West Memphis Murders-new hearing

[PatC]

Update: Lawyers Return To Court Over 1993 West Memphis Murders

http://www.todaysthv.com/news/local/story.aspx?storyid=71132&catid=2 (http://www.todaysthv.com/news/local/story.aspx?storyid=71132&catid=2)


A judge says hearings set next month would likely go forward for three men who are seeking to overturn their convictions in the slayings of three boys in 1993 in West Memphis.

But Craighead County Circuit Judge David Burnett told lawyers for the convicted men that he could rule from the bench without any hearings that new DNA evidence shouldn't be heard.

Speaking to attorneys during a hearing that lasted more than an hour, Burnett said he would likely hold hearings set to start September 8th. But he said he could follow a prosecutor's suggestion that the DNA evidence offered by defense attorneys isn't sufficient to order a new trial or overturn the convictions of Damien Echols, Jason Baldwin and Jessie Misskelley.

Burnett banned television cameras and recording devices from his courtroom for the duration of the proceedings, citing the controversy around the case. Burnett also said from the bench that reporters could only paraphrase what they heard in the courtroom Wednesday and not use direct quotes.

But when reached after the hearing said he meant only that audio recordings made by journalists could not be broadcast or used online.

Burnett said he would issue a decision a few days before the scheduled hearings on whether the DNA evidence would be allowed. Echols' lawyers say DNA tests would clear the three.

[Tracian]

Thanks for the information Pat.

IMO, it seems the judge wants to stonewall the information from this case, because they have no plans to allow new evidence, or allow a new trial.

[PatC]

Thanks for the information Pat.

IMO, it seems the judge wants to stonewall the information from this case, because they have no plans to allow new evidence, or allow a new trial.

I'd hate to think it was a budget issue, but if I were the prosecutors I'd jump at a chance to re-try this one just to put to rest all the outstanding questions!

[bambam]

the judge in this case was/is an idiot!! if you have read much about this case..you know exactly what i mean. the investigation was a sham...the police were incompetent...as well as the judge IMO...such a sad, sad case... it's just incomprehensible that those guys are STILL behind bars!!!!! ok sorry to rant...but this one hits close to home for me!!

[Tam5115]

the judge in this case was/is an idiot!! if you have read much about this case..you know exactly what i mean. the investigation was a sham...the police were incompetent...as well as the judge IMO...such a sad, sad case... it's just incomprehensible that those guys are STILL behind bars!!!!! ok sorry to rant...but this one hits close to home for me!!

I absolutely agree with you! The prosecution was shameless, the judge is a doofus and I can't imagine why he's still on this case.

IMO, this is what happens when ignorance and paranoia take over a community. Satanists? yeah, my behind!

[bambam]

i found this myspace with some good links for info:


West Memphis Three Awareness NC

"Free The West Memphis Three"

http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=96207150

[packy]

They've seemed to have been stalling long enough and why not let that evidence in. What did they convict them on anyway, no DNA, no witnesses, and no weapons. Is that judge talking out of both sides of his mouth or has he been interpeted wrong. Let me guess. Hmmmm.

[wheezer]

LITTLE ROCK, Ark. - A judge on Wednesday rejected claims that DNA evidence clears three men convicted of killing three 8-year-old boys in 1993 and denied their requests for a new trial.

Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley — known to supporters as the "West Memphis Three" — had argued that new DNA tests would prove their clients' innocence.

Both Baldwin and Misskelley claimed their lawyers failed to adequately represent them during trial. Their lawyers said DNA evidence provided by Echols' defense team showed that the men did not kill Steven Branch, Christopher Byers and Michael Moore.

"The court finds that (Echols's) DNA-testing results are inconclusive because they do not raise a reasonable probability that he did not commit the offenses; that is, they are inconclusive as to his claim of actual innocence," Circuit Court Judge David wrote in a 10-page order denying the men's requests for a new trial.

In his appeal, Echols argued that newly analyzed DNA found no trace of the defendants at the crime scene. But Burnett said he agreed with prosecutors that the absence of DNA didn't equal innocence.

"Proof of actual innocence requires more than his exclusion as the source of a handful of biological material that is not dispositive of the identity of a killer," the judge wrote.

Burnett also said that even if he agreed that the new DNA evidence should be heard in court, he would still deny Echols' request for a new trial because there was "not compelling evidence that he would be acquitted."

Police found the three boys' bodies in a drainage ditch a day after their May 5, 1993, disappearance from West Memphis. A month passed before police arrested the three defendants, who were teens at the time. Misskelley told investigators he watched Baldwin and Echols sexually assault and beat two of the boys as he ran down another trying to escape.

A jury sentenced Misskelley to life in prison plus 40 years. Baldwin got life without parole and Echols was sentenced to die. The Arkansas Supreme Court has upheld their convictions.

http://news.yahoo.com/s/ap/20080911/ap_on_re_us/arkansas_boys_slain

[packy]

How sad. I can buy into transference of DNA, but wasn't there something about two different traces found at the scene that was related to two men who were together? They say absence of DNA does not equal innocence but I have a hard time understanding why they couldn't find at least a small trace of DNA from any one of the three. And the absence does seem to dispute the confession regarding the part where it was said they were sexually assaulted.

[wheezer]

How sad. I can buy into transference of DNA, but wasn't there something about two different traces found at the scene that was related to two men who were together? They say absence of DNA does not equal innocence but I have a hard time understanding why they couldn't find at least a small trace of DNA from any one of the three. And the absence does seem to dispute the confession regarding the part where it was said they were sexually assaulted.

I said from the beginning that this judge had no business hearing this re-trial case. There is no way he is not impartial. Why this was allowed is just mind boggling. This case needs to have someone with some power get involved. That is the only way these three young men are ever going to have a chance at a fair hearing. I keep hoping The Innocence Project will take it up. These convictions were based on hysteria not fact.

[Tracian]

This is simply amazing. I wish the governor or someone would step in. What are they so afraid of to test the DNA and offer another trial?

[bambam]

This is simply amazing. I wish the governor or someone would step in. What are they so afraid of to test the DNA and offer another trial?

exactly. this is sad. i guess at this point all avenues have been exhausted??? it's tragic!! i just don't understand.......

[bambam]

hearings continued today!!



Latest News: Motions for a New Trial concerning the DNA have been denied for all three men by Judge Burnett.

However, hearings for Jason Baldwin and Jessie Misskelley continue. Jason and Jessie's next round of Rule 37 hearings will be held November 19-21 in the Craighead County Courthouse in Jonesboro. There will be no hearing for Damien Echols.

oh man......:(


http://www.wm3.org/splash.php

[packy]

http://www.kait8.com/Global/story.asp?S=9395985&nav=menu67_2_3

JONESBORO, AR (KAIT) -- Two men convicted in the murders of three West Memphis 8-year-olds back in 1993 were back in a Jonesboro court on Friday. After three days of testimony, the second session of the "Rule 37" hearings has now come to a close.
Jessie Misskelley and Jason Baldwin arrive for the last scheduled day of their rule 37 hearings. The defense calls licensed psychologist Dr. Timothy Derning to the stand.

In his testimony Derning said he was originally contacted by Dan Stidham and then by Misskelley's current attorney's to do a mental evaluation on their client. After doing a series of at least ten different cognitive tests Derning determined Misskelley is mentally retarded.

Derning said the previous psychologist used by Stidham didn't do an adequate job in his expert testimony in the case. He said that the tests done by Dr. William Wilkins weren't the type of tests that needed to be done for Misskelley. (more at link)

Differences of opinions in some of the comments here.

http://www.kait8.com/Global/story.asp?S=9382449&nav=menu67_2

[packy]

Baldwin and Misskelly's hearing will be postponed until Mar. 30.

http://www.wm3.org/live/newsevents/newsitem.php?news_Id=220

[Bou]

I'm glad to see something happening in this case. It's been a long time.

[packy]

Misskelley's former lawyer Circuit Judge Dan Stidham's testimony expected to last much of Thursday.

http://www.wmctv.com/global/story.asp?s=10116534

[Pandabear]

Video: Hearings this week.

http://wm3.vox.com/library/post/video-wm3-hearings.html





http://wm3.vox.com/


<snipped>

Dr. Baden only got serious about the case in 2006 after a conference call
with Dr. Spitz, he knew instantly that he had the same opinions as before
—the wounds on the boys were postmortem necrophagia, nothing more and
nothing less. Echols’ attorney Dennis Riordan retained Dr. Baden and
provided him with the autopsy reports, hundreds of photos and the testimony
from both trials. He became alarmed that a terrible mistake had been made
attaching guilt to the three when the alleged penis cutting and satanic cult
activity were actually not the acts of human beings. Later in the day, Baden
mentioned the other thing that made him stick with the case because it
likely resulted in wrongful convictions was Fogleman’s grapefruit
demonstration with the serrated knife. He said nothing on the three bodies
have wounds that are consistent with ones that would be caused by this knife and
no forensic scientist would make this statement.

The only thing caused by a human or humans were the skull fractures, the
kids had lots of brain contusions which means they were alive when they were struck.
He believes their deaths were caused by multiple injuries: the
subduing blows followed by drowning after they were thrown hog-tied into
shallow water.

On May 17, 2007 Baden attended a conference in Little Rock with heavy
hitters like former San Antonio, Texas Medical Examiner Vincent Di Maio and
Dr. Richard Souviron, the Chief Odontologist at the Miami Dade Medical
Examiner’s Department in order to explain to Frank Peretti and the
prosecution that their opinions and conclusions of surgical penis cutting
and satanic cult activity was just plain wrong. But in fact 10 to 12 leading
forensic experts disagreed with his findings of sexual assaults and knife
wielding murderers. Peretti didn’t say much but promised to go back over 10
years of his drowning cases and get back to him with the results. He never
did. Out of 12 slides of tissue taken from their wrists and ankles, only one
had hemorrhaging, possibly indicating they were unconscious when they were
thrown in the water or didn’t struggle against their bindings as they were
deceased. No hemorrhages means no beating hearts and therefore no blood
pressure…

Judge Burnett asked Dr. Baden what forms of life he’d been presented from
that creek and Baden immediately said snapping turtles but any other feral
carnivore was possible. He could tell it was large because of the damage.
Michael Burt produces exhibits in which Ryan Clark and Heather Hollis both
say they’ve been swimming in the RHH ditch and there are definitely
alligator snapping turtles present therein. (Yes, there IS such a thing and
no-- I won’t be swimming in no creeks around here!!!) A forensic
veterinarian was not consulted but it’s still an option, he said.

Baden added that in the 17 hours the boys were missing, there would
definitely be animal activity on a corpse on land and in water. Mostly
likely it was snapping turtles, dogs and fish and arthopods from underneath
the water. Whatever it was that caused this extensive damage to them,
it was not human beings and it wasn’t a knife or knives.

What about Peretti’s testimony regarding the sexual attacks upon the boys?
Baden sputters— it’s 100% speculation! In my 45 years of experience, I have
never seen ear or mouth injuries in forced fellatio in children. I have
never seen any supporting literature or textbooks with anyone writing about
it. One can’t allege forced fellatio from this injury (referring to a photo
with a right ear edema), the concept is just wrong!

He went on to scoff at the “defensive wounds” on exhibit 72a and 73a when
they’re merely superficial postmortem scratches to the back of the hands, no
extensive injuries to the palms or forearms. Dr. Baden has a lot of respect
for Dr. Sturner (Peretti’s superior) and asked to go over these photos with
him as he couldn’t believe he agreed with Peretti’s findings. Alas this
conference never took place as Sturner said he did agree with Peretti’s
opinions and conclusions.

Besides the children being gripped by the ears, Baden dismissed Peretti’s
conclusions regarding the cause of penis discoloration, “punches”, genital
mutilation… None of the above is true, he said, it’s ALL animal activity!
Especially the alleged penis removal, it’s a very vascular area and there
would be extreme blood loss, instead of almost no blood loss at all. Once
again, postmortem. Of course Peretti didn’t really distinguish which
injuries he considered premortem, antemortem or postmortem to begin with.

According to Baden, none of the children were stabbed or sexually attacked.
They were struck on the head before being dumped in the water to die. Their
injuries were caused by animal life above and below the surface of the
water. The fictional circumstances of the murders of Stevie Branch, Michael
Moore and Christopher Byers finally become non-fiction at the hands of a
real, board-certified pathologist. And a legend, either way.

[Pandabear]

http://wm3.vox.com/library/posts/2009/08/

<snipped>

Concerning the testimony of Dr. Werner Spitz this week

Kicking off the final round of Rule 37 hearings is Dr Werner Spitz, a legend
in the field of forensic pathology who can literally say he wrote the book
on it—Medicolegal Investigation of Death, still the largest textbook in
print. Spitz has been a forensic pathologist for 56 years and performed
60,000 autopsies. With the budget a defendant receives to mount his or her
defense in the state of Arkansas, you simply would never see an expert of
this caliber testifying. (Or Dr Baden or Dr Ophoven or Dr Souviron, who will
all be joining us this week.) Dr. Spitz is forthright, his testimony
unequivocal and if you try to put words in his mouth or get to him freestyle
about what might have happened on May 5th, you might lose your hand at the wrist. Judge Burnett and Ken Holt (Brent Davis’ successor now that he’s a
judge) got a little of that action when they tried…

Dr. Spitz is absolute in his conclusions regarding the cause of the
death—all three drowned—and the wounds on Michael Moore, Stevie Branch and Christopher Byers: they are the result of postmortem animal predation. What about how Jessie said the kids were beaten with fists and with sticks?
Nonsense! The wounds on the bodies were made after they were dead because there are no bruises or hemorrhaging of the tissues. (Not to mention the clothes plucked from the murky water were not torn and had no blood on
them.) The wounds as seen in Dr Frank Peretti’s autopsy photos were not
inflicted by knives of any kind, certainly not the ones pretended to be
evidence at Damien Echols and Jason Baldwin’s trial.


More at link.........

[Pandabear]

http://www.kait8.com/Global/story.asp?S=10887732

Another Forensic Salvo for the West Memphis Three

JONESBORO, ARKANSAS (KAIT)

It was another day for the defense team for Jesse Misskelly and Jason Baldwin to attempt to shoot holes in the 1993 autopsy findings.

Misskelley and Baldwin sat quietly in the courtroom of the Craighead County Courthouse Annex as their team brought in noted Forensic Pathologist Dr. Michael Baden, Chief Medical Examiner for the New York State Police.

Baden was there to look at photographic and documented evidence and give his opinions on the autopsies of Stevie Branch, Christopher Byers and Michael Moore, the 3 young boys murdered in West Memphis in 1993.

Dr. Baden said the autopsy findings were trying to fit into a sexual assault satanic cult prosecution mold.

Baden, "I think unfortunately that quick assumption of a Satanic cult colored the autopsy interpretations and police investigation wrongly."

From the stand Dr. Baden stated that most injuries he saw in the pictures of the victims could be attributed to animals, either turtles or perhaps dogs or cats when the bodies surfaced from the ditch they were drowned in.

According to defense attorneys animal hair was removed from the bodies but not listed as part of the autopsy.

I asked Dr. Baden if it was normal practice or unusual to have a defense forensic pathologist present at autopsies in high profile cases like this one. He said it is usually a wise move.

Baden, "To make sure mistakes aren't made, and mistakes are made from time to time."

Did Baden think mistakes were made in the original autopsies?

Baden, "I think it was interpreted wrong."

As part of the Rule 37 hearing, the current team of defense lawyers have to show to Judge David Burnett that Misskelly and Baldwin did not receive an adequate defense. Burnetts agreement with them could give the two a new trial.

In 2007 Dr. Baden and others met with Dr. Frank Peretti the medical examiner who made the initial autopsy report. Baden said Peretti wanted to hear there opinions and that's all just hear them.

"There was not really a discussion. The defense gave their theories to the prosecution and that's where it ended."

The hearing is scheduled to run through next week.

[Pandabear]

Dr. Richard Souviron a forensic dental expert takes the stand on Wednesday

http://www.kait8.com/Global/story.asp?S=10894928

JONESBORO, AR (KAIT) Another day in court for two of the West Memphis Three.

But much of the action took place "outside."

There is a very large and from what I understand growing movement in support for the convicted West Memphis Three.

On Wednesday I spoke with a group out of Little Rock and a gentlemen from down under who says the support there is growing.

Surrounded by media, Jason Baldwin and Jessie Misskelly arrived at the Craighead County Courthouse Annex for another day of their Rule 37 hearing.

On the stand Wednesday was Dr. Richard Souviron a forensic dental expert.

One of the things that impresses about the hearings is the amount of support for the convicted men.

Jason Baldwin's mother came to the hearings showing family support for her son.

"The only thing that's kept me optimistic is the lawyers saying he will get to come home soon."

Gail Grinnell says the past 15 years have been pretty hard for her family but she remains hopeful.

"I'm just really hopeful that this hearing will get Jason home."

Other supporters were donning t-shirts and holding signs urging Judge David Burnett to step aside.

Brent Peterson represents the Little Rock group Arkansas Take Action.

"It makes no sense that Judge Burnett is still on this case. There is no chance we're gonna get a fair hearing and then a trial from him."

Peterson says a higher authority needs to step in.

"If the Supreme Court were in session right now I guarantee you they would be telling him to recuse himself from this trial. It is a total abuse of power."

For the past several years support for the West Memphis Three has grown. Reaching across international boundaries and across oceans.

Stuart Faulks is from Jervis Bay, Austrailia, he learned about the West Memphis Three from HBO documentaries.

At first he thought the guilty verdict was right.

Faulks, "I will be honest I thought the 3 boys were guilty . Back in 2007 after speaking with Mike Byers who shared some information with me. I had to rethink my position and I'm now here to support the West Memphis Three."

Faulks says there are a few people he knows who think the men are guilty and need to be in prison but admits there is a groundswell of support in Austrailia for them to be released.

[sarahhod]

Update: Convicted Killer, Damien Echols Speaks Out About New Developments



Monika Rued


Neighbors say they saw Stevie Branch, Christopher Byers and Michael Moore with Branch's stepfather, Terry Hobbs, just before their disappearance. It's a claim Damien Echols believes helps his case for a new trial.
[/URL]
Three 8-year-old boys lost their innocence on May 5, 1993 when they were brutally murdered.

Three teenagers were convicted; Damien Echols, Jason Baldwin, and Jessie Misskelley. Many believe though it's a double tragedy.

Today's THV spoke with Echols from death row. He says, "It's like being in absolute terror and being numb at the same time."

For many people, this haunting crime leaves more questions than answers more than 16 years later.

Echols explains, "You know even though I am in this prison, I am surrounded by the love of the people that care about me and are helping me through this situation."

One of the victim's step-fathers under oath stated that he'd never seen his step-son or the other two boys the day of the murders. But there's been some new developments. Three new sworn statements show something different.

The claims are from Terry Hobbs' neighbors; a woman and her two daughters.

One states, "Between 5:30 p.m. And 6:30 p.m., I saw Stevie Branch, Michael Moore and Christopher Byers playing in my backyard. I am absolutely, completely and totally positive that I saw Terry Hobbs hollering at Stevie, Michael and Christopher to get back down to the Hobbs' house at approximately 6:30 pm."

The affidavits also claim a hair ties Hobbs to the crime scene.

"It's one of those things that you get, I get a little excited about, but at the same time this has been drug out for so long in the past. It's not going to come to a conclusion quickly. I know that. It has already been 16 and a half years and I just try to stay calm and remain patient and not get my hopes too high," says Echols.

Echols says it will likely take a federal court to look at the case before he'll be given a new trial. His arrest, he calls was a rush to judgment. As for his conviction, he calls it an injustice.

"I have been here for, I've lost count, somewhere between 20 and 25, 28 executions. I can't even keep count anymore and you don't get used to it, ever."

Today's THV tried to get into touch with Terry Hobbs for comment but were referred to his lawyer who was not available.

Meantime, you may be asking why the three women just came forward. They say they were never questioned by police at the beginning and were unaware, until now, of Hobbs' recent statement that he hadn't seen the boys the day of the murders.

Two of the three victim's families have now come forward in support of the so-called West Memphis Three. Be sure to watch for more from Damien Echols in the coming weeks on Today's THV as we dig deeper into this story.

More On The New Developments

According to the affidavits, Hobbs was calling loudly at the children and ordering them to return to his house.

(Click here to read the affidavits. PDF) (http://www.redcross.org/)

Jamie Clark Ballard, who lived three doors down from Terry and Pam Hobbs, has supplied a sworn affidavit, as have both her mother and her sister. Ballard was 13 at the time and the boys were 8. She is now 21.
Ballard says in her affidavit that Hobbs was yelling at the boys to come home and it appeared they were headed in that direction before she left for church. She said they returned home from church at about 8 p.m., and that she didn't see any kids outside nor Terry Hobbs. She says, "I had no idea that the kids were missing. There was no evidence that there was a search going on for the little boys."
The affidavit continues, "Following the murders, the police never came to interview me or my family. In fact, after the murders, I do not recall ever seeing any police vehicles on my street or seeing any police interviewing any of the people in my neighborhood."
Damien Echols' case is currently under appeal in the Arkansas Supreme court seeking a new trial based upon new evidence.

(Click here for affidavit. PDF) (http://www.todaysthv.com/news/PDF/echols.pdf)

Jason Baldwin and Jessie Misskelley are serving life sentences.

[URL]http://www.todaysthv.com/news/local/story.aspx?storyid=92486&catid=2

[sarahhod]

Related Links

Decision Expected By Thanksgiving In WM3 Hearing (http://www.todaysthv.com/news/local/story.aspx?storyid=91957)
Update: Two Former Detectives Testify In WM3 Hearing (http://www.todaysthv.com/news/local/story.aspx?storyid=91843)
WM3: Key Witness Recants Story Of Satanic Rituals (http://www.todaysthv.com/news/local/story.aspx?storyid=89416)
Defense Says No Sign Of Sexual Assault In WM3 Case (http://www.todaysthv.com/news/local/story.aspx?storyid=89350)
Updated: WM3 Jessie Misskelley, Jason Baldwin And His Mother Comment On Hearing (http://www.todaysthv.com/news/local/story.aspx?storyid=89126)
Update: Damien Echols' Wife Speaks To Today's THV (http://www.todaysthv.com/news/local/story.aspx?storyid=83519)
Update: New Tip Line Started For West Memphis Three (http://www.todaysthv.com/news/local/story.aspx?storyid=83361)

[packy]

Those are some interesting new developments. Hope this can help.