Saturday, August 16, 2008
Get your head out of your ass Arkansas
Even before he was seated as a member of the jury he would eventually direct as foreman, Juror Four had violated his oath to this Court. He deliberately failed to give truthful answers to voir dire questions in order to avoid being removed from the venire; during the taking of evidence, he constantly discussed the case with an attorney he had hired to represent his close relative in a separate criminal matter; he informed other members of the jury of matters not in evidence in order to persuade them to convict on the basis of that unadmitted and inadmissible information; he expressed his intention to convict Echols even though he himself believed that the evidence presented in court did not suffice to prove guilt beyond a reasonable doubt; and, once he had succeeded in that objective, he lied to the Court regarding his conduct as a juror.
...
In his opening brief, Echols demonstrated that neither he nor his co-petitioners, Jason Baldwin or Jesse Misskelley, can be linked to any of the DNA recovered from the crime scene or from the bodies of the three victims in this case. On the other hand, he has presented reliable DNA evidence that, if credited, conclusively excludes him and his co-petitioners as the source of the DNA recovered at four relevant locations, including a ligature used to bind one of the victims; a tree stump at the crime scene; a cutting from the jeans of one of the victims; and the penis of one of the victims. Given that the new scientific evidence excludes him as the source of relevant DNA, petitioner is entitled to a new trial under Arkansas's new scientific evidence statute
...
There are enormous problems with the state's analysis under 16-112-208(b). To begin, suppose a situation in which a defendant was convicted of a rape-murder at a trial in which the prosecution argued strongly that semen on the victim's clothing was the same blood type as the defendant's, and on that basis the jury should find him guilty. Years later, DNA testing conclusively establishes that the semen came not from the defendant but from the victim's husband, who could not have committed the crime. Furthermore, a third party recently confessed to the murder in question. According to the state, while the DNA evidence conclusively excludes the defendant as the contributor of the semen and therefore wholly undermines the state’s theory at trial, it alone does not establish his innocence, as it does no more than prove the semen evidence is not relevant to the crime. - WM3.org
...
There's seven pages of this document over at the WM3.org site - makes for a dry, but interesting read. Of those who know the details surrounding the West Memphis Three there are two camps - guilty or innocent. Personally, I'm hovering around 95% sure they are innocent. However I'm 100% sure they didn't get a fair trial. So what's the harm in having a new, unbiased trial where things like DNA evidence are introduced instead of Metallica lyrics? It seems like a win/win situation. If they are innocent, they go home. If they are found guilty, they are guilty and they stay where they are. Either way, justice is served....albeit 15 years too late.
Labels: WM3
Monday, July 21, 2008
WM3
A Time for Truth
Labels: West Memphis Three, WM3
Thursday, January 24, 2008
Plethora of WM3 News
I'm so used to months going by without any West Memphis Three news, I've managed to let a bunch of stuff slide recently. With the new motions and DNA results in, there is a media frenzy (Finally!) in the works, one can only hope it continues.
WM3.org has video of Damien Echols death row interview with Larry King as well as full-page images of an article People magazine included in their January 12, 2008 edition and a blurb from Time magazine. If you're looking to expose the masses to the WM3 cause, Larry King, Time, and People are a great route to take, you can't get any more mainstream than that.
The recent revelation that Terry Hobbs DNA was discovered on the murder victims apparently caused Hell to freeze over and in turn cause John Mark Byers to become a WM3 supporter. As if the case couldn't get any more surreal.
And finally a feud has broken out between WM3.org and the WM3 Innocence Project. The feud seems to have sparked over questions made by WM3IP, over the handling of funds raised by WM3.org. I don't have anything to say about the spat, other than hoping that a public flame war does nothing to help Damien, Jason,and Jessie - in fact, quite the opposite. I will say this however, I interviewed Mara Leveritt - author of Devil's Knot and member of the board of directors of the WM3IP - a while back and have nothing but positive things to say about her. I just hope people remember the big picture here.
Labels: West Memphis Three, WM3
Friday, November 16, 2007
Good News
October 29, 2007
Dear Friends & Supporters:
I have waited a long time to write you this note.
Just hours ago, our attorneys filed a Second Amended Petition for Writ of Habeas Corpus proving that three innocent men were wrongfully convicted of murder in West Memphis, Arkansas, in 1993. Citing DNA testing and evidence from several witnesses and leading experts, the nearly 200-page writ asks the Court to order a new trial for my husband, Damien Echols, or release him.
In short, DNA testing has been conducted on dozens of pieces of evidence. The DNA results show no link whatsoever to Damien Echols, Jessie Misskelley or Jason Baldwin - and all of the experts agree that, under the prosecution theory of how the crime was committed, their DNA would be present at the crime scene if they were guilty. Instead, the DNA results match Terry Hobbs, the step-father of one of the victims. Our new filing also includes strong evidence from Pam Hobbs (the ex-wife of Terry Hobbs and the mother of one of the victims) implicating her former husband in the murders.
The writ includes scientific analysis from some of the nation's leading forensics experts, stating that wounds on the victims' bodies were caused by animals at the crime scene - not by knives used by the perpetrators, as the prosecution claimed. These wounds, and evidence about knives, were the centerpiece of the prosecution’s case.
Beyond writing to share this exciting news, I want to thank you for your support. Each person who spoke out about this case or donated money - each person who refused to let the world forget about three men locked away forever, one on death row, for a crime they so clearly did not commit - made this week's filing possible. Without you, we could not have made it this far, and we cannot thank you enough.
I am not an expert on science or the law. But I know that the writ that we just filed in federal court completely undercuts every argument and piece of "evidence" that was used to convict Damien, Jessie and Jason. Our lawyers and other legal experts say that any one piece of evidence in our filing, by itself, would be enough to overturn these convictions - and that, combined, all of the evidence makes it clear that this was a grave injustice that the federal court must step in and correct.
That won't happen easily. (More at wm3.org)Labels: West Memphis Three, WM3
Wednesday, September 12, 2007
The Plot Thickens
I'm a little late with this - as in nearly two months - but Mara Leveritt (who I interviewed a few years back...shameless plug) has a great article in the Arkansas Times related to the recent DNA testing of evidence in the West Memphis Three case.
"Reviving an investigation that ended 14 years ago, West Memphis police recently questioned the mother and stepfather of Stevie Branch, one of three 8-year-old boys murdered in 1993. Three teenagers were convicted of the killings. In a telephone interview on Monday, Stevie's stepfather, Terry Hobbs, confirmed that West Memphis police had videotaped an interview with him within the last three weeks. Pam Hobbs, Stevie's mother, also said she had been interviewed by police. The Hobbses are now divorced. Terry Hobbs, who lives in Bartlett, Tenn., said police requested the interview with him as a result of recent DNA tests on items found with the bodies. Prior to the police interview, he said, he had been informed of the test results by Ron Lax, a Memphis private investigator. Terry Hobbs said, "Ron claims that a piece of my hair is in the knots that tied up [victim] Michael Moore." "Does that bother me?" Hobbs continued. "No, ma'am, it does not. Why? Because I don't believe a thing he has to say because he's working for the defense team. And because if my DNA was at the crime scene, I think [Prosecuting Attorney] Brent Davis would be the one to call me about that, and not Ron Lax." Attorneys for the convicted men have said no DNA was found that matches their clients." - More at the Arkansas Times
Labels: West Memphis Three, WM3
Monday, February 05, 2007
Echols' Attorney: "Results... to shed significant light on the case"
The lawyer for Damien Echols, one of 3 West Memphis teens convicted of killing 3 little boys in 1993, says new DNA evidence will be presented soon.
Echols, who's on death row, Jason Baldwin and Jessie Misskelly were all convicted for the murders of Christopher Byers, Stevie Branch and Michael Moore.
Today, Echols' attorney, Dennis Riordan from San Francisco California, told KARK 4 News by phone, the results of new DNA evidence are "significant."
"Mr. Echols was someone from day one pushing very hard to get these DNA testing done because he thought it was important to his case and he was always a proponent. I think we have results that are going to shed significant light on the case," says Riordan.
Stay tuned to KARK 4 News for more developments on this story. - Via WM3.org
Labels: West Memphis Three, WM3
Saturday, July 15, 2006
Dear Governor Huckabee
New Article by Mara Leveritt re: the West Memphis Three
In mid-April, I helped cook up a scheme with a convicted killer.
My co-conspirator was Jason Baldwin, one of the three young men who became known as the "West Memphis Three" after their convictions in 1994 for murdering three 8-year-old boys in that city.
In 2002 I wrote a book, "Devil's Knot," about the case. It ended, as had the trials, with Baldwin and Jessie Misskelley Jr., at ages 16 and 17, being sentenced to life in prison, and Damien Echols, 18, being sentenced to death.
Twelve years later, appeals for all three continue. - Arkansas Times
Labels: West Memphis Three, WM3
Saturday, May 13, 2006
WM3 World Awareness Day
Labels: West Memphis Three, WM3
Sunday, August 28, 2005
WM3
"Some people say to me, what are you doing defending these guys in Arkansas? They're a bunch of stoners who chopped up little kids for Satan and stuff! And I say, well, okay I wasn't there, I'm not 100 percent sure the West Memphis Three are innocent, but even so, isn't there something in the constitution about people have to be guilty beyond a reasonable doubt?" said Biafra. "If they're guilty, prove it this time. Prove it for real. No matter how law and order you are, wouldn't it be better to catch the right person before it happens to another kid?" - Jello Biafra
Labels: quotes, West Memphis Three, WM3
Saturday, October 09, 2004
West Memphis Three Update
From the Arkansas Times:
"A woman who provided crucial testimony in the West Memphis 3 case now says her testimony was a complete fabrication.
Victoria (Vicki) Hutcheson says she was told what to say by West Memphis Police Department detectives, and that if she did not testify as instructed they could take her child away from her and implicate her in the slayings.
...
Mara Leveritt, a Times contributor and author of a book, "Devil's Knot," about the case, puts Hutcheson's significance this way: Hutcheson's interviews with police gave them a theory to build a case around. With that theory, and a confession from the 17-year-old Misskelley, whose IQ was subnormal, police had what they needed to arrest Damien Echols, 18, and Jason Baldwin, 16."
If you haven't heard of the West Memphis Three I encourage you to a) Watch the documentaries Paradise Lost and Paradise Lost 2: Revelations b) Read Devil's Knot c) visit the Free The West Memphis Three website d) all of the above. Three teenage boys (now men) were sentenced to prison (Misskelley & Baldwin to life, Echols to death) without any physical evidence used against them. Instead the prosecution built their case around the teens taste in clothing, the music they listened to and the testimony of people like Victoria Hutcheson. Like the popular bumpersticker says, "If you're not outraged, your not paying attention."
As of 06.02.04 DNA testing has finally been ordered by the court. It is the belief of many people, including myself, that the results of this testing will provide an a chance for justice in a case that as of yet has had no such opportunity. Three eight year old boys are dead. Three young men are in prison. Meanwhile the real killer(s) remain free.
"Could this have happened anywhere else? Yes. Look at Salem, the Third Reich, and McCarthyism. When fear and cynical leaders prevail, ordinary people do terrible things." - From my interview with Mara Leveritt, author of Devil's Knot.
Free The West Memphis Three.
Labels: West Memphis Three, WM3
Sunday, July 25, 2004
Interview with Damien Echols
The Stranger in Seattle has a rare interview with Damien Echols, it's worth a read. As always check out the Free the West Memphis Three website for more details and information on the case. You can also read my interview with Mara Leveritt, author of Devil's Knot regarding the case by clicking here.
Labels: West Memphis Three, WM3
Thursday, March 27, 2003
Things that piss me off...
Lawyers for two Texas men arrested in their bedroom are asking the court Wednesday to overturn their convictions for sodomy under a state "Homosexual Conduct'' law. This was in 1998, take a wild guess who was governor.
Brian Deneke, murdered at 19. His killer sentenced to 10 years probation, later violating parole to receive a sentence of 8 years. Same state, same governor.
Mississippi ratifies the 13th amendment, 130 years after the fact. What kind of message does that send? (Note: scroll down to the very bottom.)
Two teenagers sentenced to life, another to death for the murder of three 8 year old boys in West Memphis, Arkansas. Lacking any physical evidence to convict, prosecution used the defendants dress (black clothes, rock t-shirts), their taste in music (Metallica), and the bungled "confession" of Jessie Misskelly Jr., possessor of a 72 IQ.Labels: West Memphis Three, WM3
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