Skip to main content

Breaking news out of Arkansas October 30, 2007

In 1994, 3 teenagers in the small city of West Memphis, Ark., were convicted of killing 3 8-year-old boys in what prosecutors portrayed as a satanic sacrifice involving sexual abuse and genital mutilation. So shocking were the crimes that when the teenagers were led from the courthouse after their arrest, they were met by 200 local residents yelling, "Burn in hell."

But according to long-awaited new evidence filed by the defense in federal court on Monday, there was no DNA from the 3 defendants found at the scene, the mutilation was actually the work of animals and at least 1 person other than the defendants may have been present at the crime scene.

Supporters of the defendants hope the legal filing will provide the defense with a breakthrough. 2 of the men, Jason Baldwin and Jessie Misskelley, are serving life in prison, while one, Damien W. Echols, is on death row. There was no physical evidence linking the teenagers, now known as the West Memphis 3, to the crime.

"This is the 1st time that the evidence has ever really been tested," said Gerald Skahan, a member of the defense team. "The 1st trial was pretty much a witch hunt."

Brent Davis, the local prosecutor, did not respond to requests for comment about the new evidence and the case, but in general prosecutors and investigators have continued to express confidence in their investigation.

The story the defendants' supporters have presented of 3 misfits whose fondness for heavy-metal music made them police targets has won the men the support of celebrities like Eddie Vedder of Pearl Jam, Marilyn Manson and the creators of "South Park." Many learned of the case through an HBO documentary, "Paradise Lost," and a sequel.

The prosecution hinged on a confession riddled with factual errors and a Satanic cult expert with a mail-order degree. Mr. Echols's own lawyer called him "weird" and "not the all-American boy."

Many viewers who watched the sequel, in fact, concluded that the police should have been investigating John Mark Byers, the stepfather of one of the children, who made seemingly drug-addled, messianic speeches on camera, gave the filmmakers a blood-stained knife, and had a history of violence and run-ins with the police. His child, Christopher Byers, was the most badly mutilated of the 3.

But there was a surprise in the new forensic report filed by Mr. Echolss
lawyers: a hair found in one of the knots binding the children belonged most likely to the stepfather of another of the victims, not to Mr. Byers.

The 3 victims Christopher, Steve Branch and James Michael Moore were last seen riding their bikes on May 5, 1993. They were found the next day in a drainage ditch in Robin Hood Hills, near West Memphis, a low-rent town across the Mississippi River from Memphis. The boys were naked and hogtied with shoelaces.

The police quickly zeroed in on Mr. Echols, then 18, who was familiar to them because he was on probation for trying to run away with his girlfriend. They also believed he was involved in cult activities.

But they could find little evidence against him until Mr. Misskelley, mildly retarded and with a history of substance abuse, came in to speak with them. At the time there was a $30,000 reward.

After hours of questioning, Mr. Misskelley, 17, gave the police a taped statement that implicated himself, Mr. Baldwin, then 16, and Mr. Echols, then 19. Despite coaching by the investigators, Mr. Misskelley was incorrect in several significant details, including the time of the crime, the way the victims were tied and the manner of death. He said the children had been sodomized, an assertion that even the state medical examiners testimony appears to refute.

The team of forensic experts assembled by Mr. Echolss lawyers, which included Dr. Michael Baden, the former medical examiner of New York City, also said there was no evidence of sexual abuse. Many of the wounds sustained by the victims were caused by animals, they said, including the castration of Christopher.

As for the stray hair, the West Memphis Police Department and the stepfather it appears to belong to, Terry Hobbs, have discounted the finding, saying it could easily have been picked up at home by his stepson, Steve Branch. But Dennis P. Riordan, a lawyer for Mr. Echols, said the hair was found in the shoelaces tying Michael Moore, not Steve Branch.

Further, Mr. Riordan said, a hair was found at the scene that most likely belongs to a friend of Mr. Hobbs who was with him for part of the evening.

The court filing also argues that jurors relied on the statement Mr.
Misskelley gave the police to convict Mr. Echols and Mr. Baldwin, even though it was deemed inadmissible except in Mr. Misskelley's trial.
Several jurors have acknowledged that they knew about the confession before the trial, though they did not say so during jury selection.

The passing of time has not only allowed the defense to gather new information, but has also softened the public's belief in the guilt of the convicted men, said Mara Leveritt, the author of "Devil's Knot: The True Story of the West Memphis Three."

"What I've seen in the past 14 years has been not quite a 180-degree, but maybe a 170-degree turn, Ms. Leveritt said. "It all comes down to, 'Where's the evidence?'"

Source : ncadp

Comments

Most viewed (Last 7 days)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Florida death row inmate wants DeSantis to attend his pending execution

Dennis Michael Sochor is scheduled to be put to death Tuesday, the 29th person executed by the state in the past 19 months. Dennis Michael Sochor, convicted of strangling an 18-year-old woman he met at a New Year’s celebration in a Broward County bar 44 years ago, is scheduled to die by lethal injection Tuesday at Florida State Prison. His last wish? To have Gov. Ron DeSantis personally observe his execution up close and personal.