WTF???????
JUDGE BURNETT: MOTIONS DENIED
September 11, 2008
Judge Burnett has denied Damien's, Jessie's, and Jason's Motions for a New Trial. In Echols' Order, the Judge claimed "the Petitioner's DNA testing results are not compelling evidence that he would be acquitted." Judge Burnett also refused to consider the jury issues: "The Court agrees with the State that it cannot entertain the Petitioner's juror bias and misconduct claims under the DNA-testing statute and that the Court's consideration of them in any proceeding is foreclosed by law of the case." According to KATV, the defense team plans to appeal.
Wednesday, 10 Sep 2008
By Jill Zeman
Associated Press Writer
LITTLE ROCK (FOX13) --
A circuit court judge Wednesday rejected claims that new DNA evidence proves the innocence of three men convicted of killing three boys 15 years ago, and denied their requests for a new trial.
Circuit Court Judge David Burnett issued a 10-page order Wednesday denying requests for a new trial. Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley -- known by supporters as the "West Memphis Three" -- had requested a new trial, arguing that new DNA evidence clears their clients.
Both Baldwin and Misskelley claim their lawyers failed to adequately represent them during their separate trials. Their lawyers also say DNA evidence provided by Echols' defense team shows 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," Burnett wrote in the order.
In his appeal, Echols argued that newly analyzed DNA found no trace of him, Misskelley or Baldwin at the crime scene. But Burnett said he agreed with prosecutors' arguments 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," Burnett wrote.
Burnett also said that even if he agreed that the new DNA evidence should be heard in court, he would deny Echols' request for a 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. A month passed before police arrested the three teens. Misskelley told investigators how he watched Baldwin and Echols sexually assault and beat two of the boys as he ran down another trying to escape.
A separate jury gave Misskelley a life-plus-40-year sentence for the killings. Baldwin received a life sentence without parole, and Echols was sentenced to death.
U.S. District Court Judge William R. Wilson Jr. ruled in November that claims about the DNA evidence first needed to be heard in state courts. The Arkansas Supreme Court has upheld their convictions.
Copyright 2008 Associated Press.
September 11, 2008
Judge Burnett has denied Damien's, Jessie's, and Jason's Motions for a New Trial. In Echols' Order, the Judge claimed "the Petitioner's DNA testing results are not compelling evidence that he would be acquitted." Judge Burnett also refused to consider the jury issues: "The Court agrees with the State that it cannot entertain the Petitioner's juror bias and misconduct claims under the DNA-testing statute and that the Court's consideration of them in any proceeding is foreclosed by law of the case." According to KATV, the defense team plans to appeal.
Wednesday, 10 Sep 2008
By Jill Zeman
Associated Press Writer
LITTLE ROCK (FOX13) --
A circuit court judge Wednesday rejected claims that new DNA evidence proves the innocence of three men convicted of killing three boys 15 years ago, and denied their requests for a new trial.
Circuit Court Judge David Burnett issued a 10-page order Wednesday denying requests for a new trial. Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley -- known by supporters as the "West Memphis Three" -- had requested a new trial, arguing that new DNA evidence clears their clients.
Both Baldwin and Misskelley claim their lawyers failed to adequately represent them during their separate trials. Their lawyers also say DNA evidence provided by Echols' defense team shows 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," Burnett wrote in the order.
In his appeal, Echols argued that newly analyzed DNA found no trace of him, Misskelley or Baldwin at the crime scene. But Burnett said he agreed with prosecutors' arguments 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," Burnett wrote.
Burnett also said that even if he agreed that the new DNA evidence should be heard in court, he would deny Echols' request for a 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. A month passed before police arrested the three teens. Misskelley told investigators how he watched Baldwin and Echols sexually assault and beat two of the boys as he ran down another trying to escape.
A separate jury gave Misskelley a life-plus-40-year sentence for the killings. Baldwin received a life sentence without parole, and Echols was sentenced to death.
U.S. District Court Judge William R. Wilson Jr. ruled in November that claims about the DNA evidence first needed to be heard in state courts. The Arkansas Supreme Court has upheld their convictions.
Copyright 2008 Associated Press.