Aug 14, 2008 10:40
Unprecedented Evidentiary Hearing Set In "West Memphis Three" Case
Frank Brooks
August 10, 2008
The latest, and perhaps final, chapter in the infamous “West Memphis Three” case is finally drawing to a close. It has been a full fifteen years after Christopher Byers, Steven Branch, and Michael Moore were discovered bound and murdered in a wooded area on the outskirts of West Memphis, Arkansas. Less than a day after the children were reported missing, police made the gruesome discoveries of three bodies in what was known as “Robin Hood Hills”, two of the children submerged in a muddy creek.
A full scale investigation brought forth Jesse Misskelley Jr, a mentally deficient teen who is said to have implicated himself, and two other teens in the murders. In what many have said to be a coerced confession, Misskelley gave an account of his role in the crime, while labeling two other teens, Damien Echols and Jason Baldwin, as actually carrying out the murders.
Misskelley was convicted of capital murder and sentenced to life in prison. While stating that neither he, Baldwin, or Echols had anything to do with the crime, and refusing to testify against either at trial, Misskelley’s earlier recorded statements played a factor in convicting Baldwin to life in prison without parole, and helping Echols into a death sentence.
For many in Arkansas, the horror story of the state’s most infamous triple homicide was over. To the average citizen, three teenagers had been dabbling in satanic activity, got caught, and received what they rightfully deserved. By now Baldwin and Misskelley would be a memory, and Echols would have surely been put to death, if the state of Arkansas had been the only people watching.
Enter HBO, who began filming the critically acclaimed documentary “Paradise Lost”, which details the events from the time of discovery to the final verdicts. What was first thought to be a run-of-the-mill saga about satanic youths attempting to sacrifice children, turned into a major media event that divided the country on whether the “West Memphis Three” really did commit the murders. For some, the documentary reaffirmed the guilty verdicts. For other, there were more questions than answers to what had actually happened, and who was responsible. And yet again, this story may have faded from the public eye, serving only as a story parents tell to children as a means to make sure they don’t wander off too far or to be sure and return home before dark.
Enter Burk Sauls, Kathy Bakken, Grove Pashley, and several others who viewed “Paradise Lost: and decided to take action. In 1996, they created a website known as wm3.org, dedicated to getting the truth out about the crimes, and presenting why they believe Baldwin, Echols, and Misskelley are innocent, used as pawns by a corrupt police force to satisfy an outraged public. In twelve years the site has grown from a five-page synopsis of the case, to over 800 pages of clear, concise information, containing news, timelines, and other information that any of the five million (and counting) visitors to wm3.org might want to view.
To further increase interest in this case, HBO produced a second documentary “Paradise Lost: Revelations” which many felt outlined exactly why this case so actively deserves attention. Additionally, benefit concerts have been held, donations have been given by actors, comedians, and musicians, and there are tribute shows and awareness events held every single year, usually on more than one occasion. However, all of these thinks will very likely come to an end in less than one month, one way or the other.
In late April, a hearing was scheduled to set the date for a full evidentiary hearing on the case. Jason Baldwin’s lawyers have since filed motions for the additional testing of hairs and fibers, as well as arguing that evidence was improperly withheld at trial. The state issued a ruling which effectively stated that the new evidence thus far fails to meet the criteria for a claim of actual innocence. Briefs have been filed detailing how a key witness as trial now admits to being coerced into making a statements, and has since recanted her words. In late July, the state of Arkansas denied the petitions without prejudice, meaning there is a possibility they could take another look at things sometime in the future.
A full evidentiary hearing on this case is scheduled for September 8, 2008 and is expected to conclude on October 3. This marks the first time that the appeals from all three defendants will be heard together. Each is expected to get around a week to present their case. In an unprecedented move, the entire case will be presented in full, argued, and decided upon. Flaws in the original trials, recent DNA evidence pointing away from the defendants, and other new leads and information which invalidate the evidence used to convict the three are expected to take center stage.
Ironically, the hearing will be before Judge David Burnett, a state judge who originally presided over the trials in 1994. Burnett has issued a gag order on all attorneys connected to the case, and has been quoted as saying, "I want to wrap this up. It's been 15 years. I'm ready to get it over with one way or the other. I don't care what the outcome is. I just want the attorneys to do their business so I can do mine." Burnett is merely reciting what is fully intended to be the last word on this case, as far as doubting the convictions.
Another interesting development in the case, is how the public perception of guilt or innocence has changed over the years. Pam Hobbs, mother of Steven Branch put aside years of blame and now seriously considers the idea that the men convicted of murdering her son may very well not be at fault. John Mark Byers, who has very publicly stated his belief that Echols, Baldwin, and Misskelley are guilty, has since apologized profusely, and now advocates the innocence of the “West Memphis Three”. Terry Hobbs, the step-father of Steven Branch still maintains that those convicted are those responsible, while trying to explain why his own hair turned up during DNA testing, rather than anything matching the accused. Todd and Dana Moore have yet to change their opinions regarding the outcome fifteen years ago, but with all that’s happened, it’s safe to say they’ve at least considered the possibilities of being wrong. Even if they aren’t.
In the coming months ahead, science, logic, and facts will be presented, hoping to replace circus trials containing fraudulent mail order “occult experts” trying to link Satanism to the murders, and medical experts who have since been at least somewhat discredited in their findings. Whether Baldwin, Echols, and Misskelley are released, receive new trials, or are found to be ultimately guilty after all these years is anyone’s guess. One thing is for sure, the world will be watching.