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Thread started 11/05/10 2:35pm

herb4

West Memphis Three to get New Trials: Paradise Found

Didn't see this posted yet:

quote:

Court orders new trial for 3 in Ark. scout deaths

LITTLE ROCK, ARK. – The Arkansas Supreme Court on Thursday ordered a judge to consider whether newly analyzed DNA evidence might exonerate three men convicted in the 1993 murders of three West Memphis Cub Scouts.

The justices also said a lower court must examine claims of misconduct by the jurors who sentenced Damien Echols to death and Jessie Misskelley and Jason Baldwin to life in prison. The eastern Arkansas murder case has drawn the attention of Hollywood celebrities and civil rights activists.

At a hearing in September, lawyers for Echols said Circuit Judge David Burnett should have considered DNA test results in deciding whether to grant him a new trial. In 2008, Burnett rejected Echols' request for a new trial without holding an evidentiary hearing.

"While there is a significant dispute in this case, as to the legal effects of the DNA test results, it is undisputed that the results conclusively excluded Echols, Baldwin and Misskelley as the source of the DNA evidence tested," the court wrote Thursday.

The justices also directed new hearings for Misskelley and Baldwin. The Arkansas Supreme Court has previously affirmed all three convictions.

Prosecutors maintained that the absence of their DNA wasn't enough to prove the three men are innocent and that a jury convicted the men on other evidence.

The court also said defense claims of juror misconduct must be addressed — Misskelley's confession was not introduced at Echols' trial but defense lawyers believe jurors considered it anyway. The state argued any new hearing should address only the DNA.

Echols has been on Arkansas' death row since 1994, when he was 20, after being convicted in the deaths of 8-year-olds Steve Branch, Christopher Byers and Michael Moore. He's maintained his innocence since his arrest and argues that he would be acquitted if retried on the charges.

The state Supreme Court upheld Echols' conviction in 1996, and he filed his most recent appeal after the justices gave him permission to test DNA evidence from the crime scene — where the boys were found beaten, nude and hog-tied. DNA testing was not available at Echols' trial because of technical limitations. Scientific advances have led to several cases being reopened nationwide.

The state argued Echols was merely trying to re-argue a case that he already lost before a jury.

Attorney General Dustin McDaniel's office said it would review the order before commenting.

The men's supporters, who call them the West Memphis Three, said they hoped a new hearing would come soon.

"These young men were convicted of a brutal crime someone else committed, and we hope the state moves quickly to overturn their convictions and seek to prosecute those responsible," said Capi Peck of Arkansas Take Action, a group that has been working to free the three men.

The new hearings will be heard by a different judge because Burnett has been elected to the state Senate and will take office in January. The high court ordered Thursday that the cases be reassigned.

The case has drawn interest far beyond Arkansas. In August, a rally in Little Rock to support Echols' legal fund featured Pearl Jam frontman Eddie Vedder, actor Johnny Depp and Dixie Chicks singer Natalie Maines and drew more than 2,000 people.


For those not familiar with this case, there are 2 books ("Devils Knot" and "Blood of Innocents") and two HBO documentaries (Paradise Lost 1 and 2. Part 3 is in production) about the case. 3 Arkansas teens were convicted of first degree murder in the deaths of 3 8 year old boys in what the State said was a Satanic ritual.

For a long time many have speculated that Chris Byers' stepfather, John Mark Byers, was the real murderer, but recently, DNA evidence has surfaced that points to another step parent, Terry Hobbs, who was never interviewed by police. Mark Byers, after years of believing the WM3's guilt, has since become a supporter and is a moderator at this message board.

http://www.wm3blackboard..../index.php

Paradise Lost 1:

http://www.youtube.com/wa...re=related

Paradise Lost 2:

http://www.youtube.com/wa...5witm15yck

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Reply #1 posted 11/05/10 10:52pm

XxAxX

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if they're innocent i hope they are cleared

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Reply #2 posted 11/05/10 11:25pm

DesireeNevermi
nd

I vaguely remember this incident. Didn't one of those guys confess to killing the scouts and it was an elaborate confession which included him showing where the bodies were? It's been so long.

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Reply #3 posted 11/06/10 12:34pm

JerseyKRS

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those boys are innocent. I didn't see this in the news either, but it is very encouraging to hear.



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Reply #4 posted 11/06/10 3:50pm

Ottensen

...saw this on Larry King. There's a band of celebrities that got behind their cause to spread awareness and get public support for a new trial, including Natalie Maines from the Dixie Chicks, and Eddie Vedder...

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Reply #5 posted 11/06/10 3:52pm

Ottensen

DesireeNevermind said:

I vaguely remember this incident. Didn't one of those guys confess to killing the scouts and it was an elaborate confession which included him showing where the bodies were? It's been so long.

I sorta remember this trial too, and confessions being involved. At the time they seemed as guilty as the day is long and I remember a big media frenzy about their occult/Satanist links. It was a pretty dark public spectacle if I remember correctly.

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Reply #6 posted 11/06/10 3:56pm

SUPRMAN

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Why haven't they been executed?

They were tried and convicted right?

I don't want you to think like me. I just want you to think.
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Reply #7 posted 11/08/10 4:49pm

herb4

SUPRMAN said:

Why haven't they been executed?

They were tried and convicted right?

Yes. Only one was sentened to the death penalty and he's exhausting all of his appeals. The other 2 got life.

Also, they're innocent.

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Reply #8 posted 11/08/10 4:52pm

SUPRMAN

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herb4 said:

SUPRMAN said:

Why haven't they been executed?

They were tried and convicted right?

Yes. Only one was sentened to the death penalty and he's exhausting all of his appeals. The other 2 got life.

Also, they're innocent.

How is that relevant if they were convicted?

I don't want you to think like me. I just want you to think.
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Reply #9 posted 11/08/10 5:45pm

herb4

SUPRMAN said:

herb4 said:

Yes. Only one was sentened to the death penalty and he's exhausting all of his appeals. The other 2 got life.

Also, they're innocent.

How is that relevant if they were convicted?

You think everyone who's been convicted and sent to jail is guilty?

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Reply #10 posted 11/08/10 6:38pm

Cerebus

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SUPRMAN said:

Why haven't they been executed?

They were tried and convicted right?

Unless they waive their right to appeal (repeatedly) it's not a speedy process. This page is actually very informative...

http://www.deathpenaltyinfo.org/time-death-row

It mentions the average time a prisoner is on death row in the US is ten years, that some are there for well over twenty, and questions whether or not this is actually giving them two senctences; the death penalty and the time spent waiting (which, even in solitary is very hard time). Also, lets not forget that only 34 states permit executions and all of them handle the act differently (Texas moves right along, some never push foward). There really is no "you've just received the death penatly and now you're going to die". In most cases it's a very, very long process.

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Reply #11 posted 11/08/10 6:47pm

Cerebus

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In regards to this case, I think they deseve another trial. But I also think that if nothing is found to prove their innocence that they are still guilty. A lot of what happened in before and during the trial stinks, but there is evidence that shows they may have committed these crimes.

DNA evidence in particular is a tricky thing for me. I need more coffee before I can get into full babble mode about it. lol It seems just as likely that it's keeping people out of prison as it is putting them in, though. I understand it helps get the right people caught and sentenced. But the reliance on it as proof of someone's presence, regarding defense and prosecution, still seems a bit suspect (no pun intended). I know in some cases it doesn't make any difference. Eyewitnesses, fingerprints, murder weapons and all that - they still matter. But in some cases it HAS made a difference, for those found innocent and guilty in a court of law. Babble, babble... that doesn't sound right... I hope somebody understands what I'm trying to say. lol

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Reply #12 posted 11/08/10 8:54pm

SUPRMAN

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herb4 said:

SUPRMAN said:

How is that relevant if they were convicted?

You think everyone who's been convicted and sent to jail is guilty?

Facetious stab at death penalty advocates.

To answer your question no.

I don't believe everyone who's been executed is guilty either.

I don't want you to think like me. I just want you to think.
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Reply #13 posted 11/09/10 7:39am

scriptgirl

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Isn't the stepdad of one of those kids the main suspect?

"Lack of home training crosses all boundaries."
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Reply #14 posted 11/09/10 1:19pm

herb4

SUPRMAN said:

herb4 said:

You think everyone who's been convicted and sent to jail is guilty?

Facetious stab at death penalty advocates.

To answer your question no.

I don't believe everyone who's been executed is guilty either.

Well there you go. That's why it's relevant. You know, so we don't jail and execute innocent people and all.

Are you being deliberately obtuse or am I failing to something communicate here?

scriptgirl said:

Isn't the stepdad of one of those kids the main suspect?

Yes, but probably not the one you're thinking of.

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Reply #15 posted 11/09/10 7:09pm

scriptgirl

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I am thinking of the one who had all his teeth removed.

"Lack of home training crosses all boundaries."
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Reply #16 posted 11/09/10 8:35pm

SUPRMAN

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herb4 said:

SUPRMAN said:

Well there you go. That's why it's relevant. You know, so we don't jail and execute innocent people and all.

Are you being deliberately obtuse or am I failing to something communicate here?

Not being obtuse. I explained it.

I don't want you to think like me. I just want you to think.
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Reply #17 posted 11/10/10 12:30am

herb4

scriptgirl said:

I am thinking of the one who had all his teeth removed.

No. That's John Mark Byers and he didn't do it.

The main suspect now is Terry Wayne Hobbs, stepfather of Stevie Branch, who has no alibi, was the last person to se the kids alive, whose DNA was found at the crime scene in a knot used to bind one of the kids, along with DNA found on a nearby tree root that belonged to his best friend. Neither Byers nor any of the West Memphis Three was a match for any of the DNA tested.

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Reply #18 posted 11/10/10 11:00pm

Cerebus

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herb4 said:

scriptgirl said:

I am thinking of the one who had all his teeth removed.

No. That's John Mark Byers and he didn't do it.

The main suspect now is Terry Wayne Hobbs, stepfather of Stevie Branch, who has no alibi, was the last person to se the kids alive, whose DNA was found at the crime scene in a knot used to bind one of the kids, along with DNA found on a nearby tree root that belonged to his best friend. Neither Byers nor any of the West Memphis Three was a match for any of the DNA tested.

Which doesn't mean the WM3 weren't there or involved in some way. That's the problem I have with this. My gut tells me it's more likely there are MORE people involved than those who are presently in prison, not that all of the WM3 are necessarilly innocent. There is evidence that points to one, and circumstantially, all of them being involved. Like I said before, though, a retrial seems like the least they deserve after the way it was handled the first time.

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Reply #19 posted 11/11/10 2:11pm

herb4

Cerebus said:

herb4 said:

No. That's John Mark Byers and he didn't do it.

The main suspect now is Terry Wayne Hobbs, stepfather of Stevie Branch, who has no alibi, was the last person to se the kids alive, whose DNA was found at the crime scene in a knot used to bind one of the kids, along with DNA found on a nearby tree root that belonged to his best friend. Neither Byers nor any of the West Memphis Three was a match for any of the DNA tested.

Which doesn't mean the WM3 weren't there or involved in some way. That's the problem I have with this. My gut tells me it's more likely there are MORE people involved than those who are presently in prison, not that all of the WM3 are necessarilly innocent. There is evidence that points to one, and circumstantially, all of them being involved. Like I said before, though, a retrial seems like the least they deserve after the way it was handled the first time.

Which one?

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Reply #20 posted 11/13/10 5:20am

scriptgirl

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how many docus are there on this case?

"Lack of home training crosses all boundaries."
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Reply #21 posted 11/15/10 1:08pm

herb4

scriptgirl said:

how many docus are there on this case?

Two, not counting 48 Hours special. Part 3 is filming now.

"Paradise Lost 1 and 2"

[Edited 11/15/10 5:09am]

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