Judge says hearing likely in West Memphis slayings
This article was published August 20, 2008 at 6:28 p.m.
A judge said Wednesday that he is not sure whether he'll need to hold hearings for next month for three men seeking to overturn their convictions in the brutal 1993 slayings of three boys in West Memphis.
Craighead County Circuit Court Judge David Burnett said he would likely hold the hearing, but left open the possibility he would rule from the bench that new DNA evidence shouldn't be heard, as prosecutors argue it isn't enough to grant new trials for Damien Echols, Jason Baldwin and Jessie Misskelley.
"If I adopt your theories ... there won't be any need for a hearing, period," Burnett told prosecutors.
Lawyers will make additional court filings over the case in the coming 10 days. Burnett, who oversaw Baldwin and Echols' joint 1994 trial, said he planned to rule a week later whether to hold the hearings scheduled to begin Sept. 8.
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 - known to supporters as the "West Memphis Three" - did not kill Steven Branch, Christopher Byers and Michael Moore.
Police found the three boys' water-soaked 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. Echols was sentenced to die.
The Arkansas Supreme Court unanimously affirmed Baldwin and Echols' convictions in 1996, citing what it called substantial evidence of guilt.
The new hearing comes after a federal judge ordered the original trial court to examine Echols' wide-ranging appeal, including DNA testing done on Echols' behalf that showed no trace of the three convicted in the killings. However, much of the DNA evidence examined by a private laboratory in Virginia yielded no reportable results.
Testimony from forensic experts in the appeal also claim the mutilation of one of the boys likely came from an animal after their deaths - rather than prosecutors' claims about satanic rituals.
Dennis Riordan, a San Francisco-based lawyer representing Echols, said Wednesday that a sealed filing to the court included testimony of a Little Rock lawyer who spoke with the jury foreman during the original trial. Defense lawyers say that discussion likely prejudiced the juror's opinion and tainted the whole jury.
Prosecutors say Burnett shouldn't consider the jury claims, as the state Supreme Court previously dismissed the accusations.
Burnett has issued an order banning cameras and recording devices from the courthouse during the coming proceedings.
Burnett initially said Wednesday that reporters could only paraphrase what they heard in the courtroom and could not use direct quotes. When reached after the hearing, the judge said he meant only that audio recordings made by journalists could not be broadcast or used online.
