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HARD TIME FOR THE INNOCENT

Damien Echols LEGAL UPDATE

Echols' Order for Preservation of Evidence, Circuit Court

IN THE CIRCUIT COURT OF CRAIGHEAD COUNTY, ARKANSAS
WESTERN DIVISION





DAMIEN WAYNE ECHOLS PETITIONER
vs. No. CR93-450
STATE OF ARKANSAS RESPONDENT




ORDER FOR PRESERVATION OF EVIDENCE




On this 27th day of January, 2003, came on to be heard the motion of the petitioner for preservation of the evidence. Based on the pleadings, statements of counsel, and agreement of the parties, the Court finds as follows:

1. Pursuant to Section 11 of Act 1780 of 2001 (A.C.A. §12-12-104), all physical evidence in a prosecution for a violent crime is to be impounded and securely and permanently retained by a law enforcement agency in the event the need for future forensic testing arises;

2. The petitioner has moved for forensic testing of s number of items of physical evidence in this case pursuant to A.C.A §16-112-201, et seq., and the Court has been informed that the parties anticipate that they may reach an agreement as to the testing of certain items of evidence;

3. This Court has the authority under A.C.A. §16-112-202 to order the immediate impounding and securing of all items of evidence in this case in order to preserve such evidence for future forensic testing as agreed upon by the parties or ordered by the Court;

4. In order to ensure the integrity of the evidence and to protect its chain of custody in the event of future forensic testing, the Court finds that it is necessary to impound all of the evidence, have it securely retained, and made available only to the parties to this case on further orders of this Court.

5. To ensure that all law enforcement agencies in possession of any items of evidence in this case are notified to preserve such evidence, the parties are hereby directed to serve all agencies involved with a copy of this Order;

6. Following service of this Order on the law enforcement agencies, any such agency that determines that preservation is not possible shall promptly notify the parties; and

7. It is anticipated once all items of evidence are properly secured, the parties will cause an inventory of the items to be made and one or two law enforcement agencies thereafter designated as the repository of all items of evidence.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that all items of physical evidence obtained in this case shall be impounded and securely retained by the law enforcement agency in possession of any such item of evidence; that the parties shall agree on a repository or repositories for such evidence after all items have been inventoried, and; that the evidence is to be made available only to the parties to this action for forensic testing so that the physical integrity and chain of custody of the evidence can be maintained.

IT IS SO ORDERED.

David Burnett [signed]
CIRCUIT JUDGE

Approved by:

Brent Davis [signed]
Brent Davis, Esq.
Prosecuting Attorney
P.O. Box 491
Jonesboro, AR 72403

AND

Edward A. Mallett [signed]
Edward A. Mallett
Mandell & Wright, LLP
712 Main St, Ste. 1600
Houston, TX 77002-3297
(713) 228-1521

ATTORNEY FOR DEFENDANT
DAMIEN WAYNE ECHOLS

Criminal Bk81 Pg 974-976
DATE: 01-30-2003
TIME: 04:23:14 PM
RECORDED IN
OFFICIAL RECORDS OF
CRAIGHEAD COUNTY, AR.
ANN HUDSON
CIRCUIT CLERK
[signed]Dena Horton, D.C.

Jessie Misskelley LEGAL UPDATES

Jason Baldwin LEGAL UPDATES

Tuesday, May 27, 2008: FOR DAMIEN BLOG