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Obscuregawdess
 Posted:
Thu Sep 18, 2008 10:23 pm |
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JASON AND JESSIE GET A HEARING!
Thursday, September 18, 2008
Jason and Jessie get hearing!!!! YES!!!
Thursday, September 18, 2008
..TR> Update on Jessie Misskelley's hearing...
Jonesboro hearings info
Though Judge Burnett won't be hearing any DNA evidence-- just like for Damien's motion-- Jason's hearings ARE going to happen on Sept 24- 26 and Jessie's will follow them on Sept 29 and Sept 30th in Jonesboro. (nothing on Oct. 1st).
It's official and it's be announced on wm3.org.
Maybe we can still get a decent amount of supporters to come out despite all the (deliberate) confusion and misinformation. Thanks for helping to spread the word!
Road trip to Jonesboro to support Jason and Jessie anyone? Perhaps you can find others in your area to take that road trip too?
http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=91005397&blogID=434199871&Mytoken=31BFF21B-8FB4-482F-B8BAFD951445ADB748819408
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| pax
Posted:
Fri Sep 19, 2008 12:53 am |
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Great news. Thanks OG.
I wish I lived within driving distance.
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Joined: 23 Mar 2006
Posts: 16333
Location: Wish You Were Here
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| Hannie
Posted:
Fri Sep 19, 2008 9:22 am |
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Thanks OG, that's great news!!
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li'l Shango's Mommy
Joined: 23 Mar 2006
Posts: 23202
Location: The Hague, The Netherlands
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| Obscuregawdess
Posted:
Fri Sep 19, 2008 1:33 pm |
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You're welcome guys. Are you surprised Judge Burnett denied their petition? I'm not but, to read them in greater detail, his explanation for his rulings on Jason and Jessie are:
Jason
http://www.wm3.org/live/trialshearings/chrono_detail.php?chrono_Id=192&guy=2&year=2008
Jessie
http://www.wm3.org/live/trialshearings/chrono_detail.php?chrono_Id=193&guy=3&year=2008
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Fishy
Posted:
Fri Sep 19, 2008 3:01 pm |
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Thanks OG. That is wonderful news!
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Joined: 13 Nov 2007
Posts: 1695
Location: Texas
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| Obscuregawdess
Posted:
Tue Sep 23, 2008 1:46 pm |
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Hi Fishyyyyy! (xoxo) Burnett's showing his shitty side. Wait! I think that's the only side he has, in relation to being a judge.  But justice will prevail in the end, and he will have no say-so then.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 23, 2008 6:04 pm |
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Baldwin to appeal 1993 WM slayings conviction
Associated Press - September 23, 2008 6:34 PM ET
JONESBORO, Ark. (AP) - Officials say 1 of the three men convicted in the 1993 killing of 3 West Memphis boys will appear Wednesday in Craighead County Circuit Court.
Michelle Grilletta, an assistant to Judge David Burnett, says Jason Baldwin will attend a hearing focused on whether he received adequate legal representation during his 1994 trial in Jonesboro. The hearing comes after Burnett dismissed an appeal by Damien Echols, 1 of the other men convicted in the slaying.
Jessie Misskelley, the third man convicted, has made a similar claim.
Baldwin, now 31, was convicted of capital murder in the deaths of 8-year-olds Steve Branch, Michael, Moore, and Christopher Byers. He was sentenced to life in prison without parole.
Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://www.wxvt.com/Global/story.asp?S=9061559&nav=menu1344_2
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 23, 2008 6:33 pm |
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I misunderstood all of this news in the midst of my hectic schedule! Lol.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 23, 2008 6:33 pm |
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Jason Baldwin Set To Appear In Jonesboro Wednesday
Wednesday, September 24, 2008
Jonesboro, AR - Will Carter Reports
Jason Baldwin Set To Appear In Jonesboro Wednesday
Sep 23, 2008 03:52 PM PDT
JONESBORO, AR (KAIT) - It's back to court for one of the "West Memphis Three" Wednesday as a retrial hearing gets underway here in Jonesboro.
Jason baldwin is expected to appear alongside his attorneys for a "Rule 37" hearing.
This differs from a request to look at D.N.A. evidence that was denied by Judge David Burnett earlier this month.
A "Rule 37" is filed when a defendant believes their attorney did not do their job or have their best interest in mind during the original trial proceedings.
Both Baldwin and Jessie Misskelley are awaiting their Rule 37 hearings. Damien Echols hearing was already conducted several years ago.
Will Carter will be at Wednesday's hearing and bring us the latest in the retrial efforts in live reports throughout the day on Region 8 News and here on our website through our Region 8 News Blog.
http://www.kait8.com/Global/story.asp?S=9061681
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Sep 24, 2008 1:58 pm |
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Jason Baldwin Set To Appear In Jonesboro Court
http://www.kait8.com/Global/story.asp?S=9061681&nav=menu67_3
(Go to link to watch live proceedings and video coverage w/ Jason and Byers talking)
Posted: Sep 23, 2008 05:52 PM CDT
Updated: Sep 24, 2008 12:24 PM CDT
West Memphis 3 Update from MIDDAY
3:27
Rule 37 Explainer
2:42
Jason Baldwin Set To Appear In Jonesboro Wednesday
1:39
Inside KAIT8.com
West Memphis 3 Courtroom Blog
REGION 8 Headlines
Jason Baldwin Set To Appear In Jonesboro Court
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UPDATE - WHAT IS A RULE 37?
JONESBORO, AR (KAIT)- A "Rule 37" hearing is an attempt by a defendant to say they were unfairly represented or that their attorney didn't perform to the best of their ability during an original trial proceeding, but just how far will this get Jason Baldwin and Jessie Misskelley?
Many thought it was the end of the road for the West Memphis Three earlier in September when Judge David Burnett ruled that he would not accept a request to look at DNA evidence made by the three defendants.
However, for Baldwin and Misskelley their final chance is wrapped around what's called a "Rule 37" petition.
"Rule 37 is basically the ineffective assistance of counsel motion," said attorney Ray Nickle.
He says that's something that's often hard to prove and a tactic rarely works, and that the West Memphis Three were adequately represented due to the nature of the case.
"The attorneys that handled these matters, not only were they competent attorneys, but each defendant was represented by two attorneys," said Nickle.
That's where things can get sticky for the defendants. Once the Rule 37 petition is filed the attorney-client privilege is waived.
"So, therefore, the attorney or attorneys representing that person then become a witness for the state, so to speak. So, the prosecuting attorney can call them as a witness saying you did this, this, and this," said Nickle.
And if it can be proved that the defense attorneys from back in 1994 did do their jobs, the chances for a retrial could be coming to a quick close.
"Even the other arguments they are making, at least the way I understood, later discovered evidence or DNA, these would have been things outside the scope of these attorneys. So to bring it up now, and try and bring it into the courts is a last ditch effort," said Nickle.
Jason Baldwin is expected to appear before Judge Burnett as his attorneys plead his case beginning Wednesday.
I will be live from at the hearing both on the air and on our web site throughout the day.
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JONESBORO, AR (KAIT) - It's back to court for one of the "West Memphis Three" Wednesday as a retrial hearing gets underway here in Jonesboro.
Jason Baldwin is expected to appear alongside his attorneys for a "Rule 37" hearing.
This differs from a request to look at DNA evidence that was denied by Judge David Burnett earlier this month.
A "Rule 37" is filed when a defendant believes their attorney did not do their job or have their best interest in mind during the original trial proceedings.
Both Baldwin and Jessie Misskelley are awaiting their Rule 37 hearings. Damien Echols hearing was already conducted several years ago.
Will Carter will be at Wednesday's hearing and bring us the latest in the retrial efforts in live reports throughout the day on Region 8 News and here on our web site through our Region 8 News Blog.
--------------------------------------------------------------------------------
Story ideas or comments? Email Will at wcarter@kait8.com
Some Comments:
Wednesday, September 24, 2008There needs to be a new judge in this case. Using the same one is a waste of time, and taxpayers money.
Wednesday, September 24, 2008Why waste the states money when the 3 are guilty. Jessie confessed 3 times, what more do you want.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Sep 24, 2008 3:11 pm |
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WM3 Courtroom Blog
September 24, 2008
First Witness Takes To Stand
After Jason Baldwin's shackles were removed, attorneys proceeded in Wednesday's Rule 37 proceedings. We have now learned that Jessie Misskelly will be making his way into Jonesboro Thursday morning, as the judge has decided to hear both of the filings at the same time. Again, attorneys asked Judge David Burnett to recuse himself from the case, and he again denied that motion. Burnett did say, however, that he would allow D.N.A. to be presented, but only if it pertained to these hearings and specifically to "ineffective assistance."
Shortly thereafter, the defense called their first witness,attorney Paul Ford. Ford and Robin Wadley were the attorneys that represented Jason Baldwin back in the 1994 trials. Ford noted in his testimony that upon meeting and dealing with his client during the trial, that Baldwin was "a smart young man." Ford went on to say that all along his defense was innocence, and even though there was a confession by Jessie Misskelley, they always proceeded under an innocence defense. He noted that he repeatedly tried to break Baldwin's trial away from that of Damien Echols because he did not want the two "saddled together." At this point Balwin's new attorney continues to present exhibits of notes and documents from the 1994 court proceedings, as testimony continues from attorney Paul Ford.
I will have more on the developments from inside the courtroom early this afternoon after the lunch recess.
Will Carter
Region 8 News Reporter
Posted at 11:24 AM | Permalink | Comments (0) | TrackBack (0)
Wednesday Morning Summary
As of 9:35 a.m. court has just begun in the "Rule 37" petition hearing on behalf of defendant Jason Baldwin. Baldwin, now aged considerably, stepped out of a Craighead County Sheriff's Department car just after 9:00 a.m. and walked quickly into the Craighead County Courthouse Annex. When asked what the last 15 years have been like, Baldwin replied "very hard."
So far, supporters from as far away as California have made their way into Jonesboro for today's hearing. Among those present is Mark Byers, the father of murdered Christopher Byers.
In statements to Region 8 News this morning Byers again held his stance saying that the West Memphis Three are innocent, and that he "will work for the rest of his life if necessary to clear their names of crimes they did not commit." He went on to point the finger at Terry Hobbs, who he said "killed my son, and needs to take responsibility. I cleared my name with a polygraph test and if he's innocent, why hasn't he done the same?"
Inside the courtroom, at this point, Baldwin has been unshackled and is sitting attentively as his attorney speaks to Judge David Burnett. It has been asked that the judge permit a sealed affidavit that supposedly has a statement from the jury foreman talking about some talks with attorneys at the time of the trial. Judge Burnett said he will allow that, but feels more issues are being brought forth, than are covered by the Rule 37 petition.
I'll have much more throughout the day, and will be live at Region 8 News Midday.
Will Carter
Reporter
Posted at 10:13 AM | Permalink | Comments (1) | TrackBack (0)
Live Report on MIDDAY
Region 8's Will Carter is on scene this morning and spoke with Jason Baldwin as he entered the courtroom. Watch it first live on MIDDAY at 11 A.M.
Posted at 09:33 AM | Permalink | Comments (0) | TrackBack (0)
West Memphis 3 Blog
Welcome to a special kait8.com exclusive: The West Memphis 3 courtroom blog.
As the proceedings heat up, our reporters are there for every moment. But since video cameras aren't allowed everywhere, we will take to the Internet to keep you informed of the latest!
Check back here often and throughout each day for new information and the newest happenings.
Stan Morris
Web Producer
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Sep 24, 2008 3:26 pm |
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One of West Memphis 3 Gets Hearing
:15 p.m.- One of West Memphis 3 Gets Hearing
Reported by: KARK 4 News
Wednesday, Sep 24, 2008 @01:13pm CST
One of the three West Memphis teenagers convicted of killing three young boys in 1993 went to court Wednesday, saying he deserves a new trial. Jason Baldwin told KARK 4 News before the hearing, "I'm innocent," and that the last 15 years in prison have been hard.
Baldwin hopes to be granted a new trial, saying he had "ineffective council" during his first trial. Baldwin, Jessie Misskelley and Damien Echols were convicted of killing Christopher Byers, Stevie Branch and Michael Moore.
At today's hearing, Byers' father, John Mark, said "It's time that justice be done for six families now."
He believes the three, now men, convicted are innocent. Earlier this month a Judge ruled there was not enough new evidence to grant a new trial for each of the convicted men.
http://arkansasmatters.com/content/fulltext/news/?cid=118201
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Sep 24, 2008 4:53 pm |
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Testimony Continues in Baldwin's Rule 37 Hearing(LIVE)
After a short recess, court is back in session at this hour. Attorney Paul Ford is still on the stand testifying on his own behalf as the new defense attorneys for Jason Baldwin try to prove that Ford's representation of Baldwin back in 1994 was ineffective.
In talking about his defense strategy from that time, Ford said that he merely wanted to "poke a hole in the balloon" that the state had formed, which would leave the jury with a reasonable doubt. He stated at one point in his testimony, when asked if he believed that Jason Baldwin was being truthful about not commiting the crime, Ford responded, "I did, and I still do."
Ford has also described Baldwin as a "mild-mannered young man," and went on to say "he didn't fit the suit of someone that could commit such a crime." But no matter how much he supports Baldwin, Ford is facing a tough line of questioning as attorneys continue their attempts to prove his inadequacies back in 1994. Some of the issues brought up so far revolve around why he didn't use some witnesses during the trial, and whether or not he should have considered animal predation as a possibility in some of the bodily wounds inflicted on the three murdered boys. Throughout the day dozens of documents have been presented or talked about, but it seems that 15 years has jogged the memory of Ford who repeatedly stated that if it was in his files, he likely saw the materials, if not, he probably wouldn't know of them.
Ford has stated several times throughout the day that he thinks having Baldwin's trial connected to Echols hurt their chances. At one point he said, "Do I wish the outcome would have been different? You better believe it."
But was the outcome of the 1994 trial that convicted the West Memphis Three enough to prove that Ford was ineffective in his counsel? At this point that is something we still have to wait and find out, but Ford did say in regards to the jury and the evidence they were presented that "I believe there was a lot of doubt in the case, and I still do."
I will have much more at 5 and 6 as I bring you live reports, plus hear what Mark Byers and Jason Baldwin's mother have to say about where things have ended up.
Will Carter
Region 8 News Reporter
09/24/08, Wednesday
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Sep 24, 2008 6:16 pm |
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Lawyer: Witnesses Could Prove Baldwin’s Alibi
Thursday, September 25, 2008
Lawyer: Witnesses Could Prove Baldwin's Alibi
Posted By: Robert Bell 4 hrs ago
A former lawyer for a man convicted of killing three West Memphis boys 15 years ago testified Wednesday that he knew of people who could have provided proof of his client's innocence but he did not call them as witnesses.
Paul Ford, who represented Jason Baldwin at his 1994 trial, said that while Baldwin's mother and an uncle could have provided an alibi for Baldwin, they would not have made good witnesses.
Ford spoke at a hearing in Craighead County Circuit Court before Judge David Burnett on whether Baldwin received adequate legal representation during his 1994 trial in Jonesboro.
Baldwin, now 31, was convicted of capital murder in the deaths of 8-year-olds Steve Branch, Michael Moore, and Christopher Byers. He was sentenced to life in prison without parole. New lawyers for Baldwin are asking Burnett to void their client's conviction and penalty. The judge has set aside four days for the hearing and plans to take up similar arguments tomorrow from lawyers for co-defendant Jessie Misskelley.
In a written response, the state has noted that Baldwin's conviction and life sentence were affirmed in 1996 and that Baldwin has waited too long -- 14 years -- to seek this kind of relief.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
http://www.todaysthv.com/news/local/story.aspx?storyid=73047&catid=2
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Sep 24, 2008 9:55 pm |
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WM3 Case Back in Court
Reported by: Cecillea Pond-Mayo, KARK 4 News
Wednesday, Sep 24, 2008 @06:06pm CST
Jason Baldwin, one of the men known as the West Memphis 3, was back in court today asking for a new trial.
Baldwin told reporters he was innocent while walking into the court today. His attorneys are trying to prove he had inadequate assistance during his first trial.
Baldwin's original attorney, Paul Ford, took the stand on Wednesday. He was asked if had believed Baldwin's story that he was innocent. "I did and I still do," Ford said.
Ford also said he had asked repeatedly that Baldwin's trial be separated from fellow defendant Damien Echols. "I didn't think his defense did him any favors," said Ford.
On Thursday, another defendant, Jessie Misskelley is expected to appear in court for a similar hearing.
Video: http://arkansasmatters.com/media_player.php?media_id=115481
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Fishy
Posted:
Thu Sep 25, 2008 9:53 am |
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LOL I think you hit the nail on the head about Burnett From the way it appears to me.....the more obstinate he is about denying their petitions, the worse he will look in the end. And, it looks as though someone is listening 
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Joined: 13 Nov 2007
Posts: 1695
Location: Texas
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 10:01 am |
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Yes, and Burnett can hang his head in shame when they are finally released. Did you watch the video? John Mark Byers goes to every hearing for the WM3 and sits on their side and is always very vocal and critical. I am starting to like him! I have more updates here I am going to post. Big hugs, Fishy!
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 10:11 am |
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Thursday, September 25, 2008
Attorney testifies in Baldwin case
by Stan Mitchell
JONESBORO — A former attorney for one of the three men convicted in the May 1993 murders of three West Memphis 8-year-old boys testified Wednesday his client chose not to testify or call witnesses that could have provided him an alibi.
Circuit Judge David Burnett is conducting the Rule 37 hearing for Charles Jason Baldwin, who along with Damien Wayne Echols and Jessie Lloyd Misskelley, was convicted in the May 5, 1993, murders of Michael Moore, Steven Branch and Christopher Byers.
Baldwin's original attorney, Paul Ford of Jonesboro, testified Wednesday concerning his defense trial strategy in 1994. Ford was assisted in the trial by George "Robin" Wadley.
In a related court matter Burnett signed an order Wednesday for officers to transport Misskelley from prison to Craighead County for his Rule 37 hearing today.
A Rule 37 hearing is conducted after a defendant has been convicted and claims his or her attorney was ineffective in representing him or her during trial.
Also, Mark Byers, the stepfather of victim Christopher Byers, said there was "no doubt" in his mind that the three convicted killers are innocent of their crimes.
Byers' statement Wednesday was in stark contrast to his actions at the original trials in 1994, when he often shouted he hoped the defendants rotted in hell.
Byers now claims that Terry Hobbs, the stepfather of victim Steven Branch, is the real killer of the three 8-year-old Cub Scouts.
"If Terry Hobbs didn't kill my son, why won't he take a polygraph. I took one," said Byers, who early in the police investigation was considered a suspect in the murders. "In my opinion, Terry Hobbs killed my son, his stepson and the Moore child."
Hobbs has maintained he had nothing to do with the murders.
Baldwin said the last 15 years in prison have been "hard" on him. He declined to comment on other questions from reporters as he was being escorted into the courthouse Wednesday morning.
Ford testified that Baldwin wanted to take the witness stand at his trial but changed his mind after co-defendant Echols testified.
"I thought Damien Echols' testimony hurt him," Ford said. "I think I was saddled in that trial with [Echols], and it hurt my case."
Although several of Baldwin's family members and friends wanted to provide an alibi for him, Ford said he did not call any witnesses during the trial because of creditability issues.
"I can't stress enough how much I urged Val Price not to put Damien Echols on the stand. He did anyway," Ford testified. "I could not find an alibi for [Baldwin] that I did not think would unravel on me."
Echols sentenced to death
Price was the lead attorney for Echols, who received a death sentence for his conviction. Baldwin was sentenced to life in prison, while Misskelley received life, plus 40 years, for his part in the murders.
At one point Ford testified he did not recall receiving word from a state Crime Lab employee concerning a hair that was found on one of the shoestrings that was used to bind the Byers child's hands and feet.
However, Baldwin's current attorney, John Phillipsborn of California, produced a hand-written memo by Ford that indicated he had received the information before trial.
Ford said it had been more than a decade since he reviewed Baldwin's case file and could not remember that specific document&183;
"I did the best that I could. If my representation was ineffective, that's for this court to decide," Ford testified.
Baldwin says he's innocent
Ford said Baldwin has maintained he is innocent of the crimes since his arrest in 1994.
Ford also testified as to why he chose not to use a private investigator in his case. He said he felt the investigative team was more interested in Echols' case because they thought Echols was more likely to get the death penalty, and so he chose not to hire the team.
Baldwin and Echols were arrested, along with Misskelley, after Misskelley gave police a confession to the crimes and implicated his co-defendants.
"Without the Misskelley confession, Mr. Baldwin would never have been arrested, or at least that's my opinion," Ford testified.
Misskelley told police the Moore child escaped his attackers, but Misskelley chased the child down and brought him back to Echols and Baldwin. On the day of his arrest Echols was seen outside the courthouse blowing kisses and licking his lips at the victims' families. Echols now claims his actions were simply mistakes made by a young person. He was 18 at the time.
Baldwin, who did not testify at his trial, is expected to testify today. Baldwin claims he was mowing his uncle's yard on the afternoon the boys went missing and then went home to watch his younger brother while his mother was at work. His mother called her home around 8 p.m. and allegedly spoke with her sons, but none of the evidence was presented at Baldwin's trial, Phillipsborn told the court Wednesday.
Prosecutor Brent Davis in 1994 maintained the murders happened between 3 and 9 p.m.
On Sept. 10 Burnett denied a separate petition for writ of habeas corpus and motion for a new trial for Baldwin, based on his claim that new DNA evidence was available.
A motion for a new trial for Baldwin's co-defendant, Damien Wayne Echols, was also denied in a separate order.
Like several hearings before, Burnett again on Wednesday refused to recuse himself from hearing the court issue.
Testimony in the hearing is scheduled to resume today at 9:30 a.m. at the Craighead County Courthouse.
s.mitchell@jonesborosun.com
http://www.jonesborosun.com/story.php?ID=34919
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 10:17 am |
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More: Thursday, September 25, 2008
Lawyer defends handling of defense in ’93 slayings
JONESBORO — A man convicted in the 1993 slayings of three West Memphis boys knew of witnesses who could provide an alibi, his former attorney said Wednesday.
But Paul Ford, the attorney who represented Jason Baldwin, testified that he didn't call on them during a 1994 capital murder trial because "they were unreliable." Ford said he felt that prosecutors could have shot holes in Baldwin's alibis if the witnesses took the stand.
Ford testified Wednesday in Craighead County Circuit Court during a hearing to determine if Baldwin received adequate legal representation during his trial. If Circuit Judge David Burnett rules that Baldwin did not receive proper counsel, he could rule that Baldwin deserves a new trial.
The hearing resumes this morning in Jonesboro. Jessie Misskelley, who was also convicted in the killings and was sentenced to life plus 40 years in prison, will have a similiar proceeding under Burnett today.
Burnett has set aside four days for the proceedings and could decide if the two merit new trials by Tuesday.
Baldwin, 16 at the time, was convicted of three counts of capital murder and was sentenced to life in prison without parole in March 1994. At the time, he wore long, curly hair past his shoulders and appeared shy during his original trial. On Wednesday, the now-31-year-old Baldwin arrived in court wearing short cropped hair and black-framed glasses. He frequently conversed with his attorney during the hearing and made eye contact with everyone.
Damien Echols was convicted with Baldwin and was sentenced to die by lethal injection.
John Philipsborn, who now represents Baldwin, spent much of Wednesday questioning Ford's defense strategies for Baldwin.
Ford testified that he decided not to present witnesses who could have said Baldwin was either mowing his uncle's yard or talking on the telephone when the three boys were killed because they were unreliable. He said Baldwin's mother, Gail Grinnell, was under stress after her son was arrested and he felt that she would not provide consistent testimony.
"I explored diligently any valuable and reliable testimony that would have established an alibi," Ford said in court. "I did not find successfully what I was looking for — an alibi that would not unravel on me." Ford said he felt that it was better when considering a jury's response to not have an alibi at all rather than a weak one.
Ford also said he was aware that Baldwin was in school in Marion on May 5, 1993, the day Steve Branch, Michael Moore and Christopher Byers were killed. But he did not present school records during Baldwin's trial showing that because the state said the three second-graders were killed in the evening after school was out.
"As much as I wanted to see Jason go free, I cannot imagine I would not have put on a witness if I thought it would help his alibi," Ford said. Ford said he still strongly believes Baldwin is innocent.
A hearing to determine Echols' legal counsel's efficiency was held in 2000; Burnett ruled then that Echols received adequate representation and denied him a new trial.
Wednesday's hearing pitted two former adversaries. Second Judicial District prosecutor Brent Davis is now defending Ford. The two battled when Davis prosecuted Baldwin in 1994.
It also created friends of former enemies. John Mark Byers, the father of slain Christopher, who once "condemned" the three convicted men "to hell," has since befriended Echols and Baldwin. Byers says he believes they did not kill his son and the two other boys.
Before court began Wednesday, Byers walked to the defense desk and shook hands with Baldwin. He also hugged Baldwin's mother who attended the hearing.
"When Misskelley was convicted [in February 1994 ], I was glad," Byers said to a reporter as the hearing began Wednesday. "I needed someone to hate. When Echols and Baldwin were convicted, I thought they had good lawyers. I started asking questions. I took Police 101 and realized there were a lot of things not answered." During the hearing, Ford testified Wednesday that he felt that Echols' defense during the 1994 trial with Baldwin hurt his client's chances of gaining an acquittal. The two were tried together in Jonesboro.
"Damien's testimony hurt him significantly," Ford said. "I was saddled by that." He also called a confession made by Misskelley to West Memphis police and his earlier conviction in Clay County the "elephant in the room" when Baldwin was tried.
"My job was to establish reasonable doubt," Ford said. "My client didn't do it. I did everything I could do to poke a hole in the balloon [of evidence ] blown up by the state.
" I still believe Jason didn't do it," he said. Baldwin then looked at Ford and nodded to him.
http://www.nwanews.com/adg/News/238325/
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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Posted:
Thu Sep 25, 2008 10:41 am |
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Day Two Gets Underway
September 25, 2008
Coverage Continues Today:
Good morning everyone,
Our coverage of the West Memphis 3 proceedings continues today.
Coming up on MIDDAY, a LIVE report from Region 8's Will Carter. You can watch MIDDAY's headlines right here on kait8.com or on KAIT on your nearest television!
Expected to enter the courtroom today is Jesse Misskelley.
Check back here throughout the day for more.
Stan Morris
Web Producer
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Day Two Gets Underway
Good morning. As day two gets underway we now have two of the original defendants present in the courtroom. Both Baldwin and Misskelley arrived this morning in separate transport vehicles from the Sheriff's department. Baldwin, still holding his head high, said he feels like things are going well. However, Misskelley walked into the courthouse ignoring all questions from the media, and looking straight ahead as officers escorted him inside.
While Baldwin has aged, Misskelley looks the same for the most part, aside from a circular tattoo that now is imprinted on the top of his head. Both remain dressed in regular clothes, and are currently sitting and listening attentively to the proceedings.
Here inside the courtroom, Ron Lax, a private investigator used during the trials is talking about the past, and his involvement with the trials. He stated before the West Memphis Three trials he had worked on between 20 and 30 capital murder cases. He also talked about how he was against the HBO documentary, but didn't have much say so in that matter. He said it was his understanding that some of his work could be shared between the Baldwin and Misskelley defense teams.
Outside the courthouse this morning, we caught up with Jessie Misskelley Sr. who says he can alibi for his son's whereabouts, and went on to say that the confession was wrong and was "beaten" out of Jessie Jr. He also expressed his frustrations with the court system and more specifically Judge David Stidham.
I will have much more today on Region 8 News Midday, and will be updating this blog throughout the day.
Will Carter
Region 8 News Reporter
http://www.kait8.com/Global/link.asp?L=343251
Last edited by Obscuregawdess on Thu Sep 25, 2008 10:44 am; edited 1 time in total
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 10:43 am |
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WM3 Day One: Jason Baldwin Is Met With Support
Posted: Sep 24, 2008 07:44 PM CDT
Updated: Sep 24, 2008 07:59 PM CDT
Video Gallery <1>
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JONESBORO, AR (KAIT) - The focus of the Rule 37 hearings is to try and break down the credibility and effectiveness of the defense attorneys from back in 1994.
On the hot seat Wednesday was attorney Paul Ford who represented Jason Baldwin, and said several times throughout the day that he did the best he could, and still believes to this day that there was reasonable doubt within the jury box.
But just how this will play out is still unclear, as Wednesday was only the beginning in this attempt.
As the morning began, a lone car rolled in from the Craighead County Sheriff's Department. Out would step an aged Jason Baldwin with only a few words to say.
What do you hope happens today? "That justice is finally served," said Baldwin. Jason, what has the last 15 years been like, waiting for this moment? "Hard," he replied.
For Baldwin's mother Gail Grinnell, the chance to go back to court is all about hope.
"Today has been uplifting. It's got my hopes up, and I'm really truly hoping and praying that things are going to come out right," said Grinnell.
Inside the courtroom, it was up to Baldwin's attroneys to prove, that in the 1994 hearings, his defense team rendered ineffective assistance.
Throughout the proceedings Baldwin sat attentatively, listening and watching his attorneys.
And among the crowded courtroom was another face-- one who's had a change of heart since the 1994 convictions.
"It took quite a while to digest all of it, and to wrap my mind around all of it. However, today there is no doubt in my mind that the West Memphis Three are innocent," said Mark Byers.
Those were words he never thought he'd say 15 years ago when his step-son Christopher was murdered, but he says now he's only got one thing to say to Baldwin and the other two convicted.
"If it takes my last breath, I will not stop until there's justice for six families and the truth comes out," stated Byers.
And for the mother of a son who could have been wrongly convicted, that's justice that's been long awaited.
"It's been horrible. It's been very horrible, knowing that he was innocent, and that he was so young. He had just turned 16. He was still a child," said Grinnell.
And in 15 years it seems a lot of the folks involved with this case have matured. You now have parents who are forgiving, and asking that the West Memphis Three be cleared, but whether the court will change its mind is something that now lies on Baldwin and Misskelley's attorneys.
And Jessie Misskelly is expected to appear Thursday morning as they put the two rule 37 cases together.
I will be at the hearings and have live reports througout the day, and up to the minute information on our Courtroom Blog which you can access from our homepage.
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http://www.kait8.com/Global/story.asp?S=9069722
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Fishy
Posted:
Thu Sep 25, 2008 11:11 am |
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Thanks OG 
Things appear to be looking up....finally Well, this can only get very interesting from here on out!
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Joined: 13 Nov 2007
Posts: 1695
Location: Texas
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 1:59 pm |
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Indeed! Even though I am prepared for the worst in these hearings, I'm keeping the faith. 
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 3:26 pm |
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Jason Baldwin Takes Stand
JONESBORO, AR (KAIT) - Jason Baldwin of the West Memphis 3 has taken the stand according to Region 8 News's Will Carter.
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Will Carter will be live on Region 8 News at Five and Six to explain more.
http://www.kait8.com/Global/story.asp?S=9074799&Call=Email&Format=HTML
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 3:27 pm |
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Late Morning Update: Day 2
Thursday, September 25, 2008
First off, I want to clarify something that several folks have commented on. Judge David Burnett is overseeing this hearing, and was the judge who oversaw the orginal trial proceedings back in 1994. I also mentioned Judge Dan Stidham in some of my writing. Stidham recently recieved the honorary position of judge, but during the 1994 West Memphis Three trials was the lead attorney representing Jessie Misskelley. Stidham is not the judge overseeing the Rule 37 hearings, but may be called as a witness as these hearings continue over the next few days. Also to answer the question posted by another viewer, Jessie Misskelley Sr. is only frustrated with Judge David Burnett, and did not make any comments about Stidham.
With that being said, things continue in the courtroom as private investigator Ron Lax continues to talk about his involvement. He noted that during the trials, information obtained from his investigations was mostly shared by the Misskelley and Echols defense teams. Baldwin's attorney Paul Ford said yesterday that he didn't want to use this information due to efforts to keep their trial seperate of Echols as much as possible.
Outside the courthouse during our morning recess, I talked with Baldwin's brother who told me he's lost a lot over the last 15 years, and went on to say that what concerns him the most is that the real killer is still out there somewhere.
Court will be recessing for lunch in the next few minutes. I will have another update this afternoon around 2:00 p.m. as things pick back up after lunch. We will also have much more on this story tonight in my live reports on Region 8 News at 5 and 6.
Will Carter
Region 8 News Reporter
Posted at 11:44 AM
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12377
Location: Kentucky
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