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Obscuregawdess
 Posted:
Thu Sep 25, 2008 3:27 pm |
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Continuing Coverage: Day 2 Afternoon Update
September 25, 2008
Welcome back. It's now about 2:00 in the afternoon. Both the state and the defense continue to question private investigator Ron Lax. As far as statements in the courtroom are concerned, only one has really jumped out at me in the last while. Mr. Lax was asked if he felt like, based on a typical capital murder case, that he did enough as far as his own investigation of the West Memphis Three is concerned. He replied no, that he did not feel like enough was done.
While Misskelley was quick not to talk to us this morning, his father said that they talk frequently about the future saying, "we don't talk about what happened back then." Jessie Misskelley Sr. went on to say that he stands beside his son's innocence, and that "I've got a list of names of people that saw my son or who were with my son from 8:00 that morning until midnight that night.
We also caught up with Jason Baldwin's brother, Larry who in talking about the last 15 years said, "I've lost my brother. I've lost a lot of time with my brother. I've had to suffer a lot seeing my brother behind bars for a crime he could not have committed."
Currently attorneys are talking to Lax about the extent of his efforts and limitations that were put upon him. Although Lax said several times he approached attorneys of the West Memphis Three because he "knew the boys needed help," he still said repeatedly that he could have done more with more money. When asked he did say that was never asked by the lead attorneys to ask for school records of the boys or to interview potential witnesses.
As testimony continues I will bring you one more update later this afternoon, then my coverage will pick up with Region 8 News at 5, 6, and 10.
Will Carter
Region 8 News Reporter
Posted at 02:27 PM
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 6:31 pm |
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Breaking News: Baldwin Is On The Stand
September 25, 2008
Breaking News: Baldwin Is On The Stand
Moments ago Jason Baldwin was called to the stand to testify on his own behalf. This is the first time we've heard extensive talk from him about what happened 15 years ago. He said," I remember always telling them I was innocent." In talking about himself Baldwin described himself as passive, and someone that "is normally quiet and reserved."
Baldwin also talked about how he was the bigger brother and often took care of his two younger brothers because his mom worked over nights. He also talked about how he wasn't one to fight, and said the one fight he got into in school, he never threw a punch.
In talking about his attorneys he said, "they always asked me about Damien. It was like they thought he was guilty, and I was not." He also said they talked a lot about the guilty and penalty phase a lot. He said he was upset about people calling him a Satan worshiper, and wanted people to testify that knew him better than that.
Baldwin continues to talk about his past and the events surrounding the days of the murders. I will have much more on this developing news at 5 and 6 on Region 8 News.
Will Carter
Reporter
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Sep 25, 2008 8:25 pm |
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Baldwin Takes Stand in Craighead Co. Hearing
Friday, September 26, 2008
Jason Baldwin--known around the world as part of the West Memphis Three--took the stand in his own defense Thursday during the second day of testimony in Craighead County Circuit Court and said he has always maintained his innocence.
Attorneys for Baldwin and Jessie Misskelly are trying to prove their clients deserve new trials. They claim they had ineffective counsel when they were convicted in 1994 of murdering three eight-year-old-boys in West Memphis.
A private investigator testified Thursday that he didn't do a sufficient job for defense attorneys in the West Memphis Three case because he wasn't sure he would get paid.
For 15 years, death row inmate Damien Echols, Baldwin and Misskelley--who are serving life sentences--have been locked up.
The parent of one the boys who were murdered thought for years they were guilty, but now wants them released.
(Mark Byers, Victim Chris Byers' Father) "I believe this is going to be made right. I do not believe Damien Echols will get the death penalty. I believe Jason and Jessie will walk free."
(Melissa Rolufs|WM3 Supporter) "Six people--six kids--lost their lives that day, and three can get their lives back if the justice system will allow it, because they are in there for a crime they didn't commit."
Judge David Burnett said the hearings will resume Monday.
http://www.katv.com/news/stories/0908/556553.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~......
6:22 West Memphis 3 Hearings Continue
Reported by: Cecillea Pond-Mayo, KARK 4 News
Thursday, Sep 25, 2008 @06:21pm CST
Two of the West Memphis 3 appeared in court today. Jason Baldwin and Jessie Misskelley are asking for new trials claiming they did not have adequate assistance during their first trial in 1994.
A private investigator hired to help in the case, Ron Lax, told the judge he did do enough for the case. He claimed he wanted to do DNA testing, but was told there was not enough money. Lax also said there were more witnesses he could have interviewed, but did not for fear he would not get compensated for all the hours he was putting into the case.
Baldwin told KARK outside the courtroom today there were aspects of the investigation he is learning for the first time during these hearings. The hearings are expected to continue on Monday.
Baldwin, Misskelley, and Damien Echols are convicted of murdering three 8 year olds in 1993.
Watch video: http://arkansasmatters.com/media_player.php?media_id=116641
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 1:08 am |
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Ark. man convicted of killing 3 boys takes stand
Friday, September 26, 2008
Ark. man convicted of killing 3 boys takes stand
JONESBORO, Ark. — A man who has spent nearly 15 years in prison after being convicted of killing three suburban Memphis boys took the stand for the first time Thursday, insisting that he was innocent and that his lawyers ignored his alibis.
Jason Baldwin, 31, said he told his lawyers repeatedly during his 1994 trial that he wanted to testify about his whereabouts in May 1993 when 8-year-olds Michael Moore, Stephen Branch and Christopher Byers and until their bodies were found in a ditch.
Baldwin said his lawyer Paul Ford "just shrugged me off."
Baldwin was tried along with Damien Echols, and both were convicted of three counts of capital murder. Baldwin received life in prison without parole while Echols was sentenced to death. A third co-defendant, Jessie Misskelley Jr., was tried separately, convicted of murder and sentenced to life plus 40 years.
All three have appealed their convictions. State Circuit Judge David Burnett began a hearing Wednesday on arguments from new lawyers for Baldwin and Misskelley to void the convictions and sentences, based on claims of ineffective counsel during their trials.
Baldwin, who was 16 at the time, said he wondered why his lawyers did not present phone records showing that his mother called him at home on the evening of the killings.
He also said his lawyers did not present evidence of his whereabouts the day the boys disappeared. Baldwin said he was at school that day, mowed his uncle's lawn and played video games at a Wal-Mart store, then went home and took care of his younger brother.
"I would tell them (his lawyers) every time. There are people who know where I was on May 5 and May 6," Baldwin said.
Ford, the lawyer, testified that he was diligent in representing Baldwin. He said he did not believe Baldwin's mother, uncle or others would make good witnesses, even though he believed that Baldwin did not commit the crimes.
http://www.huffingtonpost.com/huff-wires/20080925/boys-slain-hearing/
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 1:10 am |
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Day Two Wraps With Baldwin Testimony
Friday, September 26, 2008
Jonesboro, AR - Will Carter Reports
JONESBORO, AR (KAIT) - It was the first time Jessie Misskelley and Jason Baldwin had appeared in a courtroom together since the 1994 trials.
While there wasn't a lot of interaction between one another, their joined effort for freedom was one that could be felt throughout the courtroom.
"Hey Jessie. Do you have anything you want to say now that you've been watching what's going on inside," I asked. "Do you feel a little bit better about things?" Misskelley replied, "I feel a whole lot better now. The case is still open, and we've got a good chance."
Those words from Jessie Misskelley come 15 years after he was convicted of capital murder. While he had nothing to say when entering the courthouse earlier in the morning, by afternoon even he was holding his head up higher.
His dad, Jessie Misskelley Senior says that's for good reason too, because he says his son is innocent and wasn't even in the area at the time of the murders.
"I've got a list of names of people that were with my son, or saw him from 8:00 that morning until midnight that night," said Misskelley Sr.
And when we asked him about the confession that Jessie Junior made, he said, it was merely a trick by the West Memphis Police.
"They beat him into a confession. They told him if he told them what they wanted to know he could go home," said Misskelley Sr.
Instead Misskelley and Baldwin joined their friend Damien Echols behind federal prison bars.
"I've lost my brother, and I've lost a lot of time with my brother. I've suffered a lot seeing my brother behind bars for a crime he could not have committed. It was impossible for my brother, or Damien, or Jessie to have committed those crimes," said Baldwin's younger brother Larry.
He says while the whole family is frustrated with the legal system, both they and Jason have faith.
"No matter what, if Burnett doesn't do his duty and free him, he's going to be freed by a federal court," said Baldwin.
But before the day was even over, Jason Baldwin would finally get the chance to testify on his own behalf, and while he didn't get to in his 1994 trial, Thursday was a different story.
"I felt I had to do it. It was necessary," said Jason Baldwin.
He went on to say that it was tough talking about the past.
And while not all victims families have moved on and forgiven the West Memphis Three, murdered Christopher Byers father Mark says it's about admitting that you made a mistake.
"One of the hardest things I've ever done in my life is accept the fact of being wrong. No one likes to admit you're wrong. No one wants to choke on crow, and all of the things you've said and done, and realize that you're wrong. I've always learned it took a lot bigger man to stand up and admit his mistakes, than to hide behind a lie," said Mark Byers.
As the proceedings continue next week, only time will tell if a wrong was actually committed within the justice system.
It is unclear at this point if Misskelley will take to the stand or not, but the hearings will pick back up Monday morning, and I will be live with the latest updates throughout the day both on the air and through our live coutroom blog here on kait8.com.
http://www.kait8.com/Global/story.asp?S=9077252&nav=0jsh (<<GOOD VIDEO!)
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 4:55 pm |
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West Memphis convict: I wanted to testify
Friday, September 26, 2008
JONESBORO — Jason Baldwin, one of three men convicted in the 1993 killings of three West Memphis second-grade boys, unsuccessfully urged his attorneys to allow him to testify during his trial 14 years ago, he said Thursday.
Baldwin, 31, said he wanted to let jurors in his March 1994 capital-murder trial know "who I was" and dispel prosecutors ' claims that he was a killer.
"They didn't hear anything from me," Baldwin testified Thursday during the second day of a Craighead County Circuit Court hearing held to determine whether he received adequate legal counsel during his trial.
Brent Davis, 2 nd Judicial District prosecuting attorney, asked Baldwin during cross-examination if he told the judge in the 1994 trial that he was satisfied with his attorneys when that trial was over.
In 1994, Baldwin said, he was.
On Thursday, Jessie Misskelley, 33, attended the hearing in Jonesboro; he will have a similar proceeding to determine his attorney's effectiveness. His new attorney, Michael Bert, said Misskelley and Baldwin will share witnesses.
Baldwin, Misskelley and Damien Echols, now 33, were convicted of the May 5, 1993, slayings of three 8-year-old West Memphis boys. Echols was sentenced to die by lethal injection. Baldwin and Misskelley were sentenced to life in prison.
Misskelley talked briefly with Baldwin in the courtroom before the proceedings began Thursday morning, mentioning Baldwin's weight loss. Misskelley said that the tattoo of a clock with Roman numerals on his shaved head is a reminder of his incarceration. "It's because I'm doing time," he told a reporter during a recess.
On the stand Thursday, Baldwin said his attorney, Paul Ford, systematically denied him the chance to testify.
"I was always wanting to, but he never called me," Baldwin said.
Several witnesses, including his mother, uncle, brothers, Marion schoolteachers and friends, could testify about his whereabouts on the day of the slayings, he said.
He went to school that day, he said, returned to his Marion home and went to West Memphis to mow his uncle's yard. That night, he talked to three girls and his mother on the telephone and then went to bed, he said.
"I told them [his attorneys ] the same thing over and over without any results," he said.
During cross-examination Thursday, Davis asked Baldwin why he didn't complain at the time.
"I tried to let them know that I wanted to testify," Baldwin said. "I thought [Ford ] would tell me when it was time. I thought he'd say, 'Here it comes.' Then it was over." Earlier, Ron Lax, a Memphis private investigator, testified that Echols' defense team couldn't afford an adequate investigation.
Lax wanted to hire a pathologist and a private medical examiner to review autopsy reports from the state Crime Laboratory, he testified, but Echols' lawyers didn't have the money.
"We didn't do nearly enough investigation," he said.
Lax billed the state for more than $ 100, 000 for his investigative services, but the state paid him only $ 7, 890, he said.
The hearing resumes Monday.
http://www.nwanews.com/adg/News/238411/
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 4:57 pm |
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Baldwin hearing set for today
Friday, September 26, 2008
Baldwin hearing set for today
One of the three Crittenden County men convicted for the 1993 murders of three 8-year-old West Memphis boys is scheduled to be back in court today for a hearing in Jonesboro.
Craighead County Circuit Judge David Burnett scheduled hearings on new evidence for Jason Baldwin, who was sentenced in 1994 to life without parole for the murders.
Baldwin will likely be present at the hearing. During an August hearing, Burnett told attorneys that the convicted men would have to be present at future hearings.
In a Sept. 10 ruling, Burnett denied motions from the three men for a new trial.
The three men, known as the "West Memphis Three," requested a new trial on the basis of new crime scene DNA evidence that excluded them and alleged juror misconduct.
Burnett ruled that the lack of DNA evidence to connect the three men to the crime fell "well short" of a claim of actual innocence. Alleged juror misconduct can not be considered under a DNA-testing statute, Burnett wrote.
A hearing for Jessie Misskelley Jr., who was sentenced to life plus 40 years for the murders, is scheduled to begin after Baldwin's hearing. The hearings are scheduled to continue through Sept. 30.
Burnett postponed scheduled hearings for the three men earlier this month.
There is no hearing scheduled for Damien Echols, who was sentenced to the death penalty for the murders.
Echols' attorneys have indicated that they plan to appeal Burnett's denial for a new trial to the Arkansas Supreme Court.
http://www.theeveningtimes.com/articles/2008/09/25/news/news2.txt
Baldwin hearing set for today
One of the three Crittenden County men convicted for the 1993 murders of three 8-year-old West Memphis boys is scheduled to be back in court today for a hearing in Jonesboro.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 4:57 pm |
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Jason Baldwin’s Incredible September Vacation
Friday, September 26, 2008
I'm being facetious of course. To Jason, leaving his prison in Tucker to be transported to Craighead's county jail in order have his first day in court after fifteen years of post-conviction relief motions and appeals probably seems like a holiday: he hasn't worn street clothes, or taken a car trip unless he had a health emergency, or eaten food that was fit for human consumption since he was arrested on June 3, 1993.
And here we are with Jason on his big day out in front of Judge Burnett. Again. Old friends, new friends, family members and reporters… I am ineffective myself for not posting any photos of whippet-thin Jason entering the courtroom because Frzrdr and I were extra late after delivering his snappy threads to the jail house but I will be more effective tomorrow am. And if anyone sticks a TV camera in my face again, I'm running back to L.A. like Flo Jo! There was a very impressive turn-out considering the short notice, including John Mark Byers and his wife, Gail Grinnell (Jason's mom) and his brothers Terry and Matt, Lorri Davis and a national TV producer, miscellaneous supporters as well as Jessie's legal team.
Jason's lawyer, John Philipsborn, was hoping to go through each of the six different claims he detailed in Jason's Amended Petition for Relief filed in May 2008 but Judge B said he would only hear number five: Ineffective Counsel. Therefore the sole witness was Jason's court appointed defender as seen in 'Paradise Lost', Paul Ford.
To read the rest and Lisa's blog, she'll be keeping us up to date: http://www.myspace.com/babalon_working
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 6:30 pm |
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Thanks to Lisa Fancher (one of the 4 that run www.wm3.org)
http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=41045221&blogID=436293142
Day Two- Jason Takes the Stand by Lisa Fancher
Category: News and Politics
Thanks to Lisa Fancher (one of the 4 that run www.wm3.org)
Pre-court, TV producer and I drove out to the Craighead county jail as we found out on Wednesday that Jessie was going to be in court Thursday and needed street clothes asap. All along his Rule 37 dates were supposed to begin Wednesday the 29th but today's witness, Ron Lax, pertained to both their appeals. Since Jason transferred to Tucker, Jessie obviously hasn't seen or heard him but is really looking forward to their reunion, even in these grim circumstances. When Jessie arrived at the courthouse, he ignored the reporters completely like this happens to him every day! I can't see who it is but a male reporter asks Jessie ridiculous questions based on his "confession" in order to get a rise out of him-- Denied!
Mark Byers is waiting in the parking lot with his new pal Stu from Australia at the front of the courthouse. Then I see surprise attendee Jessie Misskelly Sr (I begged him to come see his boy after we found out Jessie would be there today) sauntering through the parking lot at the same cross coordinates as Byers. In case there's any fireworks I rush towards Big Jessie but Byers is too fast for me. They eye each other for a moment and big Jessie says "I've been cussing on you for years!" and Byers' response is "Well I been cussing on you for years myself!" Uh oh. Two seconds later, tops, they shake hands and bear hug one another. That encounter could have gone south quick-like and eclipsed the entire court proceedings but instead it was a Kodak moment. It takes real courage for Byers to admit he was wrong and to publicly support Jason and Jessie, and when he offered his support and shook their hands in the courtroom, they were happy to let bygones be bygones as well.
To read the rest go to: http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=7527858&blogID=436223285
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Fri Sep 26, 2008 8:27 pm |
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Baldwin: Didn’t do it
Friday, September 26, 2008
Baldwin: Didn't do it
by Stan Mitchell
JONESBORO — Jason Baldwin testified for the first time ever in court Wednesday, insisting he did not kill three West Memphis 8-year-old boys in May 1993.
Baldwin, now 31, did not testify at his original capital murder trial in 1994 and stressed Wednesday that he wanted to tell his side of the story but was talked out of it by his then-attorney, Paul Ford of Jonesboro.
Baldwin and his co-defendant, Jessie Lloyd Misskelley, are seeking a new trial under Rule 37, which is a proceeding held after a defendant claims he or she received ineffective counsel from his or her attorney.
Baldwin was sentenced by a Craighead County jury in 1994 to life in prison without parole after he was convicted in the murders of second-graders Michael Moore, Steven Branch and Christopher Byers.
Baldwin's co-defendant, Damien Wayne Echols, received the death penalty for his part in the killings, and Misskelley, whose trial was severed from Echols and Baldwin's trial because he gave police a confession, was sentenced by a Corning jury to life in prison, plus 40 years.
Baldwin testified that on May 5, 1993, the day the three victims went missing, he attended school, then mowed his uncle's lawn.
After mowing the yard, Baldwin testified he and a friend went to play video games at the West Memphis Wal-Mart, and then he walked home.
Asked Thursday if he was involved in the killings of the three young boys, Baldwin responded: "No sir. Never."
Baldwin contradicted Ford, who testified Wednesday that he and his client practiced testifying for his 1994 trial several times.
"We never practiced," Baldwin testified. "I think Paul had my case confused with another one."
During his trial Ford asked him each day if he heard any testimony that he thought would cause the jury to find him guilty, Baldwin said.
"I know now it was my decision [whether to testify at his trial]," Baldwin said Thursday. "Then I really wasn't sure. I told [Ford] I wanted to [testify], but he never called me. He would just ask me if I heard anything today that I thought would make the jury convict me."
Baldwin added that Ford never told him he could not testify during his trial.
"But he just shrugged me off," Baldwin said of Ford. "I was always wanting to take the stand, but [Ford] would redirect me to the question ... 'Did you hear anything today that makes you think they will find you guilty?'"
Baldwin also testified that he questioned why his mother, friends and neighbors were not called to testify on his behalf.
Ford and his co-counsel George "Robin" Wadley did not put on any evidence or call any witnesses to testify during Baldwin's 1994 trial. Ford said Wednesday he did not put on any evidence because he thought the state had failed to prove its case and that he had raised enough reasonable doubt in the jurors' minds that his client would be found not guilty.
"I felt like someone had to testify for me," Baldwin said Thursday. "[The jurors] didn't know me. They didn't hear anything from my family or anyone I was around that day. I was shocked that my family and friends didn't get to testify. I was led to believe that I was going to get to testify, but it never happened."
When asked about Michael Carson, who was in jail with Baldwin in Craighead County in 1994 and testified Baldwin confessed to the murders to him, Baldwin on direct testimony said he did not know Carson.
However, on cross-examination by Prosecutor Brent Davis of Jonesboro, Baldwin admitted he remembered Carson.
"Paul [Ford] said no one would ever believe that guy, don't worry about it," Baldwin quoted his attorney as saying after Carson testified in 1994.
Baldwin claimed he gave West Memphis police a statement on the night of his arrest, but a transcript of the statement was not presented at the trial.
Davis pointed out that Baldwin was arrested about one month after the murders and that his alibi witnesses would be remembering specific events that were more than a month old.
Baldwin admitted he, not his attorneys, made the decision not to ask the jury to consider lesser included offenses — such as first-degree murder or manslaughter — when they began deliberations in the 1994 trial.
As Baldwin's testimony was ending, Circuit Judge David Burnett questioned Baldwin about their conversation after the jury returned with a guilty verdict in 1994.
"Do you remember I asked you if you were satisfied with your attorneys' representation, and you indicated you were?" Burnett asked Baldwin.
"Yes, sir," Baldwin responded. Baldwin was 16 at the time.
He maintained he talked with his girlfriend, Heather, and two other girls on the night of the murders and that if they had been allowed to testify, he would have been found not guilty of the murders.
Ron Lax, a private investigator who owns the firm Inquistor in Memphis, testified that he had an agreement to work with Echols' attorneys but was not hired to assist Misskelley's and Baldwin's attorneys.
Lax said "it was a oversight on my part" when asked why he did not subpoena telephone records that could have shown Baldwin was at home when the three boys disappeared. Lax also testified the defense teams did not have enough money to hire independent experts to conduct "time of death" exams on the boys' bodies. There was some disagreement between medical experts as to when the boys were killed. One expert in 1994 estimated the time of death to be 4:30 a.m., while another testified evidence showed the boys were killed about 8 p.m.
When Misskelley entered the courtroom Thursday morning, he sat at the same defense table in a chair next to Baldwin.
The two men, who had not seen each other in about two years, joked about Misskelley's weight gain.
"You've been eating those honey buns," Baldwin said to Misskelley.
"No, I stopped eating them," Misskelley responded.
"Your belly is poking out," Baldwin added.
The two shared a laugh.
Misskelley said a clock tattoo on top of his shaved head represented him "doing time" in prison.
As Thursday's court proceedings opened, Craighead County Sheriff Jack McCann and Burnett issued a warning to audience members concerning cameras and recording devices inside the courtroom.
Earlier Burnett issued an order barring cameras and recording devices from inside the courthouse. On Wednesday someone took a photograph of Baldwin inside the courtroom with a cell phone and posted the photo on the Internet.
Burnett threatened to jail the person responsible if that person's identity can be determined.
Testimony will resume Monday at 9:30 a.m. Burnett has a scheduling conflict today and had to postpone court until next week.
http://www.jonesborosun.com/story.php?ID=34934
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Sun Sep 28, 2008 8:03 pm |
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Hearing Continuing for Misskelley
Sun September 28, 2008 - Jonesboro
One of three men convicted in 1994 of killing three boys in West Memphis is to ask a judge at a hearing to grant him a new trial.
Jessie Misskelley Jr. and Jason Baldwin say they had ineffective counsel when they were convicted in the 1993 slayings of the three 8-year-old boys.
Baldwin had a hearing last week. Miskelley's portion is to begin Monday. A hearing for a third defendant, Damien Wayne Echols, who received the death penalty, was held previously, and he was denied a new trial.
The three were convicted of killing second-graders Michael Moore, Steven Branch and Christopher Byers.
Echols was tried separately and sentenced to execution. Baldwin and Misskelley were sentenced to life.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
http://www.katv.com/news/stories/0908/557176.html
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Sun Sep 28, 2008 8:04 pm |
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Court is in Recess Until Monday
September 26, 2008
As you may know, there was no court today due to Judge Burnett having a capital murder case to try.
Court will resume Monday and we will continue our ongoing coverage of the events live from the courtroom on this blog.
A phenomenal number of you are viewing this blog and we thank you for doing so! Share the blog with friends and share your thoughts with us in the comments section!
Stan Morris
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Mon Sep 29, 2008 6:45 pm |
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Monday Afternoon Update
September 29, 2008
Good afternoon everyone. Let me first apologize for not being able to get you an update until just now. We can blame it on a good ole fashion lack of technology. Today, when we arrived, we found out we were going to be back in the old courtroom across the street which has no electrical outlets or wireless Internet for us to use. I am currently writing you all on our lunch break from across the street. It's my hopes to do one more update before the news at 5 and 6.
As far as today is concerned, the first person on the stand is the Director of the Arkansas State Crime Lab. He has talked heavily about the fact that the lab was not equipped to do D.N.A. testing at the time of the 1993 murders. Therefore, all D.N.A. testing was conducted by a company called Genetic Design out of North Carolina. At the time of the trials and murders, the executive director, Kermit Channell, was only a forensic serentologist. In testimony he was asked specifically about two samples that were take from two separate pairs of blue jeans. The reasoning for the sampling was to determine if there was any seminal fluid present on those items of clothing. Channell noted that in testing done by the Arkansas State Crime Lab there was a false-positive result that came back because the items were covered in mud and were still damp at the time they were received by the lab.
After several tests from the State Crime Lab, he noted that several items were sent to the D.N.A. testing firm in North Carolina. At this point, things got very technical, as the attorneys and the crime lab director talked about the levels of D.N.A. that must be present to identify it as that of a human or some lower species such as bacteria. This is the first time that D.N.A. has been brought up in the court at all, but in testimony by Channell the level of D.N.A. that was found was very low, which would signify that it was not that of a human. It was also noted that because the bodies were found in a ditch full of water and mud, there was likely a high chance of the samples being contaminated by bacterium.
To make this lesson in forensics make sense, basically it was said that no sperm was found on the samples, which should have been present if any type of sexual act had occurred. Secondly, the mud and other bacteria, while being a contaminant, would not keep scientists from being able to see sperm or from reading a D.N.A. sample from the evidential items that were presented.
Outside the courthouse, Mark Byers, father of murdered Christopher Byers, said he's happy that this was brought up, because now he can rest knowing that the boys were not sexually assaulted. He said he has learned a lot from today's proceedings.
Jason Baldwin's younger brother Larry also said that he believes the attorneys have made some very strong and valid points today, and said "if we had had these attorneys in 1994, my brother would be free."
Upon their arrival at the courthouse this morning I asked Jessie Misskelley about the confession, and what really happened. He replied,"Nothing. It never happened."
At this point, I'm going back across the street to listen in on what's going on. I will try to bring another update as soon as I can. Thank you all for your patience and understanding.
Will Carter
Reporter
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 30, 2008 7:26 am |
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Day Three- Rule 37 Testimony Highlights
The first time a 10 minute recess was called, I asked Jessie how his pants were fitting and he showed me how the bailiffs looped his chains through the belt loops so it actually looked kinda cool, like something Alexander McQueen will be sending down the runway next spring. I asked Jason and Jessie how they were liking being stuck in county jail all weekend long and Jessie said "I never thought I'd say this but I want to go back to prison!" County jail doesn't hardly feed them anything (they remembered this to me when they were originally on trial) and they don't get to bring any of their few creature comforts from prison with them. I don't know what's going on with the court reporter but she uses some cone thing I have never seen before to transcribe the questioning and testimony, aka "Frank Booth" now.
Serologist Kermit B. Channell took the stand first this am. (First we had to find where everyone was, the proceedings were moved to the courtroom across the street!) Misskelley's attorney, Michael Burt, questioned him at length about specific tests he conducted on items Q6 and Q10, which were blue "pants" and blue jeans from two of the victims. Channel's lab notes indicated both pairs of pants were soiled and damp (Q10 described as "very" damp), relevant because even if human (primate) DNA was present, damp samples will grow bacteria very quickly.
Channell said he performed a laser "test" and an AP (acid phosphatase) test on the pants, neither of which are conclusive for the presence of semen to begin with. He claimed he got a false positive for semen on one item but he also got a false positive on the substrate control sample from another area of the fabric. The cloth was also tested microscopically and electrophoretically (P30), neither of which provided a speck of evidence that spermatozoa was present on either of the victims' pants.
At Jessie's trial, Channell testified that he ran two presumptive tests for semen and got positive results (false positive results!) but failed to disclose that his own findings, phone logs and lab notes state "no semen found on any items". Channell next sent the pants cuttings to Genetic Design which handled the Arkansas crime lab's DNA testing because it didn't have such capabilities in 1993. Burt asked whether Dan Stidham ever received Channell's results before the trial— he recalled that Dan did but couldn't recall if he went over them with Dan. We'll see what Dan has to say about that tomorrow, won't we?
Fogleman's closing argument misrepresented and overstated Channell and Genetic Design's Michael DeGuglielmo's conclusions, and one would expect nothing less as the state had absolutely no physical evidence linking Jessie to these murders:
"Now if you'll recall Kermit Channell from the crime lab said that on–in
his tests–on the little boy's pants that he ran screening tests ran one
screening test and it came back positive– positive for semen. He ran a
second screening test– positive for semen. He looked under a microscope
and the pants are all muddy and everything and he couldn't see any sperm
but he had these two positive tests for semen. [FALSE POSITIVES!- LF]
So he sent those cuttings from the pants to Genetic Design in North Carolina
and that was the man from North Carolina. And what did he tell you? We boil it all down --
if I can boil it down -- he tells you that in his opinion the DNA that he
found from those cuttings was from sperm. Did he see any sperm? No.
Because he doesn't look at things under the microscope: His are DNA tests."
Following Mr. Channell was forensic serologist, Dr. Patricia Zajac, who reviewed trial testimony, lab notes and evidence generated by Kermit. Crucial bench notes were M.I.A. Shocker! She said using a laser is hardly a test and that AP is a screening method and not conclusive for semen especially since he didn't test substrate controls that would have explained what material gave him a false positive. She said if Jessie's lawyers had consulted with a forensic serologist, they could have impeached Channell's testimony as his results clearly stated "no semen found on any items." Dr. Zajac also testified that she could not tell if either lab used essential standard methods or substrate controls as they kept no notes if they actually had performed them.
For some reason the necklace that caused a recess and continuance to Damien and Jason's trial is preying on Judge Burnett's mind and he asks Channell to take the stand again to rehash that dead ol' chestnut. It was blood typed and the blood typing matched 11% of the entire world's caucasian population. Judge B gae the state the option of declaring a mistrial for Baldwin and the state elected to drop it as it was "antagonistic evidence." They let it go, Judge B and you should too.
Dan Stidham's then-legal partner, Gregory Crow, was questioned for the rest of the afternoon but his testimony is best combined with Stidham's tomorrow. Stidham was the lead on Jessie's case and Crow's memory regarding the trial is hazy at best-- he stopped practicing law in 1995 and only recently reviewed particulars of the case in order to testify.
Dan Stidham takes the stand all day tomorrow, September 30 and there will be no more hearings this week. Judge Burnett said he may be able to hear more witnesses around October 13 but if that doesn't happen, there probably won't be more Rule 37 hearings for Jason or Jessie until 2009.
PS I am sorry my cell phone adds V****on spam to my pictures!
(Lisa Fancher)
http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=7527858&blogID=437159533&Mytoken=F9516BF2-1B81-4DE5-BD5A562EC7B7335E17777053
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 30, 2008 12:32 pm |
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Misskelley attorney says his counsel underfunded
Tuesday, September 30, 2008
More later!
From Lisa Fancher...watch out for her blog where she will hilight the day.
0930080922.jpg
http://wm3.vox.com/library/post/day-four--dan-stidham-testifies.html?_c=feed-atom
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JONESBORO — One of the public defenders appointed to represent a man convicted in the 1993 slayings of three West Memphis 8-year-olds testified Monday that he believed he didn't have enough money to provide adequate counsel.
Greg Crow, who represented Jessie Misskelley during his 1994 capital murder trial, testified during a hearing in Craighead County Circuit Court to determine the efficiency of Misskelley's attorneys during his trial. Crow said he and co-counsel Dan Stidham couldn't afford to hire some witnesses such as DNA and forensic experts to testify on Misskelley's behalf.
http://www.nwanews.com/adg/News/238846/
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 30, 2008 12:33 pm |
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Misskelley's Former Lead Attorney Takes Stand
September 30, 2008
It is just before noon and at this point Judge Dan Stidham, Misskelley's former lead attorney is on the stand. As I mentioned earlier he said he was young, and he had never dealt with a trial of this nature before. So far in testimony Stidham has talked about the past saying that "innitially I wasn't concerned about money." However, as talk of D.N.A. continued Stidham said during the original trial it was testified that semen was found on two pairs of the boys blue jeans. He said in regards to the fact that there was actuall a false-positive result from the tests of those jeans he actually "needed to obtain an expert."
Court is now recessing for lunch. I will bring you much more of what Stidham has to say after we get back from break.
Will Carter
Reporter
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 30, 2008 8:53 pm |
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Tuesday Afternoon Update
It's now almost 3:00 p.m. and testimony continues with Dan Stidham. While he said he didn't want to down himself, when it came to D.N.A. and the readings from some of the lab results he said, "I was not sophisticated enough to understand that evidence." Stidham also said it never occurred he would have to worry about the D.N.A. related evidence because he said all of his attention was focused on the confession. He said when it came to experts, "I needed an expert on confessions, one on satanic rituals, and one on polygraph tests."
Once D.N.A. was brought up in the trial, however, Stidham said he "failed to recognize how damaging that testimony was going to be." He also struck out fiercely at former state medical examiner, Dr. Frank Peretti saying, "I made a mistake by thinking Dr. Peretti was an unbiased witness." He said from Misskelley's trial to that of Echols and Baldwin, Dr. Peretti's testimony was "so dramatically different, it had to be perjury."
Baldwin went on to say it was several years later before he realized how much he really needed forensic experts at the trial. He said their whole defense was based around the confession, and he thought after Detective Mike Allen testified that he had not read Misskelley his rights when he was taken in for questioning that he would have gotten a retrial under the Rule 2.3 appeal. However, what he says should have been a "slam dunk" move didn't turn out so well.
Stidham is now talking more about psychologists and Misskelley's mental capacity at the time.
I will have much more later this afternoon and a complete wrap up on the news at 5, 6, and 10.
Thanks for reading the West Memphis Three Courtroom Blog.
Will Carter
Reporter
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Tue Sep 30, 2008 8:54 pm |
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Testimony Continues from Stidham (a.m.)
We pick back up now after our lunch recess. Dan Stidham is back on the stand and testimony continues. He is talking about Jessie Misskelley's mental capacity, and his lack of being able to give a solid confession. He said that in his confession to him, "it was if he wasn't there, and yet he was trying to tell me what happened." Later in his testimony Stidham remarked that Misskelly often referred to the victims only by last name, and it seemed "like he was being fed these details." He also noted that Misspell did not understand what a lawyer was.
In regards to the D.N.A. talk, Stidham said he "didn't realize the significance of it now," when referring to evidence found on two pairs of the victims' blue jeans. Stidham said in court it was testified that there was semen found on the pants. He said it wan not until later that he learned of the false-positive results from those pairs of pants, and therefore he "needed to obtain an expert."
He has also said that as time went on he realized that Misskelley was innocent, even though he wasn't sure at first. He said in a jail house meeting between Misskelly and his dad, Misskelly Jr. told Sr. that he didn't do it. "I thought he just didn't want to admit his guilt in front of his father," said Stidham. But later Stidham said after the prosecution told him of a mistake by the crime lab, he realized that things were changing, and that he needed to change his defense strategy.
He said as time went on in dealing with Misskelly he "began to realize his lack of ability to understand what was going on." And at this point they are talking about Misskelley's mental status and how D.N.A. could have played an affect in the case.
I will have another update shortly.
Will Carter
Reporter
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Oct 01, 2008 2:44 am |
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Former lawyer supports effort for new trial
JONESBORO — A lawyer in 1994 for one of three youths accused of killing three West Memphis 8-year-olds says the judge who presided over his client’s trial — and is now presiding over a hearing on a request for a new trial — had an improper communication with the jury that returned a conviction.
Dan Stidham of Paragould testified Tuesday at a hearing before Circuit Judge David Burnett, on a request by former client Jessie Misskelley for a new trial. Misskelley is claiming inadequate representation at his original trial.
Misskelley and two others — Jason Baldwin and Damien Echols — were convicted in the boys’ deaths. Baldwin is also seeking a new trial, and a request by Echols for a new trial was rejected last month.
Misskelley, Baldwin and Echols were convicted of the May 5, 1993, slayings of second-graders Michael Moore, Steven Branch and Christopher Byers. The boys’ bodies were found the next day in a water-filled ditch near their West Memphis homes, with their hands and feet bound by their shoestrings.
Tuesday’s testimony from Stidham, now a Greene County district judge, supported Misskelley’s claim of inadequate representation before and during his trial. Stidham said he was too inexperienced in 1994 to represent his client properly.
“I had very limited felony-trial experience before the Misskelley trial,” Stidham testified.
He said he had been involved in only one felony trial of any sort before being appointed to defend Misskelley on a capital murder charge.
Stidham said he did not meet the minimum requirements in state law to represent a defendant in a capital murder case. Asked by Michael Burt, Misskelley’s current lawyer, if he was qualified to handle a capital murder case at the time, Stidham responded: “Clearly not.”
He said law partner Greg Crow had even less experience. Crow testified Monday he had never tried a felony case before being appointed to defend Misskelley.
He also said his defense efforts were hampered because he did not have enough money to hire expert witnesses to testify at the trial. “My Visa Gold card literally financed the defense,” Stidham said.
In Burnett’s court Tuesday, Stidham claimed the judge committed error when, as the jury was deliberating, he opened the jury room door and asked the foreman if the group needed lunch. Stidham said the jury foreman told Burnett they were about finished, to which Burnett responded: “You’ll need food for when you come back for sentencing.”
Stidham said the foreman asked what would happen if Misskelley were found not guilty, and Burnett shut the door without answering.
Stidham said he did not make a record of the statement because he thought at the time that his client was about to be acquitted. When he was convicted instead, Stidham said, he was shocked and did not think about putting the incident on the court record for appeal purposes.
“I was not qualified for this case,” Stidham insisted.
Stidham said his client first told him — as he did the police — that he had been involved in the slayings, but later recanted both statements. According to Stidham, Misskelley told him eventually that, at the outset, the teenager thought Stidham was a police investigator.
“Mr. Misskelley said the West Memphis police had threatened him with the electric chair, and he was very, very afraid of the electric chair,” Stidham said.
He said Misskelley’s words were: “’I thought you were the police, and I didn’t want to die in that electric chair.”’
For more information see Wednesday's Arkansas Democrat-Gazette.
This article was published Tuesday, September 30, 2008.
http://www2.arkansasonline.com/news/2008/sep/30/former-lawyer/
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Oct 01, 2008 2:45 am |
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Hearing Wraps Until November
September 30, 2008
I just wanted to make one final quick post. The day ended with Stidham continuing his testimony. As of now, the hearings will be in recess until November 19. This comes due to conflicts with both the attorneys and the judge. Misskelley and Baldwin said while they would like things to move quicker, they are just thankful they are getting a chance. It is still unclear at this time what the outcome of these Rule 37 hearing will actually be. For the latest on the West Memphis Three continue to check out www.kait8.com for details.
I thank you all for reading the blog over the last week, and thank you all also for your support over the last two years. I now finish my tenure here in Region 8, and will be moving along in my career beginning next week. Thank you all for the warm welcome, and for allowing me to bring you the news over the last two years. I know my colleagues will carry on the tradition of bringing quality news coverage to both this story and the many others that will surface over time.
Sincerely,
Will Carter
Reporter
http://www.kait8.com/Global/link.asp?L=343251
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Wed Oct 01, 2008 11:14 am |
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Day Four- Dan Stidham, Joyce Cureton Highlights
Sep 30, 2008 at 9:28 PM Post a comment
The first to testify on day four of Jessie and Jason's Rule 37 hearings was
Joyce Cureton, who ran the Juvenile Detention Center where Jason was locked
up while waiting for trial. She said the boys were monitored by employees
day and night and their every move relentlessly logged for federal and state
records. She remembered Jason at first because his case was so notorious.
She then came to remember Jason because "you couldn't ask for a better kid".
She said he never complained, never demanded anything or went around
demanding to talk to his lawyer.
According to Joyce, Jason pretty much kept to himself and she knew this
because her office was almost across the hall from his room. Blake Hendrix,
Jason's Arkansas attorney, asked her if she remembered Michael Carson and
she did. The court laughed when she described him as a "smart ass" that was
in and out of her facility. Carson was there for about six days during
Jason's stay— three in lock-down as all new intakes are, then on day two of
their alleged acquaintance, Carson claimed Jason confessed though he kept to
himself and NEVER discussed his case. Joyce recalled Jason saying he wasn't
allowed to talk about his case many times, though he did "confess" to her
that he was innocent.
At Jason's trial, Paul Ford didn't call on Joyce testify that Jason was a
model inmate but he did ask Joyce to speak on Jason's behalf during
sentencing. Straight out of "Walking Tall", when Cureton asked if she could
testify, the Sheriff (who also said Jason should never be let out of his
room at juvenile) told her to leave the county and not return until after
sentencing. And she didn't.
Next, and last to testify on day four was Judge Daniel T. Stidham. Even
though Dan was a public defender in Greene county, he was asked to represent
Jessie Misskelley Jr because the Crittenden county public defender, a
Christian, said he had a conflict—he wouldn't represent a Satanist. Stidham
was 30 and had been practicing all of five years. He'd never tried a jury
case, let alone a murder case, and all of them had plead out. Dan wasn't
aware the American Bar Association had guidelines regarding lead counsel in
death penalty cases, let alone meeting these guidelines. (If the same
scenario occurred today, Stidham would have been rejected for a capital case
because he didn't meet minimum public defender standards established in
1997.)
Dan's first step in defending Jessie was buying a copy of the Commercial
Appeal, as his "confession" was leaked by the police or prosecution and
appeared on the front page. Next he had to try to find his client… Then he
had Jessie transferred to Clay County so he wouldn't have to drive hours to
meet with him.
Discovery came slowly and sporadically, disheveled and out of order, as if
to confuse him. He said the legal teams worked in tandem just once—to file a
discovery motion because information simply wasn't being shared with him.
Big shock that Gary Gitchell lied and said he didn't have an FBI profile of
the suspect or suspects, Dan got a copy of it after Jessie's trial was over.
Despite the obvious hindrances of the WMPD and prosecution, he had to
admit—though he did his best to defend Jessie—that his greatest liability
was his inexperience. Having never been provided with Kermit Channell's
bench notes stating "no semen found on any items", he would have hired a
forensic serologist of his own to testify regarding his lab tests and
results. Paul Ford faxed Dan Dr. Peretti's findings that there was no proof
the boys had been sexually assaulted six days before Jessie's trial but he
failed to use it to impeach his testimony anyway.
Stidham and Crow's initial strategy was to have Jessie testify against Jason
and Jessie to get a lesser sentence in light of the fact that he
"confessed." No matter how hard they tried, they couldn't get Jessie to tell
them the time, place, events or circumstances of May 5th the same way twice.
They didn't develop Jessie's alibi witnesses because they figured his case
would never go to trial. In September of '93, they completely switched
strategies because Jessie said he only "confessed" because Gitchell and
Ridge told him he was going to get the electric chair and he was terrified
to die that way. He had always told his father he hadn't done it and when
they realized Jessie really didn't know what happened that day, they
realized in a panic they would have to make their trial strategy one of how
false confessions occur, and disproving everything in said false confession.
Grand errors were made regarding requests for funding experts, not paying
attention to discovery information, and hiring an investigator. Not calling
witnesses they should have, calling witnesses (like Wilkins) they never
should have… Mistakes-- not tactical or strategic in anyone's book. Then
again, Dan got two world-class experts to testify gratis—Dr. Ofshe (who
Burnett neutered completely) and Warren Holmes.
Rule 2.3 will probably haunt Dan the most: Rule 2.3 was a bright line rule
requiring "when a law enforcement officer requests someone to accompany him
to the police station, he shall make it clear that there is no legal
obligation to comply with such a request." The detectives did not tell
Jessie that he didn't have to go with them to the police station. Since the
detectives did not comply with 2.3, Jessie was considered seized and his
rights violated under the Fourth Amendment unless the detectives had
probable cause to arrest him.
If Stidham had raised Rule 2.3 in a timely fashion either pre-trial or
post-conviction, it would have automatically suppressed Jessie's statements.
Without his "confession", Jessie probably would have been acquitted. There
were obviously no grounds to arrest or try Jason and Damien without it.
Michael Burt put Dan Stidham and Greg Crow on the stand to prove Jessie
received ineffective counsel and he more than succeeded. Maybe even
regretfully so.
http://wm3.vox.com/library/post/day-four--dan-stidham-joyce-cureton-highlights.html?_c=feed-atom
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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| Obscuregawdess
Posted:
Thu Nov 20, 2008 6:30 am |
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Dan Stidham Cross by Brent Davis
Thursday, November 20, 2008
State exhibit 3 is a video of Jessie's interview with Dr. Wilkins and Stidham from 12/3/93. Will it go toward proving ineffective counsel? Check back when court adjourns! - http://wm3.vox.com/library/post/dan-stidham-cross-by-brent-davis.html?_c=feed-atom
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12381
Location: Kentucky
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