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yankee-in-france
Posted:
Fri May 23, 2008 10:19 am |
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West Memphis Police Department
Coming Soon
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YIF

Joined: 30 Mar 2006
Posts: 6999
Location: France
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Obscuregawdess
Posted:
Fri May 23, 2008 3:57 pm |
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After the trial...
http://www.midsouthjustice.com/wmpd.htm
THEORY: If police officers are involved in crime, the criminals who they work with would know a lot of information regarding their “dealings” and their criminal behavior. Police officers in turn may aid the criminal if he/she is suspected of a serious crime, such as murdering three children, so that the criminal does not disclose their “dealings” to the public. If this situation arises, it is not difficult to conclude that members of a police department can actively help a criminal get away with a crime and attempt to find another party responsible.
FACT: “Steven Jones, the juvenile officer who’d made the first crucial find in the case – the child’s tennis shoe floating in the water – resigned as a juvenile officer a year after the trials. He moved away from West Memphis.” Source: Atria Books: Mara Leveritt, Devil’s Knot, p. 341, 2002.
FACT: Chief Inspector, Gary Gitchell, of the West Memphis Police Department resigned two months after Damien and Jason’s convictions. He was forty-one years old at the time. He now owns a private detective agency in Memphis, Tennessee. Source: Atria Books: Mara Leveritt, Devil’s Knot, p. 340, 2002.
FACT: Jerry Driver, a “juvenile officer” and also one of the people responsible for making Damien Echols the focus of the police investigation, was placed on administrative leave in February of 1997. An audit of his department found a shortage of nearly $30,000. He resigned from the Crittenden County Juvenile Probation Office the following month. In January of 2000 he was placed on probation for 10 years and was ordered to repay the missing funds at a rate of $241 per month. Source: Atria Books: Mara Leveritt, Devil’s Knot, p. 341, 2002.
(Link to a newspaper article covering the story)
FACT: When the murders happened in 1993, the Arkansas State Police was investigating several members of the West Memphis Police Department’s “Narcotics Unit.” A state police investigator said that Detective James Sudbury was “leading a higher than normal lifestyle” on his police salary. Guns and drugs were “missing” from the department’s evidence lockers. “Prosecutor Brent Davis, also in charge of prosecuting the case of the West Memphis Three, signed a consent order to terminate this investigation sometime during mid- to late June 1993. There were allegations that he had appropriated drugs and stolen merchandise for their own use.” Source: Atria Books: Mara Leveritt, Devil’s Knot, p. 342, 2002.
FACT: On May 19th, 1993, Detectives Sudbury and Ridge also question sex offender James Kenny Martin. Martin stated that from knowing the psychology of the abuser and being able to step into his shoes, he was certain that “it’s going to happen again, until this guy is caught.” Sudbury responds a few lines down with “If he does this again, he does this again.”
(Link to the 2 pages of the police transcript showing the above statements)
FACT: In March of 1995, The Evening Times reported that six narcotics officers from the West Memphis Police Department were transferred to patrol duties for mysterious reasons. The police chief named it an “administrative move.” “The Arkansas State Police investigated the disappearances of several pounds of marijuana from the narcotics unit’s evidence locker.”
(Link to the newspaper article covering the story)
FACT: On October 12th, 2001, The Arkansas Democrat-Gazette reported that, “Three police officers lost their jobs Thursday after FBI stings revealed discrepancies in the handling of seized cash and falsification of drug evidence, sources familiar with the investigation said.” Detective James Sudbury was one of the narcotics officers who was in charge of the department that was being investigated. He was among the officers that got fired. One of the many indiscretions that James Sudbury was accused of was this, “The sources said Sudbury compromised a criminal case by ordering an officer to throw away the remains of what appeared to be a methamphetamine lab instead of processing the items for fingerprints, the sources said.” The police chief said at a news conference that he had heard from the FBI “that indiscretions in the unit could have occurred as long as 10 years ago.”
(Link to the transcripts of the newspaper articles)
FACT: John Mark Byers was working as a “police informant” during the time of the murders and was on a first name basis with several of the detectives involved in the investigation including, Gary Gitchell, James Sudbury and Bryn Ridge.
FACT: Detective Bryn Ridge lost the blood samples that he took from the Bojangles Restaurant on the day the victims were discovered.
FACT: “Detective James Sudbury was the first West Memphis detective to question Damien. He was also the first person to report Jerry Driver’s suspicions, and present during key interviews with John Mark Byers and Vicki Hutcheson. He was the only narcotics detective whom Gitchell had allowed to participate in the murder investigation.” Source: Atria Books: Mara Leveritt, Devil’s Knot, p. 401, 2002.
FACT: In one of the photos taken of Michael Moore right after the bodies were discovered, his body was wielding what appeared to be a “piece of cloth” in his right hand. This is a crucial piece of evidence, which never made it past this photograph. No one has ever received or heard about this piece of cloth ever since. Source: Atria Books: Mara Leveritt, Devil’s Knot, p. 315, 2002.
FACT: Aaron Hutchison and Vicki Hutcheson are both “convinced that the stepfather, Mark Byers, killed the three boys.” Even under the threat of facing charges of perjury, Vicki Hutcheson stated, “basically I said what the West Memphis Police wanted me to say. The esbat meeting was all their stories. For the first time since all of this went down, I have a feeling of comfort. I feel better. What I did was wrong, and I hate that I ever did it. And I think that, if I had to do it over again, I would let them send me to prison, like they were saying. But back then, I was too scared.” Detective Bryn Ridge was on of the first to question Aaron Hutcheson regarding the murders. Aaron Hutcheson told the police in the first interviews that Mark Byers hated kids and named him as the possible killer. Vicky Hutcheson says that Detective Gary Gitchell had both her and Marion police officer Donald Bray sign an “affidavit of silence” pledging themselves never to mention that Aaron had named Mark Byers as the killer.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 4:02 pm |
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"There was a remarkable lack of physical evidence against anybody." -- Prosecutor John Fogleman
(when asked about the lack of physical evidence against the West Memphis Three - Phoenix Times, 11/14/96.)
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 4:20 pm |
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What's New With The WMPD?
http://www.westmemphispolice.com/start.html
A Message From The Chief:
On behalf of the members of the West Memphis Police Department, I welcome you to our Department’s home page on the World Wide Web. We are excited to be able to present our agency via the Internet to members of our community as well as visitors from around the world. The West Memphis Police Department is committed to making our community the best place possible to live and work. We accomplish this by forming partnerships with our citizens and businesses. While enforcement of the law is an important tool in providing public safety services to West Memphis, we believe that it is essential that we have an organizational philosophy, which emphasizes the prevention of crime. This includes solving problems, which breed crime and generally detract from the quality of life in our community.
Our mission is to improve the quality of life in West Memphis by working together with all citizens to preserve life, maintain human rights, protect property and promote public safety.
To achieve this mission, we commit to these specific values:
We value our members and have confidence in individual initiative and the ability to solve problems.
We value our partnership with the community as a means of identifying and addressing public safety and other quality of life issues.
We value excellence and are committed to continuous improvement.
We value the law and are committed to the protection of individual human rights.
We value diversity among our department members and the community we serve.
We value integrity, fairness and open communication.
We value teamwork and collaboration as a means to achieve organizational success.
We value courteous and respectful interaction with all people.
If you live in West Memphis, we invite you to be our partner in making our community a better place to live. There are numerous ways whereby you can assist our city. Some of these include:
Participating in a Neighborhood Watch.
Volunteering at a neighborhood or youth organization.
Staying informed and getting involved in community issues that matter to you.
Being an observant, caring and considerate neighbor.
If you do not live in West Memphis, I strongly encourage you to become active in your community and to work with your local law enforcement agency to enhance the quality of life of your community.
We sincerely hope you find this effort beneficial and we invite any suggestions or comments you may have.
Sincerely,
Robert Paudert
Chief of Police
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The subject pictured above is wanted for the November 28, 2002 robbery of the Flash Market at 700 North Service Road in West Memphis.
The unknown black male subject entered the Flash Market shortly before 12:30 AM, pointed a large, semi-automatic handgun at the cashier, and demanded the money from the cash register.
There was another unknown black male with this subject. Both of them fled the scene in a four-door, silver or gold Honda or Nissan car.
If you have any information about this crime, please contact Crime Stoppers. If your information leads to an arrest, you could receive up to $1000.
(This was almost 6 years ago and the only one on their most wanted list. I think they should be trying to find the killers of thoe little boys. Of course, he/she/they could be anywhere by now!)
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http://www.westmemphispolice.com/start.html (Submit a Crime Tip)
I've got a few tips for them.
Call (870) 732-4444 for CRIME STOPPERS
Q. What is Crime Stoppers?
A. Crime Stoppers is information that helps prevent or solve crime.
Do you have information that may help solve a felony crime? Contact Crime Stoppers. We won't ask your name. If your information is good, you'll be given a unique code number. If your information helps get a suspect arrested and charged, you can use that code number to collect a cash reward of up to $1000.00.
All information given to Crime Stoppers is kept confidential.
Contact Crime Stoppers to help law enforcement solve:
Murder
Aggravated Assault
Sexual Assault
Robbery
Business Burglary
Residential Burglary
Felony Fugitives
Felony Theft
Illegal Narcotics
Auto Theft
Other Felony Crimes
Crime Stoppers is operated by citizens who serve on the board of directors, volunteer on committees, and primarily by those who contact us with tips on criminals. You can support Crime Stoppers with a donation. Donations are tax deductible. Mail your contributions to:
Crittenden County Crime Stoppers, Inc.
P.O. Box 1572
West Memphis, AR 72303
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Career Opportunities
The West Memphis Police Department is accepting applications for full-time and reserve police officers year-round. Applications are available for download.
Requirements For Position of Police Officer:
Must be a citizen of the United States.
Must have a high school diploma or GED equivalent.
Must be at least 21 years of age.
Must possess a valid Arkansas driver's license.
If you meet these requirements, you may complete an application. Click here for information on how to obtain an application. You must include copies of the following with your application (none of the copies are returnable):
Proof of US citizenship.
High school diploma or GED.
Certified birth certificate.
DD Form 214 (if applicable).
Driver's license.
Authorization for release of personal information form.
Personal inquiry waiver form.
Standards and training personal history statement.
To be considered for employment, you must complete:
1. A criminal history and driver's license check that does not reflect the following:
a. Convictions of a felony offense.
b. Convictions of a misdemeanor offense of battery or domestic battery.
c. Convictions of driving under the influence (DWI) within seven (7) years preceding the date of application, or more than one conviction at any time.
d. Convictions of the use of illegal narcotics/marijuana.
e. Convictions of or guilty pleas to three (3) or more moving traffic violations within one (1) year.
2. Physical agility test.
3. Written test.
Evaluations will be documented on the appropriate forms and retained in the applicant's personnel file for a minimum of one (1) year. Said documents shall be utilized as a resource documents when considering the applicant for employment. Any applicant who fails the prescribed test will be allowed to retake the test if the positions are not filled.
After the above elements have been performed, a thorough background investigation will begin. Selected applicants must:
Have uncorrected vision of 20/100 corrected to 20/20 or better.
Have an oral interview with members of the West Memphis Police Department.
Pass a physical.
Pass a psychological examination.
Be within normal limits of general substance abuse testing (drug screen).
Physical Agility Test
Applicants should wear physical training attire and tennis/running shoes. The physical agility test consists of the following:
1. Push-Ups. The applicant will be required to complete a minimum of 20 push-ups, to the prescribed standard, within one (1) minute.
2. Sit-Ups. The applicant will be required to complete a minimum of 20 sit-ups, to the prescribed standard, within one (1) minute.
3. Agility Run. The applicant will be required to complete the agility run, to the prescribed standard, within 90 seconds.
4. One Mile Run. The applicant will be required to complete a one (1) mile run in 12 minutes or less.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 4:58 pm |
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Corruption In Arkansas?
FBI chief touts investigation into West Memphis corruption
Posted by Mara on Friday November 10, 2006
A high-ranking FBI agent in Arkansas recently cited his office’s work in combating public corruption in the West Memphis area. In announcing the creation of a new FBI hot line for reports of public corruption, Bill Temple, the agent in charge of the Little Rock office, noted that several police officers there had been convicted of crimes. Temple said evidence of the illegal activity was uncovered in an FBI sting called “Operation Gold Road.” In recent years, officers for the West Memphis Police Department and the Crittenden County Sheriff’s Office have been tried on charges relating to the illicit confiscation of drugs, money and other property during traffic stops on the highways that intersect West Memphis.
Temple said public corruption is, by nature, “a hidden crime,” because it may involve a closed circle of subjects. He said that anyone with knowledge of public corruption could call the Little Rock FBI office at (501) 221-8200, or report it online at FBI.gov, and remain anonymous. “The vast majority of public officials in Arkansas are honest, and they serve their communities well,” Temple said. “But even a small percentage of corrupton at any level of government is unacceptable and is damaging to our public institutions.
http://www.maraleveritt.com/news/FBI%20chief%20touts%20investigation%20into%20West%20Memphis%20corruption
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 5:01 pm |
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West Memphis, Ark., Police Officer Pleads Guilty
To Felony Civil Rights Charge
By Kari Livingston, published Jul 24, 2007
In yet another blow to West Memphis, Ark., law enforcement, former Crittenden County Sherriff officer Shannon Houchin pleaded guilty Monday in federal court to a felony civil rights charge.
The charges stemmed from a May 2006 incident in which Houchin assaulted an arrestee while at the Crittenden County Detention Facility. Houchin faces a prison sentence of up to 10 years and a fine of up to $250, 000.
The case was investigated by the Federal Bureau of Investigation and the Civil Rights Division of the U.S. Department of Justice. Wan J. Kim, Assistant Attorney General for the Civil Rights Division said, "It is unacceptable for law enforcement officials to willfully abuse those committed to their custody. The overwhelming majority of correctional officers dispatch their difficult duties with honor and professionalism. The Justice Department will aggressively prosecute those who cross the line and violate federal law."
The guilty plea is the latest in a long line of problems for the West Memphis law enforcement community. Last month, Sgt. Erik Sammis of the West Memphis Police Department shot and killed 12-year-old DeAunta Farrow after claiming to see a gun. Farrow's mother said that he was carrying only chips and a soda. Sammis and another officer were on an unrelated stake-out. The case has drawn the attention of civil rights activist Rev. Al Sharpton. A special prosecutor has been named to investigate the shooting, and the FBI has taken over the investigation into the shooting. Public outrage has continue to grow and citizens organized a "No Buy Day" boycott of West Memphis businesses.
Since the name of the officer involve in the shooting has become public, other allegations of abuse against Sammis have come to light.
Sammis was one of the officers involved in a lawsuit scheduled to go to trial next summer, where an elderly man claims he was assaulted during a meth lab bust. Three other lawsuits against Sammis have been filed.
http://www.associatedcontent.com/article/325229/west_memphis_ark_police_officer_pleads.html
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 5:14 pm |
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taken from an article w/ Aaron Hutcheson & mom
http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=2707a60b-b5d2-42d3-999e-0577590f8a9a
She says Detective Gary Gitchell had both her and Marion police officer Donald Bray sign an "affidavit of silence" pledging themselves never to mention that Aaron had named Mark Byers.
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Though employees at Bojangles cleaned up the mess later that night, West Memphis police did find blood samples when they finally investigated a few days later. That evidence, however, was lost by the West Memphis Police Department.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 5:43 pm |
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Gary Gitchell
DIRECT EXAMINATION OF GARY GITCHELL BY MR. JOHN FOGLEMAN
My name is Gary Gitchell and I am an inspector, of the criminal investigative division of the West Memphis Police Department. I decided to search teh lake based upon a suggestion that Mr. Fogleman made if I had thought to do that or not. And based on his suggestion, we did that. But, it was not based on any crimestopper's tip. (TR 2033) Okay. Now I want to show you what has been -- I guess it's been introduced as Defendant Echols Exhibit Six, and ask if you might look at that.
MR. PRICE I think we just identified that. I don't know if it's been introduced. It can be, certainly introduced at this point.
MR. FOGLEMAN: Okay.
Defendants Exhibit Six, I recognize it. I am familiar with this knife. And you can identify it? On the knife, I have a date on which I received the knife. I also have the E number, which is the evidence number which I gave the knife, and then also my initials are on it. I received that knife January the 8th, 1994. And upon receiving that knife I in turn sent this knife to Genetic Design. Located in North Carolina. It is a normal procedure to send items to the Crime Laboratory? (TR
[406]
2034) I deviated from the normal procedure in this case because I saw what I thought to be a --some type of substance on the knife, I did not know what it was. It has been our practice during this case to send items to Genetic Design, so instead of going to the Crime Lab, I just sent it directly to Genetic. We were just talking about a matter of days because we were waiting for an analysis report on the knife before the court trial. Well it usually, it took several weeks to get information back we needed this information before the Misskelley trial. And it was on the 26th that I was able to talk with Mr. Byers about the knife. I received it from Joe, and the people with HBO. (TR 2035)
MR. FOGLEMAN: All right. I don t have any further questions at this time. your Honor, we do need to approach for a minute.
(THE FOLLOWING CONFERENCE TOOK PLACE AT THE BENCH OUT OF THE HEARING OF THE JURY)
MR. FOGLEMAN: One thing that I failed to mention earlier was we would also at this time object to going into any hearsay statements of Mr. Byers.
THE COURT: Well, I'm going to sustain that, any hearsay.
MR. PRICE: But that wouldn't prevent me from asking Mr. Gitchell if he asked Mr. Byers certain questions, which would not be hearsay.
THE COURT: Well, sure it would, it'd be hearsay.
MR. PRICE: If I ask Inspector Gitchell if he asked Mr.
[407]
Byers, the answer would be hearsay but his question would not be hearsay.
MR. FOGLEMAN: It's still an out-of-court declaration.
MR. PRICE: Judge, I can ask the inspector if he asked this question. (TR 2036)
MR. FOGLEMAN: For what pur --what's the relevance?
MR. PRICE: The relevance is the fact that he asked Mr. Byers questions about the knife.
THE COURT: Like what?
MR. PRICE: Do what?
THE COURT: Give me an example of a question on that.
MR. PRICE: Did he ask Mr. Byers, what kind of knives do you have?
MR. FOGLEMAN: What is the relevance of that, Judge?
MR: PRICE: The relevance is he was asking him about this particular knife, and they just got the report back. It was DNA blood matching Mr. Byers, and he was asking him. I can ask him the questions, if you've ever taken the knife hunting, or did you use it just recently prior to giving it to him.
MR. FOGLEMAN: Your Honor, I can understand him after--if Mr. Byers testifies, after Mr. Byers testifies if he says something different that's what in the statement.
THE COURT: I think you need to call Mr. Byers.
MR. PRICE: Judge, I can ask Inspector Gitchell did he ask him a question.
MR. FOGLEMAN: There's no relevance to what questions he
[408]
asked anybody.
MR. DAVIDSON: I think it's relevant because it shows (TR 2037) he was questioning him as a suspect, and he
MR. FOGLEMAN: But that's not relevant. You could go through a hundred people that they questioned.
MR. PRICE: I'm not gonna go through a hundred people, I'm gonna go through--this is it. All I'm asking is his questions, not his answers.
MR. FOGLEMAN: Your Honor, what they're trying to do is to somehow lend credence to their theories because the police investigated somebody. They're trying to lend credence to their theory that Mr. Byers had something to do with it simply because he asked questions.
THE COURT: I'm going to rule it's hearsay. This is an out-of-court statement.
MR. PRICE: The out-of-court statement is Mark Byers response by-Inspector Gitchell's.
THE COURT: No, no, no.
MR. PRICE: I'd like to make a proffer at this time.
THE COURT: Okay.
MR. PRICE: Out of the presence of the jury.
(RETURN TO OPEN COURT)
THE COURT: All right, ladies and gentleman, I need you to step back into the jury room for a few minutes. Again, you're not to discuss the case until it's submitted to you.
(JURY LEAVING THE COURTROOM AT THIS TIME)
(TR 2038)
[409]
MR. PRICE: Judge, before I begin the proffer, as further argument, it is our position that Mr. Fogleman when he asked Inspector Gitchell if on January 26th he talked to Mr. Byers.
MR. FOGLEMAN: I've not asked that question.
THE COURT: He asked him who he received the knife from.
MR. PRICE: Judge, it's my understanding--if you'd ask the court reporter to read back, I think he asked him did he talk to Mark Byers an January the 26th.
MR. FOGLEMAN: Read it back.
MR. PRICE: I'd ask the court reporter to read it back.
THE COURT: Read it back because that's not what I recall.
THE REPORTER: I don't know if this is where you mean but the answer was, (reading) it took several weeks to get the knife--to get the information back, but we needed this information before the first trial we had had the Misskelley trial. It was on the 26th that I finally was able to talk with Mr. Byers about the knife. And the the question, who did you receive the knife from.
MR. PRICE: And it was on January 26th that I was finally able to talk to Mr. Byers about the knife.
MR. FOGLEMAN: That was the answer, not the question.
MR. PRICE: But by asking the question, and giving (TR 2039) that response that opens the door for me to ask these questions.
THE COURT: It's still hearsay. I don't have any problem with you calling Mr. Byers to the stand, and asking him
[410]
anything you want.
MR. PRICE: Judge, I submit to you that Rule 801
THE COURT: Well, where is the admission by a party opponent to anything?
MR. PRICE: Judge, the party opponent is the State, the statement is offered against
THE COURT: It doesn't fit, Mr. Price. It's hearsay.
MR. FOGLEMAN: And Your Honor, we would also submit for the record that whatever questions were asked is not relevant. They're simply trying to bolster their case by ...
THE COURT: ... what they're attempting to do is to question, ask him the questions he asked that response would be hearsay.
MR. PRICE: I think the questions, yes sir
THE COURT: Well, what is the relevancy of the question if you're not trying to imply something by the lack of response? Tacit admission, what is it you're (TR 2040)
MR. PRICE: It's the fact that the Police Department was asking a suspect about the blood found on this particular knife.
MR. DAVIDSON: As late as January.
MR. PRICE: As late as January 26th as late as the middle of Jessie Misskelley's trial.
THE COURT: Call Mr. Byers.
MR. PRICE: I also intended to do that, your Honor, but I'd like to go ahead and make my proffer then at this time.
[411]
THE COURT: All right.
MR. PRICE: Thank you.
PROFFER OF EVIDENCE GIVEN BY MR. PRICE
On January 26th 1994, I questioned John Mark Byers concerning that Kershaw knife. Prior to questioning Mr. Byers, I read him (TR 2041) the statements of rights form. I asked Mr. Byer's if he knew of any member of his family whatsoever injuring themselves or cutting themselves with that knife. I asked him did any of his sons ever play with the knife? Officer Ridge was also doing the interview with me. He came in a short time later. (TR 2042) Officer Ridge asked Mr. Byers if he used the knife? And then on page five about five or six questions down. (reading) Did any of your kids, Ryan or Chris, know where that knife may have been. I mean could they have gotten it out? I asked that. All right. The next page, top question on page six. (reading) Gitchell, all right, let me, let me to get you to look at this for identification. this knife I just handed you--was that the question I asked? All right. And then down towards the bottom of the question, and there were several other questions that you asked him in between. (Reading) All right, this is a Kershaw knife. I am reading off the blade, then also off the rubber tape as you described a Packmire grip. It has a description of Cannon City underneath the Kershaw. It spells Kershaw on the other side of the knife blade itself, there's a number 1066, and Japan underneath it.
[412]
It's a knife approximately nine inches long, and it does have serrated edge, is that correct? I asked that. The top question on seven. (reading) okay let me explain a problem we have. (TR 2043) I asked that. And you need to answer this for me. We have found blood on this knife. Yes. And then skipping three or four questions towards two-thirds of the way down. (Reading) okay, all right. Let me, let me go a little bit further and say there is a problem with that. I mean I'm not saying that's not true. The problem is we have sent this knife off, and had it examined, and it has the blood type of Chris on it. I asked that. That's our problem. He gave a response. (reading) why would this knife have his blood, on it. Yes. The top of page eight. (reading) That what scares me. Then there's an inaudible question. (reading) We've had it checked, and it's not animal's blood. It's what's called higher ape, in other words of the ape--human family or category. Yes. And then two three questions later, Ridge asks him. (reading) when was the last time you saw the knife. Yes. And on page nine, four or five lines from the top--or (TR 2044) excuse me four or five lines from the bottom. (reading) I need to account for this blood. Do you see what-he gives a response. (reading) I've got to I've got to ask you point blank, were you around or participated in the deaths of these boys. Witness nods heads. Okay, on top of page ten. (reading) Well, there are other test being run on this knife, and we should--we may have
[413]
the results but right now--well, we've been waiting on them the last several days The responses. (reading) Do you know we had blood taken from Melissa. Do you know we had blood taken from Ryan. We already had yours so that's what we've been trying to see if it could've been--if you have similar blood, we don't know, we don't know if there's a similarity of blood, we don't know. All right, that's all the particular questions in this particular statement.
THE COURT: It'd be my ruling that to allow you to ask the officer if he directed those questions toward a witness or party would be improper, and it would be to allow you to suggest by the questions that there was a response which would've been hearsay. And the replies to those are clearly hearsay. I don't have any problem at all in you calling the person giving the declarant, the person giving the statement...(TR 2045)
MR. PRICE: ... and ask the question ...
THE COURT: ... and ask the question and answer...
MR. FOGLEMAN: Your Honor, first, he's got to--in order to do that, he would have to give some kind of inconsistent statement first.
THE COURT: Well, that's correct. But there's nothing wrong with him taking the statement or asking the question as if it were his own of the witness.
MR. FOGLEMAN: That's true.
THE COURT: He can certainly do that.
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MR. FOGLEMAN: But it wouldn't be proper for him to say, well, Inspector Gitchell asked you this unless the witness gives an inconsistent statement...
THE COURT: ... that's correct. I mean he can take Inspector Gitchell's statement, or his--and ask the question as if it were your own.
MR. PRICE: All right. One moment, Judge.
THE COURT: But until you put him on the stand, it's hearsay. And to allow you to ask the question without the response in the presence of the jury, I don,t know how you characterize it--it's not really a tacit admission. It's inferring that there was some response that--in fact some of the questions even suggest answers but-
MR. PRICE: Correct. That was the question asked him, and this is why when the question was asked by the (TR 2046) State in the presence of the jury earlier, did you talk to Mr. Byers
MR. FOGLEMAN: That question was not asked.
MR. PRICE: Well, there was a question ...
MR. FOGLEMAN: ... but the response...
MR. PRICE: ... his response was, he talked to Mark Byers.
MR. FOGLEMAN: ... he talked...
THE COURT: I don't have any problem with you asking the officer if he had a conversation, and took a statement from the witness, and if he advised him of his constitutional rights. You certainly can ask that in the presence of the
[415]
jury.
MR. FOGLEMAN: your Honor, as part of the proffer, I'd like to ask a question.
THE COURT: All right.
BY MR. FOGLEMAN:
Inspector Gitchell, did you later find from Genetic Design that Chris Byers and Mr. Byers had the same blood type? Yes sir.
MR. FORD: May I ask a question as part of the proffer?
BY MR. FORD:
At the time I asked him these (TR 2047) questions, I had not had the results of the lab yet, and I thought it was necessary to question him about the relevance of this knife. I was trying to determine whether or not Mark Byers was involved in this homicide. The reason I questioned him was because when anyones name would come up, or anything that was questionable then I would go, or one of my investigators and talk with them. It does not mean someone he is a suspect. It's a lead, or information that we must follow up on it to do an investigation properly. Sometimes I give witnesses who are not suspects before we question them, we advise each and every one of them of their constitutional rights, and obtain a written waiver of those rights prior to the questioning? (TR 2048) Asking him for a waiver of his rights was okay, no way an indication on how I thought he might be involved in these
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homicides. That is something that's required by the law that we would have to do. This knife being turned over in the fashion that it was, I thought that would be the best way to handle it. In the event he made a statement implicating himself, I would have a waiver to use that statement against him. (TR 2049) John Mark Byers and Christopher Byers did have the same DO Alpha type. As best as I understand on all, they have the same blood type as part of it. Based on the report that the gentleman from DNA sent me. All right. Now, but it is also true that the DNA lab attempted to do an additional test D1980 test, and on the D1980 test John Mark Byers and Christopher, that DNA when tested further is different.
MR. FOGLEMAN: We agree with that, your Honor, we'll stipulate to that.
MR. PRICE: Judge, this concludes my proffer.
MR. FORD: Your Honor, may I inquire as to whether or not the question I asked Mr. Gitchell are proper before the jury in light of--I'm trying to determine what--about whether or not he was trying to determine if John Mark Byers was involved in th e homicide, and whether the reason he gave him the State's waiver of rights was in (TR 2050) the event he made a statement implicating himself that he would be able to use that statement against him would be proper before the jury.
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MR. FOGLEMAN: Well, Your Honor, we can pull out the hundreds of other people that this officer advised their rights, and go through each one of those, and say, did you talk to him, did you advise him of his rights, and --
MR. FORD: But, Your Honor, they didn't open the door to those people. They opened the door to this one. And I think that's--since he's opened the door to his questioning, can I inquire of him as to why he gave him that waiver, and was--I'm asking are those questions proper.
THE COURT: You want to ask, and I've already said that Mr. Price could ask if he took a statement from him, and did he advise him of his rights before he took this statement. And you want to follow that up with by advising him of his rights, did that mean that you considered him to be a suspect in the crime, is that what you're saying?
MR. FORD: No, I'm asking him was the reason that he--I want to ask him was he trying to determine at the (TR 2051) time of taking this statement whether Mark Byers was involved in this homicide. And I also want to ask him, was the reason that he gave this rights waiver form was in the event a statement was made during the interview that implicated Mark Byers, he could use that statement against him because the waiver had been already signed. I want to ask him those questions because I think the jury's also entitled to know the reason that a rights waiver form is obtained.
THE COURT: Because of ...
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MR. FORD: ... well, Your Honor, they don't ...
THE COURT: I guess.
MR. FORD: But you do not have to advise someone of their Miranda rights when they are not--this is not an in-custodial interrogation. You do not have to advise an officer--an officer does not have to advise a potential witness of their rights. An officer does not even have to advise you of your rights when they stop you on the side of the road for a traffic citation. They have to advise them of their rights when they may use those statements later against them.
MR. FOGLEMAN: your Honor, under the--if you will recall the circumstances where this came up
THE COURT: I recall it. (TR 2052)
MR. FOGLEMAN: Mr. Stidham was insistent on Mr. Byers being questioned because of the circumstances of the knife. And I mean. I think it's for us--to do what's necessary in the interest of justice to pursue everything in case there would be something exculpatory. On the possibility, the mere chance there might be something there, it's pursued. And then for them to turn around and cram it down our throats because we're trying to do what's right, I think it's improper as putting an officer up there and saying, when you talked to Jason Baldwin, and advised him of his rights, you know, why did he refuse. Does that mean they're guilty?
THE COURT: I'm not going to allow you to do that.
MR. WADLEY: You know, there's a reason for that, Your
[419]
Honor...
MR. FORD: ... because he's charged.
THE COURT: All right. look, don't even argue it. I think I'm going to allow you to ask, just like I said, did you take the statement from him, did you advise him of his rights, and why did you advise him of his rights. I think I'll allow that.
MR. FORD: So the questions that I asked
THE COURT: But I'm not going to allow you to go in and just continuously ask the officer about, did you (TR 2053) consider him a suspect, did you--you know, you can ask him why he advised him of his rights.
MR. FORD: We can't ask him if he considered him a suspect?
MR. FOGLEMAN: In fact. Your Honor, as I recall ...
MR. FORD: ...can we not ask him...
MR. FOGLEMAN: we were requested that he be advised of his rights.
MR. FORD: Well your Honor, that Is--- we're in a separate trial, I thought.
MR. FOGLEMAN: What we're talking about is the circumstances under which it's done. You're wanting to ask a question ...
THE COURT: ... you're wanting it simply by asking him if he gave him his rights, did he in his mind believe him to be a suspect of the crime, is that what you're trying to do.
[420]
MR. FORD: I'm not wanting to imply things, I'm wanting to ask him, did he think he was a suspect. I'm not implying anything I'm asking....
MR: PRICE: ... the jury can make up their own mind...
THE COURT: I'm going to allow you to ask that ...
MR. FORD: You can allow me to ask that.
THE COURT: Yes, and if he says no, then you're bound by, that answer.
MR. FORD: That's fine, no problem. (TR 2054)
MR. DAVIDSON: He just said yes though, didn't he?
MR. FORD: he did say yes in some--he said
THE COURT: All right, let's do it.
MR. FOGLEMAN: Well, your Honor, then I intend to ask him why this whole thing went on, and we'll get into Mr. Stidham.
THE COURT: Okay.
MR. DAVIDSON: That's hearsay, Your Honor.
THE COURT: I've heard all I'm going to listen to, I've told you what you can do, and that's the end of it.
MR. PRICE: All right, we'll do it.
(JURY RETURNING TO THE COURTROOM AT THIS TIME)
THE COURT: All right. Court will be in session, you may proceed. (TR 2055)
CROSS EXAMINATION BY MR. PRICE
The knife that I referred to which has been marked for identification purposes as Defendant's Exhibit Number E - 6 is approximately eight and three--quarters inches total in
[421]
length?
That's the knife that I sent to Genetic Design Laboratory to do some testing. It appeared that there was a substance on the knife I sent to Genetic Design it appeared to be possible blood. It actually says that it appears to be possible blood, and another unknown substance on it and in the portion of the knife where the knife is in a closed position. I also asked Genetic Design to determine if the (TR 2056) substance on the knife, if it is animal or human blood.
On January 26th 1994 I questioned John Mark Byers and read Mr. Byers a standard rights form and at the bottom of that, he waived those rights, and agreed to give a statement to me, and he signed the bottom of the form. According to this form it indicates that I read his rights at 9:45 a.m. on January 26th 1994, in Clay County, Arkansas. (TR 2057)
I considered him to be a possible suspect in these homicides. The interview with Mr. Byers was tape recorded and has been transcribed. It began at approximately 9:45, and concluded about 10:10 a.m.
That is a standard process, that's a standard form that we use when we talk to individuals. There have been hundreds of people we have talked to in regards to this case, so this was a standard investigative process that we used at that time. Not each and every time that the West Memphis police Department talked to an individual about this case did I read them their rights prior to questioning. On some occasions I
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would start talking to an individual, and then at some point during the conversation read them their rights, and continue taking conversations.
CROSS EXAMINATION OF GARY GITCHELL BY MR. FORD
I have been the head honcho of this entire investigation, I have overseen, and have been in charge of it from the time the bodies were found (TR 2059) up until the present moment.
REDIRECT EXAMINATION OF GARY GITCHELL BY MR. FOGLEMAN
This took place at the Clay County, during the trial of Jessie Misskelley. In the Courthouse. All right did Mr. Misskelley's lawyer have anything to do with that?
MR. DAVIDSON: Objection, Your Honor. That calls for hearsay statements.
MR. FOGLEMAN: Well, Your Honor. They asked him about did they consider him a suspect.
THE COURT: Well, overruled. I think the question so far is permissible.
THE WITNESS: It was at Mr. Stidham and Crow's insistence that we speak to Mr. Byers. (TR 2060)
MR. DAVIDSON: That's hearsay, Your Honor.
MR. FOGLEMAN: Your Honor, it's not for the truth of the matter of what was stated but rather that it was stated.
THE COURT: I'm going to allow it, overruled. I was simply investigating every possibility.
THE COURT: Anything else? Is that all you need him for?
MR. PRICE: Just a minute, Judge. No other questions at
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this time, Your Honor. we may need to recall Inspector Gitchell later.
(WITNESS EXCUSED)
http://www.wm3.org/live/trialshearings/abstracts.php?abstract_Id=16&page=5
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 5:44 pm |
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-- Gary Gitchell, West Memphis Police Chief of Detectives
http://www.zoominfo.com/people/Gitchell_Gary_2062980.aspx
1. www.jivepuppi.com
www.jivepuppi.com/jivepuppi_th - [Cached]
Published on: 11/3/2007 Last Visited: 11/3/2007
Officers and volunteers had covered the area where the bodies were found several times before discovering the bodies in the water, [Inspector] Gitchell said. "That area where the boys were found was saturated hard and heavy that morning and even the evening before," he said. [West Memphis Evening Times, May 7, 1993]
...
According to Gitchell, this area had been well-covered already during the search efforts, although he attributed the discovery to one of his officers. "One of my men noticed a shoe. Being inquisitive, he jumped in the water and started feeling around," Gitchell explained.
...
Hester radioed for Inspector Gary Gitchell.
...
So it's probably the most relaxed atmosphere that we have in the police department. [Gary Gitchell, Misskelley trial]
She continues to work for the West Memphis Police. 2. GoMemphis: Local
www.gomemphis.com/mca/local_ne - [Cached]
Published on: 4/21/2002 Last Visited: 4/22/2002
The chief investigator in the case, West Memphis Police Inspector Gary W. Gitchell, said he will retire from the department after 20 years of service and plans to go into public relations or corporate security.
Asked if a useful message has come of the 10-month ordeal and the successful prosecution, he stated simply, "You better get to know your kids."
Caption: 3. WM3.org - Evidence Analysis
www.wm3.org/live/evidence/evid - [Cached]
Published on: 11/14/1996 Last Visited: 12/9/2007
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 5:46 pm |
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Gitchell?
GARY W. GITCHELL
ARLINGTON
(901) 213-9700
MEMPINK@AOL.COM
http://www.taionline.org/directory_members.asp
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 6:19 pm |
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-The Police Log-
http://www.midsouthjustice.com/Chronology8.htm
THEORY: The police log is either incorrect or a falsification. If the police log is in error, it could have been written after the night of the murders since the daily routine of such a document can become tedious and cumbersome which would account for the mistake in time. However, given the history of corruption in the West Memphis Police department, it is likely that the police log is a falsification. It could be a rewritten log with the intention of confusing the events of time.
It is not that difficult to conclude that there may be a connection between the “gunshots” that Ryan, Brett, Robbie, and Richie heard in the Robin Hood Woods at 9:10 pm and the bleeding man in the Bojangles Restaurant half a mile away at 9:30 pm. Certain detectives may have deliberately covered up this crime in order to protect their ‘drug selling operation’ that included the real killer(s). This police log may have been another way to cause confusion for an outside party attempting to piece together the crime.
FACT: Officer Regina Meek, who took the call to the Bojangles restaurant, testifies that when she received the call, she drove directly to that location. She testifies at the Echols trial that it took her “less than 5 minutes” to make the route. According to Officer Regina Meek: “I was on Barton, I went Barton across 7th Street to Glen Bailey - Glen Bailey to Missouri Street and made a right.” The map below shows the route Officer Regina Meek took according to her testimony in court. However, this testimony contradicts the police log, which shows Officer Regina Meek calling in a license plate number at 8:44 pm on South Avalon Street almost 4 miles away.
(Link to the entire testimony of Regina Meek at the Echols trial)
FACT: The police log entry at the top of the page shows that at 8:44 pm, Officer 256 (Regina Meek) was taking a license plate number of a locked Chevy Van, IL # 397501 on South Avalon. The map below shows the exact location with a star of Officer Meek when she made the call on South Avalaon. The POLICE LOG CONTRADICTS OFFICER MEEK’S STATEMENTS IN COURT REGARDING THE ROUTE SHE TOOK WHEN SHE WAS CALLED TO THE BOJANGLES RESTAURANT. According to the police log, Officer Regina Meek would have received the call to the Bojangles restaurant, then driven to South Avalon, almost 4 miles away, then noticed the van, then read the license plate, then called in the license plate from a Chevy Van, IN JUST 2 MINUTES. THEN she went to the Bojangles restaurant and arrived 6 minutes later. However, Officer Regina Meek clearly states that she remembered taking a direct route to the restaurant (As shown in the map above). Officer Regina Meek also testifies that she called in the license plate on Avalon Street. In her testimony, she seems very confused about the times of the police log. She would have had to speed and furthermore, it would have been impossible for her to arrive at the location at 8:50 pm as the police log entry shows since she was way down on Avalon Street taking the license plate number of a Chevy Van with Illinois plates almost 4 miles away. However, Regina Meek clearly testifies that these two incidents are separate from each other. If the police log is considered to be accurate, it is very strange that Regina Meek would drive four miles south AFTER she receives the call to the Bojangles Restaurant and it is even stranger that Regina Meek contradicts these events in her testimony.
FACT: Officer Regina Meek testifies on several occasions that she is confused about the times these events took place. At the Echols trial, defense attorney, Davidson, hands Officer Regina Meek the police log and asks the following question. While looking at the police log, Regina Meek testifies in court that the times are incorrect.
Davidson: How long did you go out and look on your own?
Meek: Mmm--several minutes, I received a call somewhere in there--I'm not sure of the exact time on that, but I was called away for a few minutes and then I went back.
Davidson: And do you recall when you were called away? (In reference to the Bojangles call)
Meek: Not when the times are. (In reference to the Police Log she is holding in her hand)
(Link to the entire testimony of Regina Meek at the Echols trial)
FACT: Testimony from the Echols trial of Officer Meek regarding the call she received to go to the Bojangles Restaurant.
Meek: This is 7th Street here. Here's Barton. I was uh--between 14th and McAuly on Barton when I received the call and I was sent over to Missouri Street, which will be right here.
Davidson: So where would--point out where Robin Hood Woods would be--forrest please.
Meek: Ok. Just a second. Ten Mile Bayou, 14th Street, Goodwin--this area.
Davidson: Ok, and from that area uh--you said you were somewhere right around here when you received the call?
Meek: I was on Barton.
Davidson: And what route did you take to go to Missouri Street?
Meek: I went Barton across 7th Street to Glen Bailey--Glen Bailey to Missouri Street and made a right.
Davidson: Could you track that for us and show us how you went?
Meek: Ok. Missouri, here's 7th--where's Glen Bailey? It's broken up. Oh, this map. You can draw Glen Bailey on there, so--(laughs)--it's on, it's a cross street. It used to be Barton Extended. They changed the name to Glen Bailey. It's just straight across it goes between Industrial Park.
(mumbling)
Davidson: Now, how long do you think it would have taken you to get where you were over to this other call?
Meek: I know less than 5 minutes.
Davidson: Less than 5 minutes.
Meek: Even with the traffic lights.
Davidson: Now uh--over on Missouri Street, was there a particular establishment that you were called to?
Meek: Yes sir.
Davidson: And what was that establishment?
Meek: Bojangles.
Davidson: Bojangles?
Meek: Yes sir.
(Link to the entire testimony of Regina Meek at the Echols trial)
POSSIBLE AVENUES TO PURSUE IN ORDER TO PROVE/DISPROVE THE POLICE LOG ERROR: The Operators in the Police Log were Johnson/Holland. One way to ascertain that the police log may be in error would be to compare the handwriting of these two operators during the time of the murders with the Police Log of May 5th 1993. Also, it would be good to ask them if the police log was filled out on May 5th, 1993 or at a later date. The link below shows that the handwriting of Chief Inspector Gary Gitchell is very similar to the handwriting on the Police Log. Furthermore it would be a good idea to question Officer Regina Meek regarding her specific recollection of the night of May 5th, 1993 in regards to the call of the license plate and the routes she took on that night. Marty King also needs to be asked the reason why he testified at the Echols trial that it was 9:30 pm when he was made aware of the Bojangles man. There may be something that Marty King remembers specifically that allows him to recall that exact time.
(Link to a handwriting comparison.)
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 6:46 pm |
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Separate Case with Bryn Ridge testifying
http://courts.state.ar.us/opinions/1996/cr951042.txt
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 6:51 pm |
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Detective Mike Allen In Other Events
Accused felon free after phony fax is found
By Jamie Brockwell
Evening Times Staff Writer
An man charged with burglary, theft and theft by receiving is back behind bars with additional charges today after being released on the authority of a fax sent from McDonalds.
In West Memphis District Court yesterday, Tristian Wilson was set to appear on the docket for a bond hearing on the charges. When he did not appear, Judge William "Pal" Rainey inquired about his release and found that a jail staff member released Wilson by the authority of a fax sent to the jail late Saturday night.
According to Assistant Chief Mike Allen, a fax was sent to the jail which stated "Upon decision between Judge Rainey and the West Memphis Police Department CID Division Tristian Wilson is to be released immediately on this date of October 30, 2004 with a waiver of all fines, bonds and settlements per Judge Rainey and Detective McDugle."
Jail Administrator Mickey Thornton said that these faxes are part of a normal routine for the jail when it comes to releasing prisoners, however, this fax was different.
According to Allen, this fax was a fake. The header of the fax only contained the letters C.I.D. in bold type. It did not have the standard letterhead with the WMPD logo on it.
Allen also added that the detective's name was spelled McDugle instead of McDougal. The detective's name was typed and signed using that spelling at the bottom of the letter.
However, the phony letterhead and misspelling weren't the only clues that the fax was bogus. The time and date stamp at the top of the fax shows that the fax was sent Saturday at 11:16 p.m. from McDonald's on Missouri Street in West Memphis.
Despite the time of night, the discrepancies and the overall look of the fake fax, it was accepted. Shortly after it was received on Saturday, Wilson was released from jail.
Judge Rainey said that this was "off the scale" and issued an order during court to the jail staff to "Find out who accepted this fax from a hamburger joint to let this man out of jail."
Thornton believes that the jail staff is not at fault in this case, and blames the release system and the receptionists at the jail facility.
"It's not the jail's fault. Anytime anybody is released from the jail, a release order comes from the reception area. It came to them from up front. They (receptionists) faxed it back to the jail and then the jail staff released him," said Thornton. "The reception area is making decisions about releasing people. All of the files are up front."
Thornton says that while a mistake was made in this case, it reveals another long standing problem in the system in the county for releasing prisoners.
"It goes back to our big problems about judges setting release orders and temporary bonds. It's a big problem that needs to be addressed. Nobody should be released without a court order," said Thornton.
Thornton said that a court order should be sent from a court clerk on any release, however there are circuit court judges in the county that only offer a phone call to release someone and when it doesn't happen, "they get mad."
Thornton admitted that this situation is an ongoing problem that the jail will have to correct.
"There needs to be a court order on any judge doing anything. It needs to be sent through a clerk. That means yes, you may have to keep someone in jail overnight or maybe even until Monday if it is on the weekend, but it needs to be changed to keep this from happening," said Thornton.
On a brighter side to the jail foul-up, after Rainey discovered the man had been released in error, the West Memphis Police Department went to Wilson's home at 507 South Avalon number 6 in an attempt to locate him. Not only did they re-arrest Wilson, but the items they found in his home linked him to other burglaries in the area.
"We did recover items from numerous burglaries at his home when we arrested him. There were several items in plain view from the Delta Ice House and Evening Times burglaries along with items from several other business burglaries which all occurred within a short period of time," said Allen.
Because of the findings, Allen said that several local burglaries have been solved and that Wilson will receive additional charges.
http://www.theeveningtimes.com/articles/2004/11/04/news/news5.txt
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Fri May 23, 2008 9:39 pm |
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Tony Anderson Speaks
(former WM cop on 1993 investigation)
Part 1: http://youtube.com/watch?v=LI-lXzoFpIk&feature=related
Part 2: http://youtube.com/watch?v=6IwiQUZlVFY&feature=related
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Sat May 24, 2008 11:52 am |
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This is for anything about the WMPD, whom I believe to be as corrupt as they come. Grrrrrrr!
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Sun May 25, 2008 12:49 pm |
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Statements From The Crooked Cops
"There was a remarkable lack of physical evidence against anybody."
DA John Fogleman ~ (11/14/96 ~ Phoenix-newtimes.com ~ M.V. Moorhead)
"You've got a lot of circumstantial evidence is what you've got. There's no smoking gun. This is not a smoking gun-type-case."
Chief Investigator Gary Gitchell ~ (8/10/00) ~ salon.com ~Stephen Lemons)
"There was a lack of physical evidence to tie anyone or anything to the crime scene." ~ DA John Fogleman ~ (8/10/00 ~salon.com ~ Stephen Lemons)
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Sun May 25, 2008 1:14 pm |
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Det. Charlie Dabbs
http://westmemphisthreediscussion.yuku.com/topic/2293
Charlie Dabbs
--------------------------------------------------------------------------------
OFFICER'S FIELD INVESTIGATION REPORT
On Thursday night on June 3, 1993 at approximately 8:30 or 9 p.m., I detective Charlie Dabbs, Detective Tony Anderson from the West Memphis Police Department and Sergeant Tankersley with the Crittenden County Sheriff's Office, after obtaining a Consent To Search form signed by Jessie Misskelley, escorted Jessie Misskelley and his wife to their residence.
We went in and secured the residence until the search and evidence team arrived. While sitting in their living room for approximately two hours, and during conversation Mr. and Mrs. Misskelley talked about different incidents. During the conversation, Mrs. Misskelley got to talking about how Jessie Jr. was waking her up at night crying and having nightmares. Every time she went into his room he would be crying hysterically and he would tell her it was because his girlfriend was moving away. She told us it happened a number of times, and that she could not believe his girlfriends' moving would cause that kind of hysterical behavior, but that little Jessie had been acting strange.
Det. Charlie Dabbs
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Mon May 26, 2008 4:21 pm |
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5/17/94, Gitchell resigns job as head of detectives
Gitchell resigns job as head of detectives
West Memphis Police Department's chief of detectives, Gary Gitchell, has resigned from his position, Mayor Keith Ingram confirmed this morning.
Despite reports from several sources that Gitchell had resigned, Police Chief Bobby Sanders said he had not received a letter of resignation. Gitchell is on vacation until further notice, Sanders said.
But Ingram said this morning Gitchell met with him last week, and although Friday was his last day on the job, he will remain on the payroll for several months until his accrued leave time is used. He confirmed Gitchell had left to take a position with a private security agency in Memphis.
"I don't know what his intentions are," the Sanders said. "I don't know if he's coming back, and I don't know if he's leaving. I have not gotten one thing in writing."
"I'm sure he's got something on his mind, but what it is, I don't know."
Sanders said Gitchell was on vacation "until further notice."
Gitchell, whose home telephone number is unlisted, could not be reached for comment. Attempts to reach his wife, Suzanne Gitchell, city police services coordinator, at her office were answered by a telephone answering machine.
Gitchell said Thursday he was going on vacation to pursue a job opportunity. He said he had several months of accrued vacation and compensatory time.
Sanders said this morning that if Gitchell were to resign, he would remain on the payroll for several months until his accrued leave time was used.
Commander of the department's detective division for six years, Gitchell was promoted to inspector a little more than a year ago after the retirement of Insp. Mickey Miller. He has worked in the detective division for more than 10 years, and will mark his 20-year anniversary with the police department in August.
Gitchell won national attention last year when he headed the investigation by West Memphis police into the murders of three West Memphis 8-year-olds. He has served as the department's public information officer since taking charge of the detective division, and was the spokesman for the department during the investigation.
Sanders said Lt. James Sudbury, who most recently had been deputy commander of the joint West Memphis/Crittenden County Drug Task Force, is serving as interim head of the detective division and as public information officer for the department.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Mon May 26, 2008 5:33 pm |
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ET, 11.11.1993, No charges to be filed in DTF probe
http://westmemphisthreediscussion.yuku.com/topic/2570
No charges to be filed in DTF probe
By Kay Brockwell
Evening Times Staff Writer
Officers of the West Memphis-Crittenden County Drug Task Force took confiscated guns and other property for their personal use, and the unit maintained a petty cash fund for which no records were kept, according to a report of an Arkansas State Police investigation into the unit's operations.
None of the actions by DTF officers or personnel constitute criminal conduct, First Judicial District Prosecuting Attorney Brent Davis said in a letter to DTF board members.
Hunter said the DTF practices "demonstrate a lack of good judgement, as well as a lack of proper administration and regulation of the day-to-day operation of the task force." He recommended the task force board hire an administrator, keep tighter control over confiscated property and do away with its petty cash fund.
Capt. Tony Miller, commander of the task force, said Wednesday the petty cash fund no longer exists and that more stringent policies have been implemented over the assignment of confiscated weapons to DTF officers. The report is unclear as to how much money moved through the petty cash fund, but statements included in the ASP investigative file indicate it could have been as much as $1,000. The fund was closed out in March of this year, with its balance of $79.25 turned over to the county treasurer's office.
Money in the petty cash fund came from payments made for the towing and storage of cars impounded during drug arrests. DTF secretary Donna Kane told ASP investigators when the payments were made in cash, they often were not issued receipts and the cash was put in the fund. All the DTF officers had access to the fund, Ms. Kane said.
Miller told investigators the fund was used to buy coffee and miscellaneous supplies for the office and as a flower fund.
The majority of other allegations investigated by the ASP involve the use of firearms by officers, several of whom traded or loaned the weapons to other officers or civilians. According to the report, most if not all of the guns have either been returned to the task force evidence locker or are being used by the officers to whom they have been assigned.
Among the guns mentioned in the report was a 9-mm Smith and Wesson pistol given to Circuit Judge David Burnett of Osceola three or four years ago by officers who are now assigned to the drug task force. Burnett, who was questioned about the gun by ASP Sgt. Mike Davidson, did not name the officers who gave him the gun but said it was prior to the task force being organized. He said the presentation was made at a law enforcement barbecue held at the West Memphis police firing range.
"Burnett further stated that if the weapon was a seized weapon, he would assume that the weapon had been converted to law enforcement use and simply issued to him for use through his job as circuit judge for that area," Davidson's report says.
Other guns in question include:
- A .40-caliber Glock semi-automatic pistol forfeited to the task force by court order and assigned to officer Tony Bradley. Bradley traded the weapon to James Wilson, another DTF officer, for another gun and $100 or $150 cash, the report said.
- A .38-caliber Smith and Wesson revolver assigned to officer Mickey Thornton and either given or loaned by Thornton to his father. Another allegation against Thornton involved $33 in cash confiscated by Thornton during a drug raid last fall at 1900 E. Harrison that had never been turned in; Thornton told investigators he found that money when he was moving his office from the DTF office to the Crittenden County Courthouse last May and turned it in then.
- A 9-mm pistol, a .44-caliber black powder handgun and a .357 magnum revolver used by officer Barry Davis. Davis said he had turned in the .44-caliber, which he had taken home "to see if I would like it," and the .357, but was still carrying the 9-mm.
- A .389 Walther that police records had listed as having been destroyed that was being used by Bradley, along with a 9-mm pistol Bradley told investigators he had confiscated during a drug stop and then traded to officer George Blair.
- A .22-caliber rifle, a .25-caliber pistol and a 9-mm pistol given to Ms. Kane by Lt. James Sudbury, deputy task force commander. Ms. Kane also had a radio, a cooler and a purse that had been confiscated and given her by Sudbury, the report said. All that property has been returned, the report said.
- A .380-caliber pistol loaned by Miller to Dickie Powell, an employee of the West Memphis Utility Department, for Powell's wife's protection while Powell was out of town.
- A .22-caliber Ruger semi-automatic rifle as well as a telephone answering machine, a radar detector, a $300 fishing rod and reel and a refrigerator used by Sudbury. Sudbury said he borrowed the refrigerator while his refrigerator was being repaired, and said he purchased the answering machine at the DTF auction of confiscated property last spring. The answering machine and rod and reel were given by Sudbury to his children, the report says.
The auction was the source of part of the money kept in the petty cash fund as well, according to the report. ASP investigator Dale Arnold's notes indicate the auction in November 1992 raised $26,176 from the sale of vehicles, turned over to the DTF, and another $800 from the sale of miscellaneous items. Of the latter figure, auctioneer Dale Casto was paid $500 for conducting the auction, and the remaining $300 is unaccounted for, the report says.
Ms. Kane told investigators the cash put into the fund averaged between $200 and $250 per month.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
Posts: 12374
Location: Kentucky
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Obscuregawdess
Posted:
Mon May 26, 2008 5:51 pm |
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ET, 5/4/94, Martin join Marion PD
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Martin joins Marion PD
For Marion's newest police officer, there | |
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