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Obscuregawdess PostPosted: Fri Jun 27, 2008 12:02 pm

The WM3 Case In 2008 And Beyond...

This is for the recent happenings, other than direct updates and events. Those can be included here as well, not to abandon the sticky. Laughing There just seems to be quite a bit going on. I also received another letter from Damien, and I am waiting on his permission to post the contents or scan them.

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Obscuregawdess PostPosted: Fri Jun 27, 2008 12:03 pm

Court denies petitions of 3 in '93 killings

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Friday, June 27, 2008

Possibility left open for more filings in West Memphis case

BY CATHY FRYE

Posted on Friday, June 27, 2008

The Arkansas Supreme Court denied without prejudice Thursday petitions from Jason Baldwin and Jessie Misskelley to have their cases re-examined by their respective trial courts.

Baldwin, Misskelley and Damien Echols were convicted in 1994 of killing three West Memphis boys in 1993 in what prosecutors deemed a satanic ritual.

In the years since, the case has drawn international attention. Funds raised from grass-roots efforts eventually garnered the three men — teenagers at the time they were convicted — a high-profile team of attorneys and forensics experts who contend Echols, Baldwin and Misskelley were the victims of a city caught up in hysteria.

Several weeks ago, defense attorneys filed two petitions asking the high court to give the trial courts authority to consider facts not known at the time of trial through no fault of the defendants.

By denying the petitions without prejudice, the Supreme Court has left open the possibility for more filings on the matter.

Attorneys on both sides couldn't comment for this article as they have been ordered by Craighead County Circuit Judge David Burnett to quit talking to the news media.

In several filings this year, however, the attorney general's office has argued repeatedly that the convictions were the result of a fair and thorough judicial process.

In January, in response to allegations that he isn't able to appreciate the significance of new developments in the case, Attorney General Dustin McDaniel said, "Of course I am open-minded and, if there was any new evidence that exonerated these defendants, I would be the first one to start approaching the governor about options on bringing justice to the matter." In Baldwin's petition, filed at the end of May, attorneys argued that prosecutors withheld material evidence from the defense teams representing Baldwin, then 16; Echols, then 18; and Misskelley, then 17.

The evidence to which they refer includes new information regarding a knife (the purported murder weapon ); a contention that police investigators considered animal predation as a possible source of the children's wounds; and new information about one of the state's key witnesses, a former juvenile inmate named Michael Carson.

Misskelley's petition discusses the role of Vicky Hutcheson, the only witness who corroborated Misskelley's statements to police. Defense attorneys have long argued that these statements were forced and, as a result, peppered with inaccuracies.

Hutcheson, the petition states, has since admitted that she lied about Echols' purported interest in the occult and says police wanted her to help set him up.

Misskelley's attorneys argue prosecutors suppressed evidence that Hutcheson had been coerced by police into making false statements.

"The prosecutor's failure to disclose material evidence bearing on the credibility of Hutcheson violated [Misskelley's ] rights. The evidence would have shown not only that Hutcheson's story was false, but that [Misskelley's ] defense of coerced confession was likely true — WMPD [West Memphis Police Department ] had used similar tactics on Hutcheson." In its responses to both petitions, the attorney general's office argued that defense attorneys were misapplying law to suit their purposes.

This type of petition, the state says, is meant to allow a trial court to evaluate supportable, factual claims — not to investigate them.

Misskelley's and Baldwin's petitions offer claims that have no merit, the state contends.

Misskelley's petition "offers hypothetical assertions," state attorneys say. Rather than presenting solid claims, the defense is asking for a court-ordered discovery they hope will bolster "tentative allegations," the state contends. "The Court should not grant a petition that amounts to a request for a fishing expedition." Meanwhile, Burnett has set a three-week court session in September and October to hear appeals regarding new DNA evidence.

Echols, sentenced to die for the murders, remains on death row. Baldwin and Misskelley are serving life sentences.

http://www.nwanews.com/adg/News/229805/

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Fishy PostPosted: Fri Jun 27, 2008 2:49 pm

Thanks OG. Wow...I am just so impressed with all the hard work you have done with this! Flowers for you

"Attorneys on both sides couldn't comment for this article as they have been ordered by Craighead County Circuit Judge David Burnett to quit talking to the news media."


Is this normal in a case like this?



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Obscuregawdess PostPosted: Fri Jun 27, 2008 3:04 pm

Fishy wrote:
Thanks OG. Wow...I am just so impressed with all the hard work you have done with this! Flowers for you

"Attorneys on both sides couldn't comment for this article as they have been ordered by Craighead County Circuit Judge David Burnett to quit talking to the news media."


Is this normal in a case like this?


Thanks, Fishy!

I don't believe it's abnormal, but nor is it IMO a request that is for the sake of defendants. 		"Bratty Mama Leci"



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Obscuregawdess PostPosted: Sun Jul 06, 2008 12:30 am

Fae - Limitations in Helping to “Free the West Memphis Three

July 4th, 2008 at 11:59pm |
I’ve noticed that the struggle for religious freedom has become a theme in my life.You’d never know it if you read our blog:) Years ago, I saw an HBO special called “Paradise Lost”, a documentary about three 8-year-old boys who were brutally murdered in West Memphis, Arkansas. I subsequently read the book “Devils Knot”, by Mara Leveritt, a more in-depth look into the case.

The “West Memphis Three” are men who have been incarcerated for these multiple murders. The prosecutors presented no credible physical evidence that these men - who were only boys at the time - were involved in this crime. They were convicted because they were young and rebellious, on the grounds that they were Satan worshippers, which was not correct. Damien Echols, one of the three, is sitting on death row for these crimes.

Aidan, my eleven-year-old son, was looking over my shoulder when I was updating myself on where their case stands at their website -WM3.ORG , and we watched a video on the site together. In the last year or so, their organization has raised enough money to have DNA testing performed on the physical evidence that exists from the crime scene. Not one trace of DNA from any of these three was found. As a matter of fact, DNA from one of the victim’s step-fathers and his friend were found, but nothing of the men sitting in jail. I explained to Aidan that the courts will now look again at the case. They need to decide if they would have found the men guilty had this DNA evidence been entered at the time of the trial. There is a very good chance that they will be set free.

Aidan and I talked about the First Amendment, and how it is supposed to protect freedom of religion. We talked about how a witch hunt could take place in our century, in our lifetime. We talked about small-town mentalities, and fear. We talked about teenage rebellion, and how it could be misconstrued and taken out of context.

Aidan decided he wanted to be an advocate for religious tolerance, and that he wanted to help get the word out about the West Memphis Three. I got him a T-shirt through the site, with the First Amendment on the back and “Free the West Memphis Three” on the front. I loved and was inspired by his desire for activism, and got him the shirt.

He wore it to a friends’ house last night, and ended up in a conversation about Satanism. Aidan made a point that religous freedom was protected by the government, and that as long as they aren’t hurting anyone, they should have the right to believe what they want. Our friend argued that Satanism was evil. Aidan responded with an interesting slant - he said that to Satanists, evil is good, and so to them they were practicing good in their minds (I thought that argument was actually sound).

Here’s my issue…
We’re having enough problems attempting to come out as Wiccans in our society, to people who equate Wiccanism with Satanism. These two religions actually have almost nothing in common…Satanism isn’t even Pagan, it’s a monotheistic religion, the opposite of Christianity. (see more in this post, “Why do People Find Paganism So Threatening?”) Anyway, we’ve got enough challenges without putting Aidan in a position where he has to defend Satanism. I think it’s actually counterproductive to what we’re trying to do. Unfortunately, because the West Memphis Three case is so closely linked with the idea of Satanism, I can’t think of a way to separate the religious tolerance aspect of it, especially for someone his age.

I’ve asked him not to wear the t-shirt until I can think this through. I can certainly begin to introduce him to different avenues down which to pursue the cause of religious freedom, but I’d like to spread awareness of this case, and he would too. I’d love advice, if anyone has any.

Posted in General, Paganism and Philosophy, Religion and Spirituality, Religious Tolerance
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3 Responses to “Fae - Limitations in Helping to “Free the West Memphis Three””
July 5th, 2008 at 9:03 am Amy


It seems like it might be as simple as suggesting to Aidan that, when asked about the shirt and explaining it, that whether he explains the thing about Satanism or not, he also says, “I don’t practice Satanism nor do I believe in Satan, but the 1st ammendment says that someone who does has as much right to say that as I have to talk about my beliefs.” This is all about the Voltaire quote, “I disapprove of what you say, but I will defend to the death your right to say it.” That might be a good concept to teach Aidan at this point.

July 5th, 2008 at 10:28 am Deb


My son (12) has been accused of being Satanist because he wears a pentagram and is open about being atheist. He’s gotten pretty good at explaining the difference. It’s annoying that he has to, though.

July 5th, 2008 at 8:55 pm mrsb


In simplifying the matter, your son could simply tell people that the boys were wrongly accused of being Satan worshippers, and that he knows how that could feel, because people sometimes confuse his religion with Satan worshipping. And that even if any of them were, they have the freedom to be so.

Good on your son for being strong enough, at such a young age, to stand up for something he believes in! And good on you, for raising him in such a way that he’s able.




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A Voice of Sanity PostPosted: Tue Jul 08, 2008 11:14 pm

Re: Fae - Limitations in Helping to “Free the West Memphis T

Obscuregawdess wrote:
... Here’s my issue…
We’re having enough problems attempting to come out as Wiccans in our society, to people who equate Wiccanism with Satanism. These two religions actually have almost nothing in common…Satanism isn’t even Pagan, it’s a monotheistic religion, the opposite of Christianity. ...

Actually, no. Satanism IS Christianity - a sect of it. It cannot exist without Christianity and its ceremonies are based entirely on Christianity. In this it is no different from any of the other schisms.
BTW, isn't it Wicca not Wiccanism?



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Fishy PostPosted: Wed Jul 09, 2008 9:43 am

Re: Fae - Limitations in Helping to “Free the West Memphis T

A Voice of Sanity wrote:

Actually, no. Satanism IS Christianity - a sect of it. It cannot exist without Christianity and its ceremonies are based entirely on Christianity. In this it is no different from any of the other schisms.
BTW, isn't it Wicca not Wiccanism?


Interesting thoughts there.....can you explain for those of us who have never heard this before. Very Happy I understand the part that satanism cannot exist without Christianity.....but the rest I am unfamiliar with.



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Obscuregawdess PostPosted: Wed Jul 23, 2008 8:00 pm

Courts start with Fogleman going higher?

Wednesday, July 16, 2008

Court jockeying begins - West Memphis Three

Arkansas Supreme Court Associate Justice Tom Glaze apparently has decided to retire at the end of 2010. That creates a seat on the court and lawyers have received letters recently that Circuit Judge John Fogleman will be a candidate for the seat. Fogleman, a former prosecutor, lives in Marion and sits on cases in Clay, Craighead, Crittenden, Greene, Mississippi and Poinsett counties.

Judge Fogleman has a bit of history connected with one of Arkansas's most famous criminal cases.

Fogleman assisted Prosecutor Brent Davis in the prosecution of the West Memphis Three, the then-youths convicted of slaying three West Memphis boys. An appeal of Damien Echols' conviction and death sentence is still active.

Mara Leveritt, who wrote a book on the case that spawned a widely watched HBO special, thinks prosecutors in that case still should be called to account for a number of decisions. One was the use of a co-defendant's statement that prosecutors knew was factually inaccurate. Another was Fogleman's last minute decision to search the lake for weapons, a search that turned up a knife that Fogleman tried to link to the deaths. The supposedly secret lake search just happened to produce a page one photograph for the local newspaper of a diver triumphantly holding a knife aloft. She also is highly critical of the prosecutors' decision to use a dubious expert witness to inject devil worship in the trial to shore up a lack of solid evidence. Fogleman underscored this in closing arguments by emphasizing such points as Echol's habit of wearing black clothing. On such evidence, Fogleman told jurors, "You see inside that person. And you look inside and there's not a soul there."

Leverett says Fogleman quickly made use of his "tough decisions in tough cases" in campaigning for a circuit judgeship shortly after a second trial of the WM3. She writes, "In the long run, I believe, many of Fogelman's 'tough decisions' will be regarded as ethically crass, politically opportunistic, and legally underhanded."


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Obscuregawdess PostPosted: Wed Jul 23, 2008 8:03 pm

Sirius Radio show on the WM3

Pete Dominick of Sirius channel 110 announced today he will be doing a show
on the WM3. Please listen to his show and show your support. You can also
check his site @ http://petesbigmouth.com/



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Obscuregawdess PostPosted: Mon Sep 01, 2008 6:35 pm

Sunday, August 24, 2008

WM3 addenda

An item about the West Memphis Three proceedings the other day was prompted by the note on the jump from Brent Peterson, one of those in the advocacy group working for a new trial for the three men convicted in the slayings years ago. I had meant to include it at the time.

The hearing yesterday in Jonesboro was very strange. The first link posted below is coverage from Memphis channel 5 and the second is LR ABC 7. The following forwarded Google link will take you to the most extensive coverage of all stations by KAIT in Jonesboro. Both 6 and 10 o'clock segments are posted. You just click on either beside the video icon. They were the only three TV stations covering the hearings. Also an AP and the West Memphis Evening Times reporters were there.

Capi, Lorri and I were baffled by the proceedings as the media and all the lawyers were. The judge came across as flippant, arrogant and capricious. In April he had already set a schedule for evidentiary hearings in September/October, and yesterday astonished everyone by repeating the process to determine the order the three defendants cases will be presented. He said he didn't take notes.

Everyone thought he would be up on all the filings and give an idea what he was going to allow to be heard. When Damien's lawyers referenced the Reply to State filing (I emailed you last week on the 13th) the judge hadn't seen it. The same for the affidavit filed on May 30 under seal about the jury foreman's misconduct. The judge kept looking over at the clerk raising his eyebrows to ask if she knew anything about those filings.

In April the judge had said the WM3 would have the right to the final filings to the state. After the prosecution asked that Jessie's lawyers reduce a 256 page petition to 10 pages, the judge denied it then opened it back up for either side to file anything else they wanted in the next ten days. He said he would have a ruling on what he would hear, if anything, on September 5. This only gives our lawyers 2 or 3 days before the 09/08 hearings to make all the arrangements with whichever witnesses will be allowed.

A discussion ensued about the state wanting access to all the files on the whole case by the defense for Jessie. Jessie's lawyer, Michael Burt, pointed out that it consisted of 36 large boxes in storage and how would it be done logistically. Would the prosecution fly to San Fran and sift through everything to see what they wanted? Would Michael himself decide what to send, or just send it all? The judge just dropped it by telling them to work it out.

After the judge asked for any final comments getting about three more from the lawyers, I raised my hand and standing up asked if it would be permissible to speak. He asked who I was, and I said an Arkansas citizen with a group from LR working to raise awareness about the innocence of the 3 known as the WM3 and to raise funding for their legal defense. I explained that the celebrity "well" had dried up and asked if he might require the state to pay for the expense of Mr. Burt's time, copying and shipping.

The judge got a scowl of disdain on his face, and I felt him thinking who does this guy think he is? Since he only said he would let the two sides decide that and didn't sit me back down I was emboldened and asked if he might remove the gag order from all the legal teams. He said "No, this was too controversial". I sat back down only nodding. Then Will Carter from Jonesboro 8 stood up and asked for clarification on the memo the judge sent out barring cameras in the court house. Mr. Carter asked if the courthouse were not public property and would this be the case for all trials in the future. The judge said only this one and the crews could wait outside and get shots when people exited.

On the way home Capi talked to Will Carter on the phone who said they were planning to file an injunction against Judge Burnett and the network and KATV would be in on it over the judge also saying they could not directly quote anything from the courtroom, only paraphrase. It seemed odd to me that he said he would allow desktops in the courtroom, where everyone could have internet access, and write updates on blogs. Last night some news accounts came through that the judge was contacted later about his statement, and he said he only meant they could not play any recordings on the internet or TV.

After the hearing all the lawyers met at the hotel. They were talking about my courtroom high-jinx when we arrived. John Phillipsborn shook my hand and said it was unprecedented in his memory to have audience participation in court. They all agreed it could help their filing, soon to come, to receive indigent status for Jason and Jessie to have the state pay their legal costs. It was costly to fly all the attorneys in from San Francisco for very little output. But nothing in Burnett's court should surprise us any longer.

Also, we ate all three of our meals at the Edge, on the edge of the ASU campus, and befriended two employees who put our bumper stickers out on display for people to take. The owner of the business is on the city council with Kent Arnold, the jury foreman, who will be on trial, if the judge decides to unseal the document disallowing the attorney/client privilege claim. She came in to work the lunch shift, and when we got there to eat the bumper stickers had been removed. But I got one of the guy's phone numbers, who is going to help us get the Time for Truth video played at a local venue.

Thanks for all your support and prayers, and if you can donate to the cause, you can now do so by credit card on our website: www.freewestmemphis3.org . You will receive a tax exemption receipt.

If these links don't take you straight to the news websites, you can copy them and paste into the browser window.

http://www.wmctv.com/global/story.asp?sˆ70670

http://www.katv.com/news/stories/0808/545952_video.html?ref=newsstory

http://www.arktimes.com/blogs/arkansasblog/2008/08/wm3_addenda.aspx









---------------------------------


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Obscuregawdess PostPosted: Mon Sep 01, 2008 6:37 pm

CNN coverage and go tothe For Damien blog site

Saturday, August 23, 2008

CNN coverage and go tothe For Damien blog site


http://www.cnn.com/2008/CRIME/08/20/boys.slain.ap/index.html

Look on the myspace FOR DaMIEN SITE AND GO TO THE BLOG For all the recents news sites that have covered all the new Wm3 news.

Alea



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Obscuregawdess PostPosted: Mon Sep 01, 2008 6:38 pm

Burnett will Rule on Echols first and if its against him---

... Jason& Jessie get no hearing


Friday, August 22, 2008
..TR> Story Date: Thursday, August 21, 2008

Separate hearings for WM3


by Stan Mitchell

JONESBORO — A circuit judge indicated Wednesday he plans to hold a separate hearing for one of the three convicted killers known as the West Memphis 3.

Judge David Burnett said he would conduct an Act 1780 hearing for Damien Wayne Echols first, then a hearing for Charles Jason Baldwin and Jessie Lloyd Misskelley, if needed.

Burnett said that if he rules against Echols, there would be no need to hold a hearing for Echols' co-defendants. Echols is seeking a new trial because he claims there is new DNA evidence that could prove him innocent of the crimes for which he was convicted.

Echols, Misskelley and Baldwin were convicted for the May 5, 1993, murders of second-graders Michael Moore, Steven Branch and Christopher Byers, whose bodies were discovered bound with their shoestrings in a rain-swollen ditch near their West Memphis homes.

Echols received the death sentence, while Baldwin was sentenced to life in prison without parole. Misskelley was sentenced to life plus 40 years.

The Arkansas Supreme Court unanimously affirmed Baldwin and Echols' convictions in 1996, citing what it called substantial evidence of guilt.

The new Act 1780 hearing comes after a federal judge ordered the original trial court to examine Echols' wide-ranging appeal, including DNA testing done on Echols' behalf that did not match any of the three convicted in the killings. However, much of the DNA evidence examined by a private laboratory in Virginia yielded no reportable results.

Testimony from forensic experts in the appeal also claim the mutilation of one of the boys likely came from an animal after their deaths — rather than prosecutors' claims about satanic rituals.

Prosecutor Brent Davis of Jonesboro argues Echols' claims are meritless, saying they don't "demonstrate that he would be acquitted."

Dennis Riordan, a San Francisco-based lawyer representing Echols, said Wednesday that a sealed filing to the court included testimony from a Little Rock attorney who spoke with the jury foreman, Kent Arnold of Jonesboro, during the original trial. Defense attorneys said that discussion likely prejudiced the juror's opinion and tainted the whole jury.

Davis contends Burnett should not consider the jury claims, as the Supreme Court previously dismissed the accusations.

Burnett said he would conduct separate hearings for the three defendants because Misskelley and Baldwin have not exhausted their appeals under Rule 37, which claims a defendant did not have effective counsel at trial.

The judge agreed to allow attorneys for Misskelley and Baldwin to file an expanded petition for their Rule 37 hearings. The state Supreme Court has consistently ruled that a 10-page petition is sufficient but has permitted a trial judge to expand the petition's size.

Burnett denied a request to allow Misskelley's former co-counsel, Dan Stidham, who is now the Greene County District Court judge, to testify by video camera and not live.

"I think he can testify just like anyone else," Burnett said of Stidham. "After all, I will be considering his competency."

Burnett ordered Misskelley's defense attorneys to turn over any and all recordings, notes and documents that contain Misskelley's statements before and after his 1994 trial.

The first hearing, which should be for Echols, is scheduled for Sept. 8 in the Craighead County Courthouse in Jonesboro. Hearings for Misskelley and Baldwin are tentatively set for Sept. 29 through Oct. 3.

One defense attorney asked Burnett to disclose his political plans once he retires as a circuit judge at the end of the year. The judge refused specifics and said that if he seeks another office it would not be until two years after retirement.

Misskelley's defense team voiced concern with a post-conviction interview their client gave to the prosecutor in 1994. Defense lawyers wanted Burnett to rule that Davis could not use the information because Davis allegedly told Misskelley his statements would not be used against him.

Burnett, however, found that the statements could not be used against Misskelley at the criminal trial but can be used now since the current hearings are a civil matter.

At the end of the hearing, Brent Peterson, a Little Rock resident who has collected money for the defense attorneys, asked Burnett if the state could pay for all copies of documents. Peterson said the funds were being collected from private parties and asked that the state bear the burden of paying the costs for any copies made of court documents.

Burnett informed Peterson that he had no legal standing to make the argument before the court.

Peterson then asked Burnett if he would lift a gag order in the case that bars attorneys from speaking with the media.

Burnett denied Peterson's request.

Burnett ordered that the defendants must be present at future hearings.

Associated Press writer Jon Gambrell contributed to this report.

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Obscuregawdess PostPosted: Mon Sep 01, 2008 6:40 pm

Judge says he could rule by Sept. 1 in Echols case

JONESBORO — A circuit court judge said Wednesday that he could rule by Sept. 1 on whether new DNA evidence will lead to a new trial for Damien Echols, who was convicted in 1994 of killing three West Memphis 8-year-olds.

Judge David Burnett tentatively scheduled a Sept. 8 hearing in Craighead County Circuit Court to hear Echols’ attorney present proof that Echols deserves a new trial. However, he said Wednesday evening that he could rule in chambers before then and forgo a hearing.

“It’s a possibility,” he said. “[Echols’ attorneys ] have until Aug. 30 to submit any new pleadings, and I could rule by Sept. 1.” Burnett presided over Echols ’ capital murder trial in 1994, in which a jury convicted Echols and sentenced him to die by lethal injection.

Jessie Misskelley and Jason Baldwin also were convicted in the grisly May 5, 1993, slayings of Steve Branch, Christopher Byers and Michael Moore. The three boys, all second-graders in West Memphis, were found dead in a water-filled ditch in woods along Interstate 40 in the Crittenden County town.

Echols’ attorneys have filed motions indicating new DNA evidence exonerates Echols. They also contend prejudicial statements made by a juror in Echols’ and Baldwin’s trials also call for a new trial.

Second Judicial District Prosecuting Attorney Brent Davis of Jonesboro could not comment on Wednesday’s scheduling hearing, citing a gag order issued by Burnett that prevents attorneys from discussing the case.

Burnett also said he could begin hearings for Misskelley and Baldwin on Sept. 8 to determine if they received ineffective legal counsel at their trials.

Echols’ legal counsel was ruled effective in 1999.

Burnett prohibited the use of cameras and recording devices in the courtroom and banned reporters from bringing them into the courthouse, citing federal law. He said reporters could bring laptops into the courtroom to cover the hearings, provided they were “quiet.”


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Obscuregawdess PostPosted: Mon Sep 01, 2008 6:43 pm

Lawyers back in court over the murder of 3 boys - MSNBC

Attorneys say DNA evidence clears 3 convicted in the 1993 case



LITTLE ROCK, Ark. - It took a jury 13 days to convict and sentence Damien Echols to death for the 1993 slayings of three second-graders.

Now, nearly 15 years later, Echols is hoping to convince the judge who oversaw his original case to grant him a new trial. His attorneys said DNA tests clear him and the two others in prison for the crime.

Attorneys for Echols, Jason Baldwin and Jessie Misskelley, known to supporters as the "West Memphis Three," met Wednesday with Craighead County Circuit Judge David Burnett and the case's original prosecutor.

The meeting was to lay out a schedule for a three-week slate of hearings in September on DNA evidence and claims of juror misconduct in their 1994 trials over the murders of 8-year-olds Steven Branch, Christopher Byers and Michael Moore.

In an hour-long hearing Wednesday, Burnett said he would likely hold the hearings, set to start Sept. 8. But he also said he could rule, following a prosecutor's suggestion, that the DNA evidence offered by defense attorneys isn't sufficient to order a new trial or overturn the convictions.

Burnett said he would issue a decision a few days before the scheduled hearings on whether the DNA evidence would be allowed.

Echols' lawyers say the evidence would clear the three. They say the tests found no trace of the defendants' DNA, though the tests did not identify anyone else's genetic material, either.

Gag order issued

Burnett banned television cameras and recording devices from his courtroom for the proceedings, citing the controversy around the case. He earlier barred both prosecutors and defense lawyers from speaking with reporters about the case, saying he was tired of reading about it in the newspapers.

The news dominated newspapers and television sets throughout Arkansas and the nation after police found the three boys' water-soaked bodies in a drainage ditch a day after their May 5, 1993, disappearance from West Memphis.

The boys' hands were bound to their legs by shoelaces and their bodies showed signs of suffering severe beatings. One boy's body had been mutilated. A month passed and the community posted a $30,000 reward before police arrested the three teens. Misskelley told investigators he watched Baldwin and Echols sexually assault and beat two of the boys as he ran down another trying to escape.

A separate jury gave Misskelley, who refused to testify against the other two, a life-plus-40-year sentence for the killings. Baldwin received a life sentence without parole after standing trial with Echols, who preened at times during the trial and quoted Shakespeare to reporters. Echols was sentenced to die.

The Arkansas Supreme Court unanimously affirmed Baldwin and Echols' convictions in 1996, citing what it called substantial evidence of guilt.

Satanic rituals

Later documentaries on the killings and trials stoked supporters' doubts about the men's convictions, saying they were picked out because they liked heavy metal music and had an interest in the occult.

Defense lawyers claim detectives coerced two taped statements out of Misskelley, whom they described as having the mental grasp of a child. State Supreme Court justices refused to throw out the statements in Misskelley's appeal, noting that he was advised of his rights three times during a four-hour interview with officers.

Misskelley's statement was not used in Baldwin and Echols' trial. Evidence in that case included witnesses who testified that they heard defendants talk about the crimes. A witness also was allowed to testify as an expert on satanism to prove the government's theory that the murders were committed by Satan worshippers.

The new hearing comes after a wide-ranging federal appeal of Echols' death sentence.

Testimony from forensic experts in the appeal also claim the mutilation of one of the boys likely came from an animal after their deaths — rather than prosecutors' claims about satanic rituals.



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Obscuregawdess PostPosted: Mon Sep 01, 2008 6:45 pm

Understanding the West Memphis Three

[b]A Brief Explanation of the Crime and Trials Leading to the Hearing[b]

John Leonard Lovik

Aug 21, 2008

In 1993, three teenagers were convicted for the murders of three boys in West Memphis. This fall, the case continues and many have forgotten what's at stake.

This fall, a new hearing is scheduled to be held to examine new DNA evidence possibly exhonerating the "West Memphis Three." The case is one 15 years in the making that has been the subject of two HBO documentaries (Paradise Lost and Paradise Lost 2), many successful fundraising campaigns, and much public scrutiny. Following the news on this case requires a quick outline of the events that took place since the original 1993 ruling.

The Murder In Robin Hood Hills
In the Robin Hood Hills in West Memphis Arkansas the bodies of three boys were found abandoned near the river with possible signs of mutilation. One teenage male, Jessie Misskelley, tells police, after an interview in access of three hours, that he was present with friends Jason Baldwin and Damien Echols when they raped and killed the three boys. Misskelley's recorded interview was used in his own trial and widely publicized until deemed inadmissable in the trial of Baldwin and Echols.

Convictions of James Baldwin and Damien Echols
After their arrest, James Baldwin and Damien Echols were tried for the murders of the three boys. As Misskelley refused to testify against them the prosecution was left with little more than circumstancial evidence that they used to establish a motive for the crime.

In Paradise Lost, footage of the trial show prosecutors grilling Echols over his interest in the occult even after Echols explains his interest to be in Wiccan and thus unrelated to either God or Satan. The prosecution goes on to try and prove some of the mutilation marks (now believed to be the work of foraging animals) by gently striking a grapefruit with a knife to emulate the wounds.

The defense emphasized the non-existence of physical evidence in their case. Cross examination of the prosecution's forensic expert established the professional opinion that according to the prosecution's version of events the crime would have required an expert in anatomy to perform the cuts on the body, that there should have been more blood at the scene, and that the mutilations would have been next to impossible to perform given the conditions where they would have been performed.

Despite these efforts Echols is sentenced to death and Baldwin to life without parole after 13 days of deliberation.

The Aftermath of the Trial
The publicity and money raised lead the West Memphis Three support group to a forensic expert who reviewed the evidence and calls attention to teeth marks on one victim's face. A hearing is arranged on the new evidence, however the forensic odontologist for the prosecution disputes the finding and Judge David Burnett rules that the evidence is not sufficient for a new trial.

Reasons for Labeling the Case a Mistrial of Justice
One of the first things many point to in this case that constantly seems to work against the defendants is Judge David Burnett. He is the same judge who oversaw the original trial and all subsequent hearings. Many believe his presence indicates a bias that works against correcting errors possibly made by the system and works for the reputation of the police and prosecutors.

The only evidence that places Echols and Baldwin at the scene of the crime is Misskelley's statement which was deemed inadmissable outside his own trial. Misskelley's defense attorney provided an interrogation expert who stated that the tapes show textbook examples of coercion and leading on the part of the police. All of these suggest to supporters that the conviction was unfairly reached.



The copyright of the article Understanding the West Memphis Three in Crime is owned by John Leonard Lovik. Permission to republish Understanding the West Memphis Three in print or online must be granted by the author in writing.




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Obscuregawdess PostPosted: Fri Sep 19, 2008 8:00 pm

(applicable, IMO) From the Innocence Project - WM3

Friday, September 19, 2008


Countless prisoners around the country are seeking to overturn their wrongful convictions and regain their freedom. It's impossible to know the exact number of innocent people behind bars in America, but the steady stream of cases in the media in which prisoners are seeking to overturn their wrongful convictions is certainly a sign that the system is broken. Here are stories on several cases that made news this week:

Two men were released from prison today based on evidence that they were convicted of crimes they didn't commit. Johnnie Earl Lindsey was freed in Dallas after serving nearly 26 years for a rape he didn't commit, and a North Carolina judge cited mounting evidence of innocence in freeing Erick Daniels, 22, from a North Carolina prison after he had served seven years.

Troy Davis is set to be executed on Tuesday in Georgia for a murder he has always said he didn't commit. Christopher Hill of the ACLU Capital Punishment Project wrote about the case here yesterday, and hundreds of people marched to support Davis in Atlanta.

Damien Echols, Jason Baldwin and Jessie Misskelley, known as the "West Memprhis Three," continue to challenge their convictions for the 1993 murders of three eight-year-old boys in Arkansas. A judge last week rejected a claim by Damien Echols, who is on death row, that new DNA evidence proves his innocence.

Last week, CBS News' "60 Minutes" reported that the FBI's crime lab had been conducting faulty bullet analysis for more than 40 years. Ronnie Lee Bowling was sentenced to death in Kentucky partly based on faulty bullet lead testimony from the FBI. The Kentucky Supreme Court, however, ruled 4-3 yesterday against overturning Bowling's conviction due to the new evidence.

A Scottish prisoner is seeking DNA testing to prove that he didn't kill his ex-wife in 1988. John Robertson is serving life in prison for a murder he says he didn't commit, and the Scottish Criminal Cases Review Commission is reexamining the case for evidence of Robertson's innocence.

And as wrongful convictions are overturned around the world, the Innocence Project and our partner organizations gain allies from across the criminal justice system. Dallas District Attorney Craig Watkins this week announced that he will review nearly 40 Dallas death penalty convictions to ensure that an innocent person is not executed on his watch. An editorial in the Dallas Morning News today applauded Watkins' efforts.

And a Massachusetts District Attorney received a public service award for his role in using forensic science to overturn wrongful convictions and track down perpetrators in cold cases.

"Execution's Doorstep," a new book by Leslie Lytle, tells the stories of five men who were released from death row based on evidence that they didn't commit the crimes for which they had been convicted.

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Obscuregawdess PostPosted: Sun Sep 21, 2008 9:44 pm

Private investigator cases range from mundane 2 high-profile

Inquiring mind: Private investigator cases range from mundane to high-profile
By Lisa Kelly Eason
Special to The Commercial Appeal
Saturday, September 20, 2008

Many people view his line of work with awe or disdain, but Ron Lax says being a private investigator isn't as glamorous, exciting or unsavory as often perceived.

"I enjoy what I do. It's rewarding. It's fun. It's just nothing like portrayed on TV and in the movies," said Lax, president and owner of Inquisitor Inc.

Marking its 30th anniversary recently, Inquisitor offers a full range of investigative services in such areas as insurance fraud and corporate theft but handles few domestic cases.


Ron Lax, working a scene in South Memphis with fellow investigator Khristina Strohm, is the founder of Inquisitor Inc.

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Lax is personally drawn to criminal defense work, especially death-penalty cases. Before working on a murder-conviction appeal in the late 1980s, Lax said he didn't give much thought to capital punishment.

"If you would have asked me back then, I would have said, 'Sure, I'm for the death penalty,'" he said. "But then I started looking at the death penalty, and I realized how unfair it was.

"Law enforcement and (district attorneys) usually do have the right person, but sometimes they don't. Innocent people are convicted, and guilty people go free. It's definitely lopsided. If someone has a good attorney, they can buy a very good defense."

Lax has investigated -- sometimes on a volunteer basis -- numerous high-profile capital murder cases, including the West Memphis Three.

In 2006, Lax was honored by the Tennessee Association of Criminal Defense Lawyers for his "extraordinary work in the arena of capital defense investigations." He has worked cases as far away as California, Montana and Hawaii.

"The anti-death-penalty community is close-knit," Lax said. "We get a lot of calls from people all over the country."

Local criminal defense attorney William Massey met Lax in the early '90s when he hired the investigator for a capital murder case.

"The trial lasted three weeks, and it took the jury 35 minutes to reach a not-guilty verdict," Massey said. "Much of that was due to the good work of Ron Lax and his investigators."

Massey often hires Inquisitor and said Lax is "a special breed of investigator."

"The thing that sets Ron Lax apart is his deep belief that the system must provide just results," Massey said. "Ron brings that extra asset to the table of being able to analyze the information and figure out how to best use it for a defense."

Lax, 59, a native of Paris, Tenn., moved to Memphis in 1967 and attended then- Memphis State University. He graduated from Bethel College with a major in accounting and planned to attend law school to become a tax attorney.

Instead, Lax answered a help-wanted ad that promised "excitement and travel expenses paid" and in 1971 went to work for investigator Mark Lipman, father of Guardsmark founder Ira Lipman. Lax was working in the company's Houston office when he quit in 1977 to try his hand at accounting.

"I realized that accounting wasn't going to ring my bell," Lax said. He returned to Memphis and investigations, founding Inquisitor in August 1978. Originally a one-man operation primarily handling insurance cases, the company now employs 20 people and has a second office in Nashville.

Lax, a charter member of the Tennessee Association of Investigators, said Inquisitor's standards are much higher than state requirements.

"All our investigators have a college degree, and many have masters," Lax said. Few of Inquisitor's 14 investigators had prior experience in the field when hired, as Lax prefers to train them his way.

The Internet has changed the business, he said, but noted that Inquisitor has access to numerous online databases that are too expensive and complicated for individuals.

"Now I can get more done in an hour that I used to in a day," Lax said.

Massey said Lax's meticulous investigative work makes him an integral part of a criminal defense team.

"The cases that I handle are very serious, and I want someone in that foxhole with me who I can rely on and trust to gather all the information needed for a good defense," Massey said. "Ron Lax is that kind of person."

Ron Lax

Title: President and owner, Inquisitor Inc.

Age: 59

Education: Bachelor's of science degree, accounting and political science, Bethel College, 1971

Personal: Married

On the Web: inquisitorinc.com



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prolific PostPosted: Mon Sep 22, 2008 12:06 pm

OG, I apologize if this has already been posted and I missed it but has an execution date been set yet for Damien?



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Obscuregawdess PostPosted: Mon Sep 22, 2008 7:42 pm

prolific wrote:
OG, I apologize if this has already been posted and I missed it but has an execution date been set yet for Damien?


Nope, not until the appeals process is over... and hopefully when he goes to his federal appeals, he won't need one set! Very Happy 		"Bratty Mama Leci"



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Obscuregawdess PostPosted: Thu Sep 25, 2008 10:04 am

Witnesses could prove Baldwin’s alibi

Video: http://www.wmctv.com/global/story.asp?s=9071315

JONESBORO, Ark. (AP) - A former lawyer for a man convicted of killing three West Memphis boys 15 years ago testified Wednesday that he knew of people who could have provided proof of his client's innocence but he did not call them as witnesses.

Paul Ford, who represented Jason Baldwin at his 1994 trial, said that while Baldwin's mother and an uncle could have provided an alibi for Baldwin, they would not have made good witnesses.

Ford spoke Wednesday at a hearing in Craighead County Circuit Court before Judge David Burnett on whether Baldwin received adequate legal representation during his 1994 trial in Jonesboro.

Baldwin, now 31, was convicted of capital murder in the deaths of 8-year-olds Steve Branch, Michael Moore, and Christopher Byers. He was sentenced to life in prison without parole.

Ford said he was also aware that school officials or students could have testified that Baldwin, then 16, was in school the day of the crime. But they would not have been able to account for the evening hours when the state says the 8-year-olds were killed, Ford said.

New lawyers for Baldwin are asking Burnett to void their client's conviction and penalty.

The judge has set aside four days for the hearing and plans to take up similar arguments Thursday from lawyers for co-defendant Jessie Misskelley.

Earlier this month, Burnett denied requests for a new trial based on alleged new DNA evidence for Baldwin, Misskelley and Damien Echols. Echols, who was tried with Baldwin and also convicted of capital murder, was the only one of the three to receive the death penalty.

The three, all teenagers at the time, were accused of killing the second graders in a Satanic-like ritual. The boys were last seen riding their bikes May 5, 1993. Their bodies were found in a ditch the next day.

On the stand Wednesday, Ford also said that he was aware that Baldwin's mother called home the evening of the boys' deaths and that Baldwin also supposedly had telephone conversations with two friends that night. But Ford said he did not pursue the telephone records to help establish Baldwin's whereabouts.

Ford said he believed Baldwin was innocent and he still does, describing Baldwin as an intelligent and gentle person. During Wednesday's hearing, Baldwin sat at the defense table, alert and attentive to the proceedings. When Ford said he believed Baldwin was innocent, the two made eye contact and nodded.

Before allowing the testimony, the judge agreed with the state that only one of six claims Baldwin made - the claim of ineffectual counsel - could be considered under his petition for relief.

The state also argued in a written response that Baldwin's claim of ineffective counsel has no merit and amounts to a disagreement over "strategic decisions about what witnesses should have been called."

Meanwhile, the federal judge who initially sent Echols' appeal back to state courts has recused from the case. In a one-sentence order filed Wednesday, U.S. District Court Judge William R. Wilson Jr. said that "some of the principals in this case are long-time acquitances and friends of mine."

It was not immediately clear who would take over the case or if Wilson's recusal would affect Echols' pending appeal to the Arkansas Supreme Court.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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Obscuregawdess PostPosted: Thu Sep 25, 2008 10:23 am

Lawyer: Witnesses could prove Baldwin’s alibi

Thursday, September 25, 2008

JONESBORO -- A former lawyer for a man convicted of killing three West Memphis boys 15 years ago testified Wednesday that he knew of people who could have provided proof of his client's innocence but he did not call them as witnesses.

Paul Ford, who represented Jason Baldwin at his 1994 trial, said that while Baldwin's mother and an uncle could have provided an alibi for Baldwin, they would not have made good witnesses.

Ford spoke Wednesday at a hearing in Craighead County Circuit Court before Judge David Burnett on whether Baldwin received adequate legal representation during his 1994 trial in Jonesboro.

Baldwin, now 31, was convicted of capital murder in the deaths of 8-year-olds Steve Branch, Michael Moore, and Christopher Byers. He was sentenced to life in prison without parole.

Ford said he was also aware that school officials or students could have testified that Baldwin, then 16, was in school the day of the crime. But they would not have been able to account for the evening hours when the state says the 8-year-olds were killed, Ford said.

New lawyers for Baldwin are asking Burnett to void their client's conviction and penalty.


The judge has set aside four days for the hearing and plans to take up similar arguments Thursday from lawyers for co-defendant Jessie Misskelley.

Earlier this month, Burnett denied requests for a new trial based on alleged new DNA evidence for Baldwin, Misskelley and Damien Echols. Echols, who was tried with Baldwin and also convicted of capital murder, was the only one of the three to receive the death penalty.

The three, all teenagers at the time, were accused of killing the second graders in a Satanic-like ritual. The boys were last seen riding their bikes May 5, 1993. Their bodies were found in a ditch the next day.

On the stand Wednesday, Ford also said that he was aware that Baldwin's mother called home the evening of the boys' deaths and that Baldwin also supposedly had telephone conversations with two friends that night. But Ford said he did not pursue the telephone records to help establish Baldwin's whereabouts.

Ford said he believed Baldwin was innocent and he still does, describing Baldwin as an intelligent and gentle person. During Wednesday's hearing, Baldwin sat at the defense table, alert and attentive to the proceedings. When Ford said he believed Baldwin was innocent, the two made eye contact and nodded.

Before allowing the testimony, the judge agreed with the state that only one of six claims Baldwin made -- the claim of ineffectual counsel -- could be considered under his petition for relief.

The state also argued in a written response that Baldwin's claim of ineffective counsel has no merit and amounts to a disagreement over "strategic decisions about what witnesses should have been called."

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Obscuregawdess PostPosted: Thu Oct 02, 2008 3:37 pm

When DNA Isn't Enough, Part 1

Thursday, October 2, 2008
Westchester Guardian/Jeffrey Deskovic.
Jeff Deskovic

When DNA Isn't Enough,
Part 1

DNA has been referred to as the gold standard by experts and attorneys, because of its ability to conclusively prove innocence or guilt, provided that the correct protocols are followed, no contamination takes place, and the chain of custody remains intact. There are many substances which
can be tested including, but not limited to hair, saliva, semen, and blood. There are also a variety of different types of DNA Testing, including comparing crime scene DNA to the DNA database to see if there is a match with another person convicted of another crime.

There have been a number of instances in which DNA has not only proven the innocence of the accused, but also identified the actual perpetrator.
To date, DNA has cleared 220 people who have been wrongfully convicted across the country. At the same time, there have also been many people whose guilt has been proven by DNA.

Headlines in both newspapers and television news reports referring to DNA's presence in criminal cases has become commonplace, so much so that the average person has heard of DNA and know what it refers to. Despite being well known, and its universally acknowledged penchant for
bringing out the truth, and despite all of the individuals that have been cleared as a result of testing for it, nevertheless there have been some anomolies where DNA hasn't been enough to secure a defendant's freedom, even though it should have been.

Damien Echols, James Baldwin, and Jessie Misskelley were convicted of murder, in a case that is known as The West Memphis Three. Baldwin and
Misskelley were sentenced to life in prison, Echols was sentenced to death. The facts of this case are taken from an article in The Economist published April 17, 2008: In 1993, three eight-year-olds disappeared in West Memphis, a poor town in Arkansas. They were found in a ditch the
next day. Their bodies were bound with shoelaces and covered with wounds; one had been partially castrated. Anxious to solve this horrific crime, the police soon focused on three local teenagers.

Damien Echols, Jessie Misskelley and Jason Baldwin were oddities in this conservative town. Mr Echols wore black clothing, listened to Metallica and carried a cat's skull to school—perhaps, locals thought, as part of some satanic ritual. Mr Misskelley, who is slightly mentally retarded, actually confessed to the murder.

His confession, though, was full of factual errors. He said that he and his friends had committed the murders in the morning, but the boys were in
school all day. And, no physical evidence linked the three teenagers to the crime. They were just a bit weird. It was a weak case, but the boys were convicted.

Some of the inaccuracies of the confession, taken from the West Memphis Three EvBoard included: Jessie said that the boys skipped school May
5, 1993; in fact the boys were in school all day and so was Jessie Baldwin. The confession said that Jason castrated Chrisopher Byers with a single swing of a knife, whereas the Medical Examiner says that the penis of Byers was methodically skinned by someone with extensive knowledge of anatomy and the process would have taken some time to complete even under laboratory conditions.

An article entitled False Confessions Adults by Bruce Robinson which appeared in the magazine Justice Denied, elaborated on the confession of
Misskelley: The confession of Jessie Misskelley, Jr., convicted of participating in the sexmurders of three boys in West Memphis, Arkansas, in 1993, may well be false. He was 17 years old at the time of the confession, and has an IQ of 72 (vs. a normal value of 100). After the trial had ended, an independent investigator studied the autopsy photographs. He found images of bite marks on the face of one of the murder victims. Their pattern did not match Misskelley's teeth or those of the other two teenagers who were also convicted of the murders. One of the latter is
on death row. Although a polygraph test indicated his innocence, Misskelley was interrogated for over 5 hours. He retracted his confession afterwards, claiming that he had caved in under police pressure.

He pleaded not guilty at trial. An expert testified at the trial that Jessie was a prime candidate for a false confession because of his young age and low IQ. As e Economist's article stated: Over the past 15 years there have been mounting calls to free the West Memphis three, or at least give them a fair trial. ere have been dozens of benefit concerts for their legal-defence fund, and HBO has aired two documentaries about them.

Now advances in forensic testing are helping their cause. DNA tests show that a hair from the crime scene could not have belonged to any of the three—but may belong to one of the victims' stepfathers An article from WMCTV Action News by Janice Broach stated: New DNA testing by the defense shows that none of the genetic material recovered from the murder scene links Echols, Baldwin, or Misskelley to the scene. Instead, defense attorneys say, the tests found DNA from Terry Hobbs, the stepfather of one of the murdered boys. Thursday, Hobbs told Action News 5 he didn't do it. "I'd have to laugh at that and say there's something wrong with someone who would think that," he said.

Hobbs claimed a private investigator from the defense team told him one of his hairs was discovered in a knot in one of the shoe laces used to tie up the three eight-year-olds. "If Michael Moore or Christopher Byers had a piece of my hair on shoes strings, these little boys came to my home and played with our little boy pretty regularly," Hobbs said. e DNA results also revealed, according to court documents, that most of the DNA at the crime scene came from the victims, but some of it cannot be connected to the victims or the defendants.

The judge denied their motion for a new trial based upon the DNA, stating: The DNA testing results exclude the Petitioner as a source of most of the biological material tested todate, particularly from 1) a foreign allele from a penile swab of one victim 2) a hair recovered from a shoelace used to bind another victim, and 3) a hair recovered from a tree stump at the crime scene. The step father of one victim and a friend of his are, respectively not excluded as sources of the latter two items. The Petitioner also is excluded as the source of biological material from a pants cutting of one victim.

The court finds that the Petitioners DNA-Testing results are inconclusive because they do not raise a reasonable probability that he did not commit the offenses; that is, they are inconclusive as to his claim of actual innocence.

Later on, the Court said: The Court agrees with the State that the mere exclusion of the Petitioner as the source of some biological material
from the crime scene (including the four particular items on which he relies) neither establishes that he was not there nor that he was not a killer. Further, it says "Even apart from his own luke warm characterization of his results, it is evident from the balance of hispleadings that he is not actually relying on his results alone to overcome the threshold to obtain a hearing, much less relief. Instead his motion depends upon consideration of voluminous exhibits purporting to undermine the evidence of guilt from his trial. His reliance on those materials reflects a fundamental misunderstanding of the claim the can make and his burden to obtain relief under the statute.

The statute permits evaluation of claims of actually innocence supported by scientific testing, it does not permit reweighing of the trial evidence. The adequacy of that evidence to demonstrate his guilt is fixed, particularly in a case like this in which its sufficiency was challenged and resolved on direct appeal. Turning to another example, the facts of Dennis Dechaine's case are taken from Wikipedia: Dennis Dechaine was convicted of the abduction, sexual torture, and murder of Sarah Cherry, a 12-year-old girl. The crime happened on July 7, 1988 in Sagadahoc, Maine. Dechaine was convicted and is serving a life sentence without the possibility of parole.

Dechaine's pickup truck was found parked 450 feet from Cherry's body. Rope from the truck apparently had been used to bind the girl. Dechaine's
penknife was missing from his key ring. Dechaine's bandana had gagged the victim. In addition, two documents bearing Dechaine's name had been discovered in the driveway of the house where Cherry was baby-sitting before she was killed. During the search for Sarah Cherry, a state prosecutor contacted Dechaine's then trial lawyer, now deceased, after he had interviewed Dechaine, to ask two questions: whether Sarah Cherry was dead and whether the search was concentrated in the right place. According to the prosecutor, Attorney George Carlton gave affirmative answers to both questions and the answers proved accurate.

Prior to the trial, Dechaine petitioned a court two months before his trial to obtain DNA testing, at his own expense, to prove his innocence. The
judge denied his request, even though DNA testing was available at that time. Dennis Dechaine has summarized his own case as follows: "An unidentified man/men took four items from an unattended truck and used those items to kill Sarah Cherry and shift responsibility to the owner of the truck, Dennis Dechaine." The Innocence Project now represents Dechaine, but even with the DNA Test Results, they have been unable to get a new trial for Dechain. As an article in The Times Record states: A group called Trial and Error raised money to have the test done. Post-conviction DNA tests revealed another male's DNA under the victim's fingernails, yet the state of Maine refuses to permit any further tests. Further testing ruled out male family members, police officers or medical examiner office person