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2 years, 3 months ago about West Memphis Three

The West Memphis Three... are they innocent? or guilty as charged?

In 1994 Damien Echols, Jessie Misskelly Jr. and James Baldwin were tried and convicted of the murders of three young boys; Steve Branch, Christopher Byers, and Michale Moore. These murders also go by the name the Robin Hood Hills Murders.

Damien Echols awaits his execution on death row in Arkansas while Jesse Misskelly Jr. and James Baldwin are serving life sentences for these crimes.

+ Please source and summarize the prosecutions evidence against each of the West Memphis Three.

+ Please source and summarize the evidence presented in the defense of The West Memphis Three.

+ Please source and summarize any evidence against any other possible suspects.

+ Please provide all possible alternate suspects and explanations for the deaths of Steve Branch, Christopher Myers, and Michale Moore by what you have seen and understood in the case evidence

+ Please express here your own conclusion as to their guilt or innocence with regard to the evidence you have researched.

+ Do you think The West Memphis Three should get a new trial?

Please when writing an answer here use reliable sources and sufficient explanations of conclusions drawn by researching the information provided by these sources. Getting the best answer to this question will require good answers to all aspects of this question.
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owl's Avatar
owl | 2 years, 2 months ago
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The Case:
In 1993, three young boys, namely Steven E. Branch, Christopher M. Byers, and James Michael Moore were found missing and then their mutilated dead bodies were found. It was concluded that they were murdered.

Place:
Robin Hood Hills, West Memphis, Arkansas, USA

The Accused:
Three boys, namely Damien Echols, Jessie Misskelley, Jr. and Jason Baldwin.

Trial:
Began on 4th February, 1994 in Circuit Court.
Damien Echols & Jason Baldwin were tried together and Jessie Misskelley was tried separately.

Sentences:
Damien Echols – Sentenced to Death
Jessie Misskelley, Jr. – Life Imprisonment Sentence + 40 years (2 x 20 years sentences)
Jason Baldwin – Life Imprisonment Sentence

Criticism:
Soon after the accused were sentenced, the case received strong criticism for overlooking of evidences, prejudice, wrongful conviction and erroneous trial. The case drew attention of many celebrities, social workers, intellectuals & activities from around the world who demanded re-trial and freeing of the three accused.

Prosecutions Evidences:

Against Damien Echols:
i. He wore a black trench coat even in warm weather.
ii. There were rumors that he was interested in & read books on Paganism/Wiccan Religion & Satanic Cults.
iii. Listened to Metallica & other heavy metal bands.
iv. Wrote melodramatic, sad poems.
v. He received treatment for depression.
vi. He was arrogant & defiant during the trial.
vii. A green polyester fiber on James's cap was of a similar structure to those found on a blue cotton-polyester shirt, belonging to a child relative, found in Damien's home. Fibers from this same shirt also matched with one cotton and one polyester fiber found on James's blue pants.

Against Jessie Misskelley:
Nothing substantial except contradictory statements made by Jessie Misskelley after a grueling 12 hrs. police interrogation, as follows;

Statements Fact
i. Children & Baldwin were absent from School - They were present
on May 5th, noon
ii. The children were killed at noon, on 5th May - Seen alive 5-6 hours later
iii. The children were raped - No sign of rape was found
iv. Echols choked Byers with a wooden stick - No such sign was found
v. Baldwin & Echols had beaten the children - No such signs were found
vi. Victims were tied with brown rope - Actually tied with their own shoelaces
vii. Misskelley changed the time of incident twice; once from noon to 5-6 PM and then again to 8 PM, just because police said that the incident did neither took place at noon nor around 5-6 PM.

Against Jason Baldwin:
i. Nothing except a knife recovered by divers from the lake at the back of Jason Baldwin’s house, with no fingerprints or blood stains on it. Pathologists just opined that “Injuries found on one of the bodies was possible with a knife like that”, but no links were found to date between the knife and the injuries on the dead bodies.
ii. A witness from the State Crime Laboratory testified that a red fiber found on Jason's mother's robe was microscopically similar to fibers from James Moore's shirt.

Sources:
http://www.trutv.com/library/crime/notorious_murders/famous/memphis/evidence_7.html

Defense Evidences:
i. The defense counsel had presented their own fiber witness who disputed the similarity of the red fiber. It was shown that these fibers could have been matched to any number of items available for purchase at a local department store
ii. None of these articles of clothing could be definitely linked to the crime with fiber or blood samples.
iii. The forensic expert did not confirm that the injuries were from the knife recovered from lake at the back of Baldwin’s house.
iv. Baldwin & his ex-girlfriend Deeana Holcomb testified that once he owned a knife which had a different colour and had a compass in its handle. But the knife recovered had no sign of any compass.
v. On 27 October 2007, Echols’ lawyers filed a massive legal brief containing fresh forensic evidence and the results of DNA tests belatedly carried out on material from the children’s bodies, and the site where they were found. None of this DNA evidence links Echols, Baldwin or Misskelley to the boys, to their injuries or to the site – but it does link Terry Hobbs, the stepfather of Steven Branch.
vi. The tests show the presence of a hair, linked by DNA to Hobbs, in the ligature used to tie up Michael Moore. Another hair from a nearby tree had chromosomal DNA links to Hobbs’ friend, David Jacoby.
vii. Prominent Arkansas Attorney Files Sworn Affidavit Stating Jury Foreman Urged Other Jurors to Convict Based Upon False Confession
viii. The most important of these was his opinion that the patterned injuries all over Steven Branch's face were not the result of an attack with a serrated edge knife, as was originally believed, but were, in fact, bite marks. This opinion was confirmed by Dr Thomas David, a board certified forensic odontologist, who identified the marks as being human adult bite marks. After comparing these marks with bite impressions obtained from Jessie, Jason and Damien, Dr. David gave his expert opinion that they did not match.
ix. John Mark Byers did not present his teeth marks and replaced his original teeth set with
x. Some new possibilities/facts were given by Brent Turvey in his report, which are available here;
http://www.trutv.com/library/crime/notorious_murders/famous/memphis/evidence_11.html

Sources:
i. http://www.scoop.co.nz/stories/HL0804/S00202.htm
ii. http://freewestmemphis3.org/index.php?option=com_content&view=article&id=73&Itemid=64&28e5bbf660cb545fc854f5c048c7be7c=fc11b11f76d678b3f4c7755ec741637f

Facts/Evidences/Suspects Overlooked:
i. Mr. Bojangles: Despite finding an adult male African-American near the area of incident in highly suspicious condition (smeared with blood & mud and highly nervous, as he had defecated on himself and bleeding from his arm. He later escaped from the place before the police arrived. A hair belonging to some African-American male was also found on one of sheets used to wrap the victim’s bodies.
ii. James Martin Sr.: He was new to that area and was a known child-molester. Despite being a possible prime suspect, failing in polygraph test, describing the crime with minute details and despite having a history of antisocial behaviour and sexually assaulting his stepson & stepdaughter, he was not suspected by the police.
iii. John Mark Bayers: He did not present his teeth marks, to be matched with the bite-marks found on victims’ bodies. He also removed his original teeth-set and replaced it with an artificial one. This, despite being highly suspicious, was not considered by police. He gave different & contradictory statements regarding reason for removal of his original teeth set. Later, on Dec’ 19th 1993, he gifted a small utility type knife to Doug Cooper. According to the statements given by Berlinger and Sinofsky, Cooper informed them of his receipt of the knife on December 19, 1993. After the documentary crew returned to New York, Berlinger and Sinofsky reported to have discovered what appeared to be blood on the knife.
iv. Vicki Hutcheson: She stated that her statements were tailored & fabricated by police. Her son & victims’ playmate Aaron caused a lot of disturbances during her polygraph test and provided some useful details, but later gave wild contradictory statements.
v. Terry Hobbs & David Jacoby: DNA of the hair links to them, as discussed above.
vi. Some reports say that there was more than one person who attacked the victims. This theory goes well with the suspects Mr. Bojangles & John Mark Bayers.

Contradictions/Doubt/Questions:

i. Why Jessie Misskelley was tried separately and not with the other accused?
ii. Why was he promised a share of the reward to support police?
iii. Misskelley was reported close to mentally retarded, with an IQ of 72.
iv. The three jurors stated in affidavits that they had ignored an explicit direction from presiding Judge David Burnett that they should take no notice of a witness’ reference to the Miskelley confession, and strike from their minds anything they knew about it.
v. The police & the jury were biased towards Damien Echols just because of his appearance & his life-style. How could heavy metal music & black dress could be related to murder is still a question?
vi. Somehow it related issues of Devil/Satan with the judicial system.
vii. Jury Foreman engaged in shocking and illegal activity during trial.
viii. While the prosecution experts claim Byers' wounds were the results of a knife attack and that he had been purposely castrated by the murderer; the defense experts claim the injuries may have been the result of animal predation.

Later proceedings/Present Status:
i. On October 29, 2007, the defense filed a Second Amended Writ of Habeas Corpus, outlining the new evidence.
ii. In September 2008, Judge David Burnett (Circuit Court) denied Echols' application for a hearing on the new DNA evidence. Hearings for Baldwin and Misskelley were scheduled to continue in August, 2009.
iii. Echols' next stage in the legal process is an appeal to the Arkansas Supreme Court. Unless that court reverses the conviction, he will proceed to federal court on his pending writ of habeas corpus.
iv. The date of hearing is fixed on April’ 14th
v. The accused are still in prison, with Echols awaiting execution of death sentence.
vi. Many celebrities & noted personalities, particularly Johnny Depp, have stood in support of the accused, demanding their release.
vii. Here are some recent developments;
http://wm3.vox.com/

My Conclusion about guilt or innocence of the accused:
Despite there are many odds in the trial and judicial procedures, I don’t think that the boys are completely innocent, if not guilty of murder. They too are not beyond suspicion. If the case is re-opened, it should not proceed with a prejudice that these boys are completely innocent. That would not be proper either. An ideal judiciary system does not exclude anybody from the list of suspects until the facts are out.

My Opinion about re-trial:
It is hard to tell if the boys are really guilty or not, without studying the case in minutest details. But at the same time, it seems that proper justice was not done and many a things have been overlooked. So, without any prejudice (I am neither against the accused nor in their support), I sincerely believe that the case must be re-opened and should be re-considered under the light of every possibility. Let justice be done.

Souces:
i. http://www.scoop.co.nz/stories/HL0804/S00202.htm
ii. http://www.trutv.com/library/crime/notorious_murders/famous/memphis/evidence_7.html
iii. http://www.trutv.com/library/crime/notorious_murders/famous/memphis/evidence_11.html
iv. http://freewestmemphis3.org/index.php?option=com_content&view=article&id=73&Itemid=64&28e5bbf660cb545fc854f5c048c7be7c=fc11b11f76d678b3f4c7755ec741637f
v. http://www.wm3.org/CaseIntroduction/Page/BRIEF-OVERVIEW
vi. http://en.wikipedia.org/wiki/West_Memphis_3

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buddawiggi | 2 years, 2 months ago Report

Great answer @owl Thank you for researching, gathering, summarizing this information and thank you for your unbiased opinion and conclusions drawn from this collection of research. You have really done a great job at putting all of this in one place for me. Excellently done and thanks again.

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owl | 2 years, 2 months ago Report

Thanks a lot everybody!

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balinesecat | 2 years, 2 months ago Report

Great summary ... though I disagree with your idea that the boys are likely to have been guilty. I've followed this case through the years, and always felt it was such a tragic mistake. There can be no real "justice" at this point, because how could you possibly place a value on wrongful incarceration for so many years of people's lives?

If I were placing a bet, my money would be on John Mark Bayers...

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owl | 2 years, 2 months ago Report

Thank you very much @buddawiggi & @balinesecat! Your comments & feedback really matter to me, be it positive or negative.

As for you @balinesecat! It is good to see that you disagree with my idea of the boys not being completely innocent. Such things (debates, disagreement, argument etc.) are healthy for this community. But at the same time, I said "An ideal judiciary system does not exclude anybody from the list of suspects until the facts are out." and I meant to say that where there is smoke, there must be some fire. I think the boys at least know something.

Finally, I totally agree with your betting on John Mark Bayers... I see him as one of the prime suspects. There are ample of reasons behind it. Criminology says that a totally unknown/stranger hardly murders somebody who is unknown to him/her, because then he/she has no motive/reason to kill (except in wars). In this case, John Mark Bayers was step-father of Christopher M. Bayers and so he might have some reason/motive. Further, generally step-fathers are seen not emotionally attached with their step-sons/daughters and often assault them physically. John Mark Bayers was convicted before also and later became a informer for police.

Although I don't want to sound prejudiced, but somehow, it appears that John M Bayers was assaulting/trying to assault Christopher M Bayers physically/sexually when the other two victims saw him doing that. To hide the matter, he attacked the other two boys too and might have killed them with help from another person (perhaps, Terry Hobbs or Mr.Bojangles).

Anyway, let the time bring out the truth. As I said earlier, it will not be proper to say/predict anything without going into the minutest details of the case, which is not possible sitting at home.

So, let justice be done.

Thanks for your responses.

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idonttweeet | 2 years, 3 months ago
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In their heyday, the West Memphis Three case incited a media firestorm which ultimately lead to both a major legal debacle and their own incarceration. For this reason, their case is still mentioned even today as organizations--and even celebrities--fight to free the mistried teenagers.

The bulk of the prosecution's evidence relies on three things: rumors, a knife, and Misskelley. At that time, rumors of Satanist cults had been sweeping the country. In the conservative West Memphis, many citizens believed that Damien Echols was a member of a cult such as this due to his wearing of all-black and his interest in the Wiccan religion (3). For this reason, many investigators were biased and focused more on Damien (and less on the other potential suspects) as a result. As for Jason Baldwin, divers found a knife in the lake behind his house which a state pathologist claimed that the wounds on the victims "could have been made with a knife like it" (2). Without the statement from the pathologist, however nothing could have connected the knife to the defendants. Finally, Jesse Miskelley's testimony, which contained many contradictions to the actual evidence (Miskelley claimed he had chased one of the boys, while evidence did not support his claim) added to the credibility of the prosecution. Miskelley believed his help would be rewarded; however, it only caused his own incarceration.

The defense knew that there was a considerable amount of evidence against them, as well as jury bias. One jury foreman claimed that the Miskelley testimony was a main factor in his decision even though the testimony was supposed to have been thrown out of the Baldwin and Echols trial. The defense put Damien himself on the stand. However, being a teenager, he acted very arrogantly (he himself states this in source 2) and only further aggravated the prosecution. Nowadays, however, the defense is focusing on DNA evidence of hairs found at the crime scene which link Terri Hobbes (Steve Branch's stepfather) and his friend David Jacobi to the scene of the crime.

Two other main suspects still currently linger in the minds of criminal experts, however. Both John Mark Byers and a suspicious man only known as "Mr. Bojangles" still remain as potential murderers in the Memphis Three case. The main evidence against John Mark Byers resides in the finding of bite marks on one of the murdered boys. Each of the three teenage suspects' dental records were compared, but none matched the bite marks on the boy. John Mark Byers offered his false teeth, but he had recently had his natural teeth removed and did not have false teeth at the times of the murders. The other possible suspect, known as "The Bojangles Man" or "Mr. Bojangles", seems a much more likely suspect than any of the three teens. A black man approximately 5'11", covered in blood, stumbled into the ladies' room of the local restaurant "Bojangles" (1). Authorities did not obtain samples from the restaurant until a day later, and soon after collecting them, completely lost them, resulting in another police blunder (2). Even so, the DNA testing used by the defense might make Hobbs and Jacobi the leading potential suspects in the crime.

In my opinion, the lack of physical evidence, the considerable amount of bias surrounding the trial, the countless blunders by state officials, and the statements by Damien contained in the 48 hours episode (source 2) show there is simply not enough evidence to accuse Echols, Baldwin, or Miskelley of any of the murders. I believe that the West Memphis three simply had all the wrong things happen to them at the wrong time and are therefore innocent. Because of the intense blunders of the legal system, the West Memphis three at least deserve a new trial so an unbiased jury--and unbiased authorities--can fairly decide if the three are guilty or not.

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buddawiggi | 2 years, 2 months ago Report

@idonttweet I chose the answer by @owl as best but sent you a tip of 5 Mahalo dollars for doing a great job too. I would like to thank you for doing great job as well. Great answer.

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buddawiggi | 2 years, 3 months ago Report

You and I agree on ..well everything. I sincerely hope these convicted teens now middle aged men will at the very least get a new trial and at thee most a very public apology and restitution for lost time.. I know that is asking a lot of the Arkansas government and court system but the witch hunt and conviction of these West Memphis Three is appallingly middle ages and bluntly absurd.

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saumyaanushani | 2 years, 2 months ago
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The West Memphis 3 is the name given to three teenagers who were tried and convicted of the murders of three children in the Robin Hood Hills area of West Memphis, Arkansas, United States in 1993. Damien Echols was sentenced to death. Jessie Misskelley, Jr., was sentenced to life in prison, plus 40 years (he received two 20-year sentences in addition to the life sentence). Jason Baldwin was sentenced to life imprisonment.

The case has received considerable attention. Their supporters believe the arrests and convictions were a miscarriage of justice and that the defendants were wrongfully convicted during a period of intense media scrutiny. The defendants remain imprisoned, but legal proceedings are ongoing. As of July 2007, new forensic evidence was being presented in the case.

A status report jointly issued by the State and the Defense team on July 17 states, "Although most of the genetic material recovered from the scene was attributable to the victims of the offenses, some of it cannot be attributed to either the victims or the defendants." On October 29, 2007, the defense filed a Second Amended Writ of Habeas Corpus, outlining the new evidence.

In September 2008, Judge David Burnett (Circuit Court) denied Echols' application for a hearing on the new DNA evidence. Hearings for Baldwin and Misskelley were scheduled to continue in August, 2009.

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unknown999 | 1 year, 9 months ago Report

FREE THE WEST MEMPHIS THREE!!!! THEY ARE INNOCENT I DONT CARE WHAT NEONE SAYS I TRUELY BELIEVE THAT AND WHEN YOU HAVE THE PARENTS OF THE VICTIMS SAYING THEY ARE INNOCENT THAT SHOULD MAKE YOU WONDER AND WANT TO GO BACK AND REEVALUATE THE CASE

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buddawiggi | 2 years, 2 months ago Report

Hi there and welcome to Mahalo.
All of this information was copy and paste directly form Wikipedia.
http://en.wikipedia.org/wiki/West_Memphis_3
Please have a look at Copying and Pasting on Mahalo to learn how to better cite a source or reference.

There are at least 6 parts of the question above that need to be addressed in your answer.. which MUST be written in your own words to be considered complete.

If you would like to re-answer within these comments then feel free to do so using your own words and your own ideas. I was NOT looking for anything copy and pasted.

~Please source and summarize...etc etc

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fishmongerdave | 1 year, 4 months ago
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It's too much to summarize in one post here.

The West Memphis Three are innocent. There is *no* reliable evidence to support a belief to the contrary. The forensics and strong circumstantial evidence that has come out over the past 17 years supports a case against Terry Hobbs, the abusive stepfather of victim Stevie Branch.

Anyone interested in keeping up with the latest (and getting answers to all the questions in your post) should visit the website co-run by Mark Byers', the father of one of the victims who, like the rest of the victims' families (with the exception of the Moores), vocally support the innocence of the WM3 -- http://www.wm3blackboard.com

Justice for 6 = Free the 3 & arrest the 1

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