Categories
News News Blog News Feature

West Memphis Three Team Takes Evidence Case to Arkansas Supreme Court

Damien Echols, a host of attorneys, and two advocacy groups have appealed to the Arkansas Supreme Court to allow for testing of evidence in the West Memphis Three (WM3) case. 

The West Memphis Three includes Echols, Jason Baldwin, and Jessie Misskelley. The three were arrested and convicted in the ’90s as teenagers in West Memphis, Arkansas, for the murders of three young boys — Steve Branch, Christopher Byers, and Michael Moore. The WM3 were released in 2011 with an Alford plea, a guilty plea that allowed them to go free and maintain their innocence. 

Since then, Echols and a legal team have been searching for who they say are rightfully responsible for the murders. A year after their release, for example, the group offered a $200,000 reward for any new information that might lead to the real killer or killers. 

In 2020, Echols and his attorney secured the release of evidence in the case for testing. They wanted to use a new technology, the M-Vac DNA system, that was not available at the time of the original crime to probe for new evidence.

In December 2021, Echols’ attorney Patrick Benca of Little Rock visited the West Memphis Police Department and found that all of the evidence — once rumored to have been destroyed in a fire — was all there and intact. 

This included the target of that new testing, the young boys’ shoelaces that had been used to tie their arms and legs. It also included the victims’ shoes, socks, Boy Scouts cap, shirts, pants, and underwear, and the sticks used to hold the clothing underwater. The team had even chosen a lab to perform the testing, Pure Gold Forensics in California.

However, officials changed their minds on releasing the evidence. Through a series of legal challenges since then, Arkansas officials have continued to block Echols’ access to the evidence.      

In January, Echols’ team of lawyers appealed to the Arkansas Supreme Court for the right to the evidence. National advocacy groups, The Innocence Project and The Center on Wrongful Convictions, filed motions friendly to Echols’ cause in the matter.   

They are fighting a number of legal arguments made by Arkansas officials that claim Echols did not file previous suits in the right courts, that he does not have the right to see the evidence because he is not in prison, and more. 

But Echols’ teams says the testing is, fundamentally, about public safety.  

“After all, if innocent persons have been wrongfully convicted, then the guilty persons have obviously not been convicted,” reads the January appeal. “Take this case for example. If, as they have steadfastly maintained for almost three decades now, the WM3 did not commit these murders, then the person(s) who did so remains in the community — murderers at large, putting us all at risk.”

However, Dylan Jacobs, the deputy solicitor general in the Arkansas attorney general’s office, said in a May brief that Echols should not have this right, arguing Echols has already used up plenty of the state’s time and resources. 

“Yet over a decade after his release, Echols now seeks to further waste judicial resources to challenge the conviction he negotiated for,” Jacobs wrote. “He should not be allowed to. The [Arkansas] General Assembly made post-conviction DNA testing available to set free innocent prisoners, not recenter the limelight on freed felons.”

For the last part, at least, Echols’ attorney said in a late-May rebuttal that “nothing could be further from the truth.” The timing of the new petition, he said, was based on new technology, not on “the state’s hypothesized interests.”

That brief ends with a pointed conclusion. 

“It is evident from the state’s brief how bitterly the Attorney General’s Office feels toward Echols,” it reads. “But how would it feel if new DNA testing identified an individual other than Echols as the perpetrator of these crimes? 

“Would it celebrate the criminal justice system’s correction of a horrible error? Or, would it bemoan the loss of its trophy conviction of Echols and the West Memphis Three? The answer unfortunately seems readily apparent, albeit one contrary to the public prosecutor’s role to ensure ‘that justice shall be done … guilt shall not escape or innocence suffer.’”

The Innocence Project has started a global petition for support to help Echols bring his case to the court. 

Categories
News News Blog News Feature

Prosecutor Moves to Block DNA Test in West Memphis Three Case

The lead prosecutor now working the West Memphis Three lawsuit asked a judge to deny a new request to test evidence in the case. 

Damien Echols, one of three people convicted of 1993 murders committed in West Memphis, asked the Crittenden County Circuit Court to allow the new testing in a petition filed last month. Specifically, Echols wanted the ligatures — the shoelaces used to tie the young victims’ arms and legs — to be tested with new DNA collection technology. 

Keith Chrestman, the prosecuting attorney in the case based in Marion, said Echols’ request does not meet legal standards and “we must follow the law.” Among other things, Chrestman said a hearing on such matters must be held in the court where the conviction was entered, Chrestman wrote, and Echols’ conviction was handed down in Craighead County, not Crittenden.

In addition, he claims in his response to Echols’ request that, “Under statutory law, if new DNA testing — like [the] defendant seeks — excludes him, the circuit court has two options: grant a new trial or resentence. When a defendant has completed their sentence, it makes no sense to grant them a new trial. Nor does it make sense to resentence them. Here [the] defendant has completed his sentence. He’s no longer a prisoner. So for [the] defendant … habeas corpus writ isn’t an available remedy.”

Echols and his attorney want to test the evidence with new, M-Vac technology. The company behind the process said comparing its system to previous methods of extracting DNA samples from evidence is like comparing a push broom to a carpet cleaner. 

However, Chrestman said using the new tech would require the court to determine whether or not it is a generally accepted testing method. Also, it must be proven that the new method of testing would not damage the evidence, as such evidence must be preserved, and the M-Vac method would “forever alter the physical evidence.” 

Further, Chrestman said Echols must prove that testing the evidence would establish “actual innocence,” not to support a “theoretical defense.” He set out several pieces of “substantial evidence of [Echols’] guilt” shown to the jury at the original trial. For example, he said Echols knew facts about the case not available to the general public. Also, witnesses said that Echols had confessed to the killings and was near the scene at the time of the murders.       

In response to Chrestman’s statement, Echols tweeted, “Arkansas continues to follow the path of corruption they set out on from the very beginning of this case.”

Categories
News News Blog

New DNA Tests Sought In West Memphis Three Case

New DNA testing has been requested in the West Memphis Three case for recently rediscovered evidence once claimed to be lost or burned. 

Damien Echols, one of three convicted of 1993 murders committed in West Memphis, asked the Crittenden County Circuit Court to allow the review in a petition filed Monday. Specifically, he wants the ligatures — the shoelaces used to tie the young victims’ arms and legs — to be tested with new DNA collection technology. 

Echols hopes new clues from the analysis could exonerate himself, Jason Baldwin, and Jessie Misskelley, known collectively as the West Memphis Three. The three were teenagers when they were accused and convicted of the murders of three younger boys, Steve Branch, Christopher Byers, and James Moore. The West Memphis Three were released in 2011 after they entered Alford pleas, which allowed them to claim their innocence but also admit prosecutors had enough evidence to prove their guilt to a jury. 

“Echols knows that his DNA is not on those ligatures because he had no role in committing these murders,” reads the petition from Echols’ attorney Patrick Benca of Little Rock. “Others might not be so certain, though, and who those others are surely needs to be determined if it can be ‘in the interests of justice.’”

The petition comes after evidence in the case was rediscovered in December. Echols tweeted at the time that “we know that none of the evidence was destroyed,” and “my attorney was in the evidence room this morning and saw it with his own eyes. Every piece is still there.” 

The petition also outlines the tough and lengthy process required to find that evidence; namely, the ligatures used in the murders. In 2020, a true crime documentary asked if new DNA testing methods might yield new results in the case. Scott Ellington, the prosecutor in the case, “balked” at the idea at the time, according to the petition. 

One of Echols’ attorneys later asked Ellington about testing the evidence again, and at that time the prosecutor “had no problem” with the idea. The two agreed on the evidence to be tested: “the victims’ shoes, socks, Boy Scout cap, shirts, pants, and underwear, as well as the sticks used to hold the clothing underwater, and the shoelaces used as ligatures to bind the victims,” according to the petition. They even selected a private California laboratory to run the tests. But none of the evidence was ever transferred, no explanation was ever given, and “it just never occurred.”

In March, Ellington was elected to a new position. He was replaced as prosecutor by Keith Chrestman, to serve until the end of 2022. 

Chrestman, the new prosecutor, told Echols’ attorney that some of the evidence in the case had been “lost” after the three entered their Alford pleas. Some of the evidence was “misplaced,” according to the court papers, and some of it “was destroyed by fire” in a building fire.

Chrestman also told attorneys that the court had jurisdiction over the evidence and those officials would have to grant authority to see it. Still, he asked the West Memphis Police Department (WMPD) to catalog any remaining evidence. Chrestman did not respond to emails or requests from Echols’ attorneys after April 2021, they said. 

Those attorneys filed a Freedom of Information Act (FOIA) request against the WMPD to see the evidence. In fall 2021, West Memphis city attorney Michael Stevenson invited Echols’ attorney, Benca, to a WMPD evidence storage facility “to ascertain what was there and what was not.” 

“That visit proved productive with the finding of the most important evidence for present purposes — the ligatures used to bind the murdered children — misfiled at the police department,” Benca wrote in the petition. 

Echols and his attorney are now asking for those ligatures, the little boys’ shoestrings, to be tested using the “M-Vac system.” Company officials describe it as “kind of like comparing a hand broom to a carpet cleaner,” when it comes to collecting material that might contain DNA. 

Benca said the shoestrings already provided biological material used as evidence in the case, which is not surprising “given that the ligatures are the pieces of evidence that we can most confidently say were necessarily handled by the killer(s) who wrapped them around the victims’ limbs and then knotted them into place.”

“No one knows, of course, whether additional testing of the ligatures with the new M-Vac DNA collection technology will lead to the recovery of new DNA samples for testing or not,” Benca wrote. “But one thing for certain is that such evidence will definitely not be found if testing with this new technology is not done.”

Categories
News News Blog News Feature

West Memphis Police Chief Resigns, Some Say on New West Memphis Three Evidence

Michael D. Pope, the chief of the West Memphis Police Department (WMPD), has resigned after some claim evidence was found in the West Memphis Three case, according to Damien Echols, one of the three boys convicted of murder in 1994.

Calls for confirmation to the WMPD and West Memphis City Hall were not immediately returned.

Echols, Jessie Misskelley Jr., and Jason Baldwin were convicted of killing three boys in a Satanic ritual. New DNA evidence found in 2010 allowed the three to negotiate a plea bargain. In 2011, they left prison after entering Alford pleas. 

WMPD Chief Michael Pope resigned in a letter dated December 7th. Pope said he’d leave the post on December 24th. In the letter, Pope said his resignation comes as “I have other endeavors and goals that are pointing me in a different direction.” Pope took the job six months ago. 

However, Echols said on Twitter Tuesday, “The chief of police [Pope] was not truthful. He has now resigned, and we know that none of the evidence was destroyed. It can now be tested, to see who left DNA at the crime scene. My attorney was in the evidence room this morning and saw it with his own eyes. Every piece is still there.” 

Mara Leveritt, an investigative journalist who wrote The Devil’s Knot, a book about the West Memphis Three case, quoted Echols’ attorney in a tweet Tuesday. He said, “Patrick Benca, an attorney for Damien Echols, said he’s been advised that WMPD Chief Mike Pope resigned. Benca was in [West Memphis] this morning to examine evidence in the case of the [West Memphis Three], some of which was reported missing. Benca texted, ‘We found the ligatures. We got what we needed.’”

The Arkansas Justice Project, an online crime watch news source, shared the news saying, “We have received reports that the police chief of the West Memphis Police Department has resigned after someone suddenly located the evidence related to the West Memphis Three case. More importantly, they have all the ligatures. They have all the evidence. 

“We are also calling for criminal charges for anyone involved in the coverup and obstruction, including police officers, prosecutors, judges, and whoever else was involved in this scam.”

The Truth and Justice podcast tweeted texts from Echols.

Categories
News News Blog

West Memphis Three Freed

“I’m still very much in shock. I’m still overwhelmed. I spent the last decade in solitary confinement. I’m not used to being around anyone, especially this many people,” said Damien Echols, from a press conference announcing his freedom and that of Jason Baldwin and Jessie Misskelley Jr. after the three served 18 years for the homicide of three eight-year-old boys from West Memphis, Arkansas.

Damien Echols, Jessie Misskelley Jr., and Jason Baldwin

  • Damien Echols, Jessie Misskelley Jr., and Jason Baldwin

Surrounded by their attorneys and supporters Natalie Maines of the Dixie Chicks and Pearl Jam’s Eddie Vedder, Echols, Baldwin, and Misskelley timidly addressed the crowd of reporters inside the Craighead County Courthouse in Jonesboro, Arkansas on Friday morning, just moments after the three entered an Alford Plea allowing for their release from prison. The West Memphis Three have been in prison since 1993 after they were convicted of killing Stevie Branch, Michael Moore, and Christopher Byers.

An Alford Plea is a guilty plea where the defendant does not admit the act and asserts innocence. Under the Alford plea, the defendant does admit that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt.

Prosecuting attorney Scott Ellington said a 2010 Arkansas Supreme Court ruling brought to light the possibility that the defendants could receive a new trial, and allegations of misconduct on behalf of a juror in the Echols-Baldwin trial could have resulted in a new trial being ordered by the circuit or federal court.

“I further believe it would have been impossible to put on a proper case against the defendants in this particular case after 18 years of extended litigation,” Ellington told reporters. “Even if the state were to prevail in a new trail, sentences could be different and the appeals process would begin all over again.”

Other contributing factors to the state’s acceptance of an Alford Plea include the fact that two of the victims’ families have sided with the defense, the mother of one witness who testified against Echols has publicly doubted her daughter’s truthfulness, and the state crime lab employee who collected fiber evidence in the Echols and Baldwin homes after their arrests has died.

“Today’s proceedings allows the defendants the freedom of speech to say they are innocent, but the fact is, they just plead guilty. I strongly believe that the interests of justice have been served today,” said Ellington, who claimed he still believes the three are guilty of the murders.

Ellington said the Alford Plea does allow the state to file new charges if new evidence arises.

“[The Alford Plea] is not perfect by any means,” said Echols, seated alongside wife Lori Davis. “But it brings closure in some aspects.”

Baldwin’s attorney Blake Hendrix told reporters that Baldwin was initially resistant to pleading guilty, but decided to make the plea to free his friend Echols from death row. Baldwin and Misskelley were serving life sentences.

“There are many reasons Jason made this decision, but one was taking one man off of death row. He saved a man’s life,” Hendrix said.

“[Damien] has had it so much worse than I have. I’m just glad he’s out and now he’ll be with his wife,” Baldwin said.

Echols told reporters he was “just tired” because he hadn’t slept in four days, since he learned he would soon be a free man. Davis said she was “thrilled with the results.”

“Three men are free,” Davis said. “And I have this man I love very much.”

* Natalie Maines and Eddie Vedder showed up to support the West Memphis Three.

  • Natalie Maines and Eddie Vedder showed up to support the West Memphis Three.

Photos by Morgan Jon Fox.

Categories
News

New Film, Public Forum on West Memphis 3 Set for Tuesday in Little Rock

There will be a public forum and a screening of a new film on the West Memphis Three case Tuesday night (Dec. 11) in Little Rock.

The event is being held on the 33rd birthday of Damien Echols, who is on death row for the murders despite what forum organizers are calling “strong scientific evidence of his innocence.”

Tuesday night’s event will include a film screening on the case and the new evidence, a question-and-answer session on the case, and the campaign to help free the three men who were convicted in 1994.

The meeting will also include a letter-writing session and petition-signing targeting Arkansas Governor Mike Beeebe and Attorney General Dustin McDaniel.

“Evidence = Innocence. Arkansas Take Action!” is a campaign that started in late November to harnesses community support for the West Memphis 3.

“We have been overwhelmed by public support over the last two weeks, and this event will bring together existing supporters while reaching more people who want to learn how they can help correct this grave injustice,” said Capi Peck, a small business owner in Little Rock who is coordinating the campaign.

“As we celebrate Damien’s birthday and enjoy the holidays with our friends and families, we are more hopeful than ever that justice will finally prevail in this case.”

The meeting will be from 7-10 p.m. at the Market Street Cinema, 1521 Merrill Drive, Little Rock. Donations of $10 per person to attend the screening will benefit the West Memphis Three
Defense Fund. For more info go to the organization’s website.

Categories
News

Dixie Chicks’ Natalie Maines Issues Call to Protest Convictions of West Memphis Three

Natalie Maines of the Dixie Chicks is the latest celeb to take up the cause of the West Memphis Three — Damien Echols, Jesse Miskelley, and Jason Baldwin — who were convicted for allegedly murdering three eight-year-old boys in 1993.

Maines writes on the Dixie Chicks website: I’m writing this letter today because I believe that three men have spent the past 13 years in prison for crimes they didn’t commit.

On May 5th, 1993 in West Memphis, Arkansas three 8 eight-year-old boys, Steve Branch, Christopher Byers, and Michael Moore were murdered.

Three teenage boys, Damien Echols, Jesse Misskelley, and Jason Baldwin were convicted of the murders in 1994. Jason Baldwin and Jesse Misskelley received life sentences without parole, and Damien Echols sits on death row.

I encourage everyone to see the HBO documentaries, Paradise Lost and Paradise Lost 2 for the whole history of the case.

I only discovered the films about 6 months ago, and … I immediately got online to make sure that these three wrongly convicted boys had been set free since the films were released. My heart sank when I learned that the boys were now men and were still in prison. I couldn’t believe it.

I searched for answers as to what had been done and what was being done to correct this injustice. I donated to the defense fund and received a letter from Damien Echols wife, Lorri. She is a lovely woman who has dedicated her time and heart to her husband. I was glad to hear that after so many years of fighting for justice it looked like things were finally happening. Below, I have written what the DNA and forensics evidence shows. I hope after reading it and looking at the WM3.org website, you will know that the wrong guys are sitting in jail right now, and feel compelled to help.

Go the Dixie Chicks website to read the rest. And to read a Flyer story on the WM3, go here.

Categories
News The Fly-By

Defense Theory

During the 1994 trials of Damien Echols, Jason Baldwin, and Jesse Misskelley Jr. — collectively known as the West Memphis Three — there was a mystery that neither the prosecution nor the defense could explain.

Though the penis of Christopher Byers, one of three 8-year-old boys found hog-tied and murdered in a West Memphis ditch in 1993, was removed, there was no blood found at the scene.

In a 500-plus page document filed with the court October 29th, Echols’ defense team attempts to explain the lack of blood. It also reports DNA results of hair and other material found at the crime scene.

“People look at this terrible genital injury and say, where’s all the blood?” said Dennis Riordan, a San Francisco-based attorney who took Echols’ case in May 2004. “But if [Byers] drowned before he was subjected to this wound, it wouldn’t bleed.”

The document suggests that the boys were drowned in a creek, and then an animal, perhaps a dog or raccoon, removed Byers’ penis.

“Have you ever been at the scene where a dog has killed a person? There’s no blood because, for the animal, that’s the whole point,” Riordan says.

Forensic pathology studies show that other wounds on the boys are consistent with those caused by animal claws and teeth.

During the trials, the prosecution suggested the murders of Byers, Stevie Branch, and Michael Moore were part of a Satanic ritual led by Echols. He was given the death penalty. Baldwin and Misskelley were both sentenced for life.

In July, news broke that DNA tests had linked hair in a shoelace used to hog-tie the boys to Terry Hobbs, Branch’s stepfather. Another hair found on a nearby tree stump was linked to Hobbs’ friend, David Jacoby.

In 2003, Echols’ lawyers began DNA tests on existing evidence. Arkansas did not allow DNA testing on closed cases until 2001.

According to Gabe Holstrom, spokesperson for Arkansas Attorney General Dustin McDaniel, it could take months for the state to study the report.

“While the state will look at the new allegations and evidence objectively, it stands behind the conviction of Echols and that of his co-defendants,” Holstrom said.

Since the papers were filed in Echols’ case, a new trial for Echols would not necessarily mean a new trial for Baldwin or Misskelley.

“But,” Riordan says, “it would have a tremendous effect on what the state decides to do with the other two.”

Categories
News

West Memphis Three on TV

While it’s not exactly Law & Order‘s “ripped from the headlines” approach, it looks like the CBS show Cold Case will be basing a future episode on the 1993 West Memphis murders of three young boys.

Maureen Ryan, television critic for the Chicago Tribune notes the resemblance between the Cold Case plot and the West Memphis case, which resulted in the conviction of Damien Echols, Jessie Misskelley, and Jason Baldwin, also known as the West Memphis Three. The murders and subsequent trials have been the subject of two documentaries and several books. The West Memphis Three have become something of a cause celebre among well-known musicians and many others who believe Echols, Misskelley, and Baldwin were wrongly convicted.

The Cold Case episode, scheduled to air on September 23rd, is called “Thrill Kill” and will follow the investigation of a 1994 case of two “seemingly nihilistic” teens who were convicted of murdering three 10-year-old boys.

The episode will also feature eight songs by Nirvana.

Categories
Cover Feature News

Life After Death

The Robin Hood Hills child-murder crime scene has grown incredibly cold in 13 years. Even the morbidly curious college students finally stopped haunting the drainage ditch behind the Blue Beacon Truck Wash in West Memphis, Arkansas, where 8-year-olds Christopher Byers, James Michael Moore, and Steven Branch were found killed and mutilated on May 5, 1993. “We tore that old place down,” says a Blue Beacon worker. He refuses to discuss the murders and won’t give me his name. “It’s over with, and I’m not allowed to talk about it. All these years later, I’m still trying to figure out if those three kids that got killed were the same kids we told not to play here that day because of the trucks.”

When I ask him if he believes they got the guys who did it, he hangs up.

The town has moved on. But questions about the murders and subsequent convictions of three West Memphis teenagers linger, many of them raised by two HBO documentaries, Paradise Lost: The Child Murders at Robin Hood Deirdre O’Callaghan

Damien Echols

Hills and Paradise Lost 2: Revelations.

Paradise Lost documentarians Joe Berlinger and Bruce Sinofsky (who both also directed Metallica: Some Kind of Monster) first chronicled the 1994 Arkansas trials and subsequent convictions of three West Memphis teenagers — Damien Echols, Jason Baldwin, and Jessie Misskelley — now known as the West Memphis Three. (Baldwin and Misskelley got life. Echols got the death penalty.)

The follow-up, Revelations, revisits West Memphis for Echols’ ill-fated state appeals and also highlights the earliest efforts of a now-worldwide network of WM3 supporters, led in the beginning by three Los Angeles advocates from the film industry: Kathy Bakken, Burk Sauls, and Grove Pashley.

And interest in the case is still growing. Sinofsky and Berlinger’s Paradise Lost 3 is slated for release sometime this year, and Dimension Films plans to release a film in 2007, which will be based on the book Devil’s Knot: The True Story of the West Memphis Three by Arkansas-based investigative journalist Mara Leveritt.

Paradise Lost turned the West Memphis Three into icons. Supporters say it’s impossible to watch the documentary and miss the awful sense of American justice gone wrong, that the only crime the West Memphis Three ever committed was sticking out as black-clad outsiders in 1993 in a small Southern town.

“What struck me was that I kept thinking I was watching a movie with character actors,” recalls former Black Flag singer Henry Rollins. “The things the prosecution was saying, their witnesses, it was all so hopelessly stupid and sad. Justice got a black eye in those trials.”

Rollins is one of an ever-growing list of celebrity WM3 supporters that includes Johnny Depp, Eddie Vedder, Jello Biafra, Winona Ryder, Jack Black, Steve Earle, Trey Parker, and Metallica — to name a few — whose fund-raising efforts include concerts, art benefits, and compilation CDs. In 2002, Rollins released Rise Above, a CD of 24 Black Flag songs performed by various artists including Tom Araya (Slayer), Lemmy (Motörhead), Nick Oliveri (Queens of the Stone Age), Corey Taylor (Slipknot), and Ice-T, with all proceeds going to the West Memphis Three defense. The support Web site wm3.org, which is run out of Los Angeles, has received more than 3,485,769 visitors as of this writing.

Jason Baldwin

Today, West Memphis advertises itself as “a hometown feeling with big-city attractions,” a description you can read on the town’s chamber of commerce Web site or just glean by counting churches and ministries that line the residential streets. But West Memphis is also a known drug hub, where cops regularly seize illegal guns, pounds of marijuana, and kilos of cocaine at the West Memphis cargo inspection station, described by the National Drug Intelligence Center as one of the two busiest in the nation.

“I would characterize West Memphis as a place where a lot of folks travel through,” says spokesperson Steve Frazier of the FBI in Little Rock. “It’s a crossroads, a highly traveled city, and sometimes that brings the criminals who travel I-40.”

Jessie Misskelley

Yet, when the bludgeoned bodies of three small children were found in a drainage ditch behind the Blue Beacon Truck Wash, local police convinced the public that three impoverished local teens were good for the killing. This was accomplished with a stunning lack of evidence, the West Memphis Three advocates say. Moreover, it was accomplished within one day.


The sign of the cross

Christopher Byers, James Moore, and Steven Branch first went missing on the evening of May 5, 1993. According to John Mark Byers, the boy’s stepfather, Christopher had misbehaved at Weaver Elementary School and was sent home. “I spanked him three times with my belt with his pants up,” Byers recalls. And then he told the child not to leave the house. When Byers returned home at 6 p.m., Christopher was not there. Byers first told a cop that Christopher was missing at 6:30 that night and then was the first parent to report to the West Memphis police at around 8 p.m.

The children’s bodies were discovered in the ditch on the afternoon on May 6th. All three were naked and had received multiple head, limb, and torso injuries; they were hog-tied with shoelaces binding their wrists to their ankles. Steven Branch had bite marks on his face. It was determined that both James Moore and Steven Branch had drowned and suggested that Christopher Byers had drowned as well. Of the three, Christopher Byers had sustained the most violent injuries, including what appeared to be a sexual assault. He had a skull fracture at the base of his neck, stab wounds on his genitals; his penis was skinned and the killer had removed the child’s testes and scrotum.

One day later, the West Memphis Police Department had a motive — ritual child sacrifice, a profile of the killers, who they decided were probably members of a satanic cult — and three suspects: local heavy-metal fans Damien Echols (18), Jason Baldwin (16), and Jessie Misskelley (17). At noon on the following day, they visited the Broadway Trailer Park residence of Echols and began questioning him.

Jessie Misskelley has an IQ of 72, an indicator of mild mental retardation. On June 3rd, West Memphis police investigators questioned Misskelley about his role in the heinous crimes. The interrogation lasted 12 hours. Misskelley was never provided legal counsel or allowed to call his family. Only about the last hour of this was recorded, during which Misskelley confessed, implicating himself, Echols, and Baldwin in the murders.

The Misskelley statement was riddled with errors. He repeatedly got the timeline wrong. First he said the murders had occurred at 9 a.m., which would have been impossible as the children were all accounted for at school. Then he changed it to noon — also impossible.

Misskelley recanted his statement almost immediately, and his public defender, Dan Stidham, said that the only reason his client confessed was because he thought he could get the $50,000 reward. But within a day, the three teenagers were formally charged with murder.

Misskelley was tried and convicted in February 1994, but since he refused to testify against his friends, his statement was ruled inadmissible in the Baldwin/Echols trial. That commenced within the month, with Berlinger, Sinofsky, and the HBO cameras following every step of the way. “We thought we were going there to make a real-life River’s Edge and that these kids were guilty,” recalls Sinofsky. “We wanted to look into why they would commit such a heinous crime. When we realized they were innocent we went back to HBO and let them know it had gone in a different direction. We said we were kind of thinking the stepfather John Mark Byers did it. He was a fighting kind of guy, and one time he even said to us, ‘Just remember, boys, it all started here.'”

In March 1994, Echols and Baldwin were convicted of triple homicide. Echols was sentenced to death by lethal injection and is on death row at the Arkansas state penitentiary in Grady, where Misskelley is serving life plus 40 and Baldwin life without parole.

There was no weapon at the scene and no blood, other than what had collected when police removed the bodies from the water and placed them on the ground, leading to speculation that the murders were committed someplace else and the bodies dragged to the ditch. The state’s evidence that Echols was a Satanist amounted to an expert witness in the occult who had a mail-order degree and pentagrams Echols had scribbled in jail. The murder weapon was a clean knife that was found in a lake near Echols’ home, which resembled the knife that was possibly used at the crime.

Echols’ current attorney, noted San Francisco defense lawyer Dennis Riordan, was retained in 2004. He says: “The thing that led me to take this case was the startling sense that, in a death penalty case, there just wasn’t any credible evidence that connected him to the crime. You can read the Arkansas State Court opinion and they list everything that was offered against them, and it’s just terrifying that anyone could have been sentenced to death on any one of those six factors. A knife that was serrated? You could go into any home in Arkansas and find a serrated knife.”

According to FBI’s Frazier, who checked the old files, there was a request for an FBI profile on a probable killer — at first they were looking for a “Rambo” type — but it was not completed. “The West Memphis Police Department request for a profile was discontinued based on the fact that arrests had been made,” he says.


The devil wears Prada

Damien Echols wasn’t every teenager in America in 1993, but you could pretty much recognize the type. He dressed in black, wore skull earrings, and thought Guns N’ Roses singer Axl Rose was God. Some say he dabbled in the occult. And he was poor — there wasn’t always enough to eat. He lived in a shabby trailer park with a mom he loved and a stepfather he was ambivalent about. So he hung out with his friends, listening to heavy metal and reading Stephen King and Anne Rice. Sometimes they’d just sit by the lake all day and throw rocks at the water.

Echols was strange, but he didn’t have a history of violence; there was one brush with the law when he was 15, and he ran away with his girlfriend after her father discovered them having sex. He was then sent for treatment for a non-specific “psychotic disorder” at Charter Hospital. Echols was prescribed the usual antidepressants available at that time. By the time he was released, the conclusion by his doctors was that he was no longer depressed.

In his muck-gray and bulletproof glass visitors’ cell on death row, Echols (now 30) says, “If I had to do it all over again, I would not have stood out.”

Death row inmates are allowed a two-hour no-contact visit with the media. So Echols speaks through a vent in the wall. When wife Lorri Davis comes on Fridays, she is allowed one extra hour, and she gets to sit in the fishbowl with him.

He’s pale and anemic — he lives on a diet of Froot Loops and granola bars provided by Davis. In his prison whites he blends into the walls, except for his eyes, which are big brown sockets. He explains that he has arthritic hips from spending 13 years in a nine-by-nine-foot concrete cell, getting fed through a slit in the door. There have been an estimated 30 executions since he got here — many of the other inmates have become so desensitized to the process they don’t even look up from the television.

Attorneys have come and gone in 12 years — and there have been three failed appeals. Even though several jurors now admit to considering the inadmissible Misskelley statement, the appeals court ruled that it came too late, stating: “Echols’ claim of juror misconduct has been brought over a decade after his conviction. Clearly, this is a matter which could have been brought in a motion for new trial immediately after the verdict and conviction, but the argument is now untimely.”

Echols shakes his head: “Basically they are saying, ‘You didn’t file it on time so we’re going to kill you on a technicality.'”

There is no reason to expect a different Damien Echols from the one seen in Paradise Lost; after all, he went straight from that documentary to death row. Many of his supporters cite his intelligence and his outspokenness and that this is what they liked about him from day one. “I’ll tell you anything,” he says.

During his trial, his dismissive attitude and contemptuousness hurt him on the stand. When asked to explain the difference between Wicca and Satanism (so as to exonerate himself from charges that he worshipped the devil), his exasperated voice and facial demeanor indicated to the jury that this just wasn’t worth his time.

“I was in shock at my trial,” he explains. “When you’re innocent, you keep thinking surely somebody’s gonna realize something’s wrong and say, ‘This has gone on long enough.'”

In the late 1990s, Echols became a Buddhist, inspired by the teachings of another Arkansas death row inmate, Jusan Frankie Parker, who was executed in 1998. He meditates — sometimes as much as five hours a day — wrote his autobiography, Almost Home, Volume 1, and has had his poetry published in Porcupine, a literary arts magazine. He estimates he’s read 1,000 books.

“A huge deal for me is not even thinking about this place,” he says. “I read from the time I get up in the morning til the time I go to bed. My cell is nine-by-nine. There’s nowhere to look away.”

“Damien has done an amazing job of adapting to his environment and finding a way to deal with it,” Rollins observes. “He’s really impressive. If he could find a way to get it across, he could be a great teacher.”

So he reads catalogues and dreams about getting out — about wearing Prada ties and a nice Brooks Brothers suit, working in a bookstore, raising children, and voting in a presidential election. He dreams about the political impact he could have on this system one day.

“I was taught — and I believed — that our system worked; an innocent man couldn’t be convicted in America. I thought any moment now, I’m going home,” says Echols.

The family that stood by Echols during the trial has scattered. His mother calls maybe once a year; his dad remarried about six years ago and has a new family. His son’s mother, Domini, was around for two years after his incarceration and then married someone else. “People don’t stick around when you’re on death row,” Echols says. “In the beginning everyone rallies around you, but you can’t expect them to put their lives on hold just because yours is.”


Waiting for the DNA

Mostly now it’s just about his wife. Pretty and wholesome — with long brown hair, bangs, and a bike rack on her car — Lorri Davis’ sweet voice and demeanor suggest she hasn’t had a tough day in her life. Originally from Morgantown, West Virginia, Davis was living in New York and working as a landscape architect when she attended a screening in 1996 of Paradise Lost. It hit her about halfway through the film: “I was so horribly upset by it, and the next morning I woke up and thought, Oh my God, they didn’t do it. I never saw a movie and felt compelled to do something.”

She began writing Echols within a few days. One year later, she quit the New York job — “Rue the day,” she says — and moved to Little Rock, where she gets to spend three hours every Friday visiting her husband in prison. She brings him the granola bars, strokes the fund-raising machine, shuttles supporters back and forth from the airport, packs Echols’ 26 boxes of books, types his manuscripts, or sends a book he picked out to a stranger who took the time to write.

One could easily conclude that Davis is crazy. Even Stidham recalls thinking as much when he learned that Davis had married Echols. “Naturally, I made that assumption,” he says. “But she’s just a decent human being. And once you meet her, you realize she’s very intelligent and sane. I admire and respect her.”

Decent, sane, and tenacious: Last year, right before she hired Dennis Riordan, she got the cell phone numbers of several noted defense attorneys. She called and begged them until they finally asked her to stop.

“When I first moved here, I would go to court hearings and sit way in the back,” she says. “I didn’t want anyone to know who I was. When we got married, I thought, I’m married to this person and I’ve got this role.”

“In the beginning, I was not convinced,” Davis’ mom, Lynn, remembers. “I said, ‘Should he get out, I wonder if he rolls over in bed and says, “Lorri, I did it. I beat the system.”‘ But we met with Damien about four times, and the first time I asked him. I said, ‘Damien, did you do it?’ And he said, ‘I did not.’ And I felt it. I just knew that he couldn’t do that to those little boys. I know that every little town has its problems, and they pinpointed Damien and his buddies because he was a thorn in their side.”

With nearly every state appeal exhausted, Echols hopes to be headed for federal court, but Misskelley and Baldwin still have pending state appeals. All three are waiting for the results of DNA testing. (Baldwin and Misskelley declined through their attorneys to be interviewed for this article.)


Tragedy makes a reality star

John Mark Byers stands by the coffee machine in the Parkway convenience store in Millington, Tennessee. He listens, visibly bored, to another man’s story about being wrongfully arrested for a car theft. By anyone’s standards, this isn’t the most interesting tale, but to John Mark Byers, stepfather star of the two Paradise Lost HBO documentaries, it’s gotta sound dull as dirt. So when the man finally works around to the part where he gets his car out of the police impound, Byers interrupts. “Do you recognize me?” he asks, impatiently.

The man shakes his head slowly. “I’ve seen you,” he says. Clearly, he has not.

“Were you in this area in ’93?”

He was.

“Do you remember the three 8-year-olds that were murdered in West Memphis? One of those three 8-year-olds was my son. Do you remember seeing me in the media?”

The man registers shock, but he nods politely. Uh-huh, maybe …

“That’s it,” Byers says, satisfied. “People ask me for my autograph all the time,” he tells me later. “There wouldn’t even have been a Paradise Lost 2 if it wasn’t for me.”

He repeats it a couple of times during our two-hour breakfast at the convenience store, where we chow down on eggs, bacon, biscuits, and grits. “You don’t know what these are,” he says, pointing to the plate heaped with grits. He’s gracious, but it’s a challenge: A New York liberal — which he believes me to be — doesn’t eat grits, and John Mark Byers doesn’t like New Yorkers.

A lot of people don’t understand Byers, including a lot of big-city folk who believe the WM3 were victims of “hillbilly justice.” He reserves special venom for the producers of Paradise Lost.

“Two Jew-boys from New York City took advantage of our families in this crisis to make money,” he says.

Still, he’s gracious. His new wife, Jackie, is a lovely person. They buy me breakfast and Byers helps me off with my jacket. He’s currently working as a house painter.

Believing in the guilt of the West Memphis Three and resentful of the documentaries that stirred up questions about their innocence, the parents of James Moore and Steven Branch have mostly avoided the press. Byers, on the other hand, made quite an impression in Paradise Lost: In one scene he was ranting and raving about the details of the crime. In another he curses the men who killed his babies. He gave the HBO producers a knife, which turned out to have his and Christopher’s blood on it. Additionally, it turns out that Byers was working for the police as a drug informant. His antics made such an impression on the HBO producers that, halfway through the filming of Paradise Lost, they began to believe that he might have been the killer. Byers has a long history of drug and alcohol abuse and was drunk throughout the making of both films.

“I wasn’t in my right mind,” he admits. “I tried to stay on medicine and marijuana, and they [Sinofsky and Berlinger] capitalized on that. They set me up to look like the fool.”

In July 1994, Byers was arrested for contributing to the delinquency of a minor for allegedly instigating a knife fight between two youngsters. That same month, he was arrested for burglary. During that summer, neighbors filed restraining orders against Byers for allegedly whipping their sons with the metal handle of a flyswatter and firing shots at their home. Byers was on probation when he was arrested for selling Xanax to a narc in 1999. He served 18 months. His ex-wife, Melissa, who was highly visible during Paradise, had a longstanding heroin problem. She died of undetermined causes on March 29, 1996.

Byers made Jackie watch the documentaries the first week they met. “I watched them and I was like, dang,” says Jackie Byers. “My major in college was psychology. I’m a pretty good judge of character, and if I thought for one second he did something terrible in his life I wouldn’t have married him.”

WM3 supporters have tried to connect Byers to the murders, but they’ve turned up very little in the way of hard evidence. His recollections of the crime include some inaccuracies: He claims the WM3 flunked lie detector tests when there is no evidence to support this; he claims Echols had driven by his house a few months before the murders when Echols never had a driver’s license and had never driven a car.

Misskelley’s lawyer, Stidham, says the case is confused because Byers and Echols both act strange: “[Echols] was a kid and not sophisticated enough to understand how he came off. And Byers still doesn’t understand how his antics made him look guilty.”

Byers regrets that he didn’t get more money for appearing in the documentaries and swears he’s not going to do another. A few minutes later, he corrects this. He might, if he has a contract and a lawyer by his side.

At the end of our interview, he asks me, “Now that you’ve met me and I’ve answered every question, do you think I’m the kind of guy who could have done such an awful thing?”

Decades of research by the FBI and hundreds of millions of dollars committed to investigating the “phenomenon” of satanic murders have not turned up a single example of a ritual child-killing in this country by any religious group — including “Satanists” — in the last century. As of this writing, Damien Echols has been on death row 4,796 days.

This story originally appeared in Los Angeles CityBeat.