Editing West Memphis Three (section)

==Appeals and new evidence==
In May 1994, the three defendants appealed their convictions;<ref>{{cite news | title=Appeal puts 3 Ark. boys' murders back in spotlight |newspaper=[[Seattle Post Intelligencer]] | date=May 5, 1993}}</ref> the convictions were upheld on direct appeal.<ref name=autogenerated2 /><ref>''Misskelley v. State'', [http://opinions.aoc.arkansas.gov/weblink8/ElectronicFile.aspx?docid=167688&dbid=0 323 Ark. 449] {{Webarchive|url=https://web.archive.org/web/20170310193705/http://opinions.aoc.arkansas.gov/weblink8/ElectronicFile.aspx?docid=167688&dbid=0 |date=March 10, 2017 }}, 915 S.W.2d 702 ([https://scholar.google.com/scholar_case?case=6154971229985931214 Google Scholar]), ''cert. denied'', 519 U.S. 898 (1996); ''Echols & Baldwin v. State'', [http://opinions.aoc.arkansas.gov/weblink8/ElectronicFile.aspx?docid=198989&dbid=0 326 Ark. 917]{{Dead link|date=December 2022 |bot=InternetArchiveBot |fix-attempted=yes }}, 936 S.W.2d 509 (1996) ([https://scholar.google.com/scholar_case?case=13878855919587353218 Google Scholar]), ''cert. denied'', 520 U.S. 1244 (1997).</ref> In June 1996, Misskelley's lawyer, Dan Stidham, was preparing an appeal to the U.S. Supreme Court.<ref>{{cite news |url=https://www.arktimes.com/arkansas/john-grisham-meet-dan-stidham/Content?oid=1886139 |title=John Grisham, meet Dan Stidham |first=James |last=Morgan |date=June 7, 1996 |newspaper=Arkansas Times |quote=Stidham has sent off for his credentials to argue before the United States Supreme Court. [...] he continues to prepare the appeal he hopes to make before the U.S. Supreme Court. }}</ref>

In 2007, Echols petitioned for a retrial, based on a statute permitting post-conviction testing of DNA evidence due to technological advances made since 1994 which might provide [[exoneration]] for the wrongfully convicted.<ref>Henry Weinstein,
[https://www.latimes.com/archives/la-xpm-2007-oct-30-na-satanic30-story.html Lawyers file DNA motion in Cub Scout murder case], Los Angeles Times October 30, 2007</ref> The petition failed when the original trial judge, Judge [[David Burnett (politician)|David Burnett]], disallowed presentation of this information in his court. This ruling was in turn thrown out by the Arkansas Supreme Court as to all three defendants on November 4, 2010.<ref>''Echols v. State'', [http://opinions.aoc.arkansas.gov/WebLink8/ElectronicFile.aspx?docid=50543&dbid=0 2010 Ark. 417] {{Webarchive|url=https://web.archive.org/web/20170310193819/http://opinions.aoc.arkansas.gov/WebLink8/ElectronicFile.aspx?docid=50543&dbid=0 |date=March 10, 2017 }}, 373 S.W.3d 892 ([https://scholar.google.com/scholar_case?case=13863772236063736198 Google Scholar]) (reversing and remanding to reconsider trial court's denial of def't's motion for new trial); ''Baldwin v. State'', [http://opinions.aoc.arkansas.gov/WebLink8/ElectronicFile.aspx?docid=50524&dbid=0 2010 Ark. 412] {{Webarchive|url=https://web.archive.org/web/20170310194423/http://opinions.aoc.arkansas.gov/WebLink8/ElectronicFile.aspx?docid=50524&dbid=0 |date=March 10, 2017 }} ([https://scholar.google.com/scholar_case?case=17616598448398470432 Google Scholar]) (same); ''Misskelley v. State'', [http://opinions.aoc.arkansas.gov/WebLink8/ElectronicFile.aspx?docid=50543&dbid=0 2010 Ark. 415] {{Webarchive|url=https://web.archive.org/web/20170310193819/http://opinions.aoc.arkansas.gov/WebLink8/ElectronicFile.aspx?docid=50543&dbid=0 |date=March 10, 2017 }}      ([https://scholar.google.com/scholar_case?case=17315612793394076898 Google Scholar]) (same).</ref>

===John Mark Byers' knife (1993)===
John Mark Byers, the adoptive father of victim Christopher Byers, gave a knife to cameraman Doug Cooper, who was working with documentary makers [[Joe Berlinger]] and Bruce Sinofsky while filming the first ''[[Paradise Lost: The Child Murders at Robin Hood Hills|Paradise Lost]]'' feature. The knife was a folding [[hunting knife]] manufactured by [[Kershaw Knives|Kershaw]]. 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 were reported to have discovered what appeared to be blood on the knife. HBO executives ordered them to return the knife to the West Memphis Police Department. The knife was not received at the West Memphis Police Department until January 8, 1994.

Byers initially claimed the knife had never been used. However, after blood was found on the knife, Byers stated that he had used it only once, to cut deer meat. When told the blood matched both his and Chris' blood type, Byers said he had no idea how that blood might have gotten on the knife. During interrogation, West Memphis police suggested to Byers that he might have left the knife out accidentally, and Byers agreed with this.<ref name="Leveritt03" /> Byers later stated that he may have cut his thumb. Further testing of the knife produced inconclusive results about the source of the blood. Uncertainty remained due to the small amount of blood<ref name="Leveritt03" /> and because both John Mark Byers and Chris Byers had the same [[Human leukocyte antigen|HLA]]-DQα genotype.

Byers agreed to and passed a polygraph test about the murders during the filming of ''Paradise Lost 2: Revelations'', but the documentary indicated that Byers was under the influence of several [[psychoactive drug|psychoactive prescription]] [[Pharmaceutical drug|medications]] that could have affected the test results.

===Possible teeth imprints (1996–1997)===
Following their convictions, Echols, Misskelley, and Baldwin submitted imprints of their teeth. These were compared to the alleged bite marks on Stevie Branch's forehead that had not been mentioned in the original autopsy or trial. No matches were found.<ref>{{cite book |title=Devil's Knot: The True Story of the West Memphis Three |last=Leveritt |first=Mara |year=2003 |publisher=Simon & Schuster |isbn=0-7434-1760-7 |pages=334–5}}</ref> John Mark Byers had his teeth removed in 1997, after the first trial but before an imprint could be made. His stated reasons for the removal are apparently contradictory. He has claimed both that the [[Epileptic seizure|seizure]] medication he was taking caused [[Periodontal pathology|periodontal disease]], and that he planned the removal because of other kinds of dental problems which had troubled him for years.<ref>{{cite book |title=Devil's Knot: The True Story of the West Memphis Three |last=Leveritt |first=Mara |year=2003 |publisher=Simon & Schuster |isbn=0-7434-1760-7 |pages=310}}</ref>

After an expert examined autopsy photos and noted what he thought might be the imprint of a belt buckle on Byers' corpse, the elder Byers revealed to the police that he had [[spanking|spanked]] his stepson shortly before the boy disappeared.<ref name="Leveritt03" />

===Vicki Hutcheson's recantation (2003)===
In October 2003, Vicki Hutcheson, who had played a part in the arrests of Misskelley, Echols, and Baldwin, gave an interview to the ''[[Arkansas Times]]'' in which she stated that every word she had given to the police was a fabrication.<ref name="AT100704">{{Cite news|first=Tim|last=Hackler|title=Complete Fabrication|url=https://www.arktimes.com/arkansas/complete-fabrication/Content?oid=1886107|work=[[Arkansas Times]]|date=October 7, 2004|access-date=May 5, 2017 }}</ref> She further asserted that the police had implied that if she did not cooperate with them they would take away her child.<ref name="AT100704"/> She said that when she visited the police station, employees had photographs of Echols, Baldwin, and Misskelley on the wall and were using them as [[darts|dart]] targets.<ref name="AT100704"/> She also claims that an audiotape the police said was "unintelligible" (and that they eventually lost) was perfectly clear and contained no incriminating statements.<ref name="AT100704"/>
<!-- Do not reinsert the paragraph removed here on James Martin Sr, without first finding a reliable source. The paragraph has been moved to [http://en.wikipedia.org/wiki/Talk:West_Memphis_3#Potential_Libel this link atTalk] if you wish to discuss the situation. Thanks. -->

===DNA testing and new physical evidence (2007)===
In 2007, DNA collected from the crime scene was tested. None was found to match DNA from Echols, Baldwin, or Misskelley. A hair "not inconsistent with" Stevie Branch's stepfather, Terry Hobbs, was found tied into the knots used to bind one of the victims.<ref>Mara Leveritt and Max Brantley [http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=f1b058c2-82ac-455c-b193-83cfce18215d New evidence in West Memphis murders] {{Webarchive|url=https://web.archive.org/web/20081229182521/http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=f1b058c2-82ac-455c-b193-83cfce18215d |date=December 29, 2008 }}, ''Arkansas Times'', July 19, 2007.</ref> The prosecutors, while conceding that no DNA evidence tied the accused to the crime scene, said: "The State stands behind its convictions of Echols and his codefendants."<ref>{{cite web|url=http://www.kait8.com/Global/story.asp?S=6820082&nav=0jsh|title=KAIT: Mother of West Memphis 3 Victim Speaks About New DNA Evidence|publisher=Kait8.com|access-date=August 19, 2011|archive-url=https://web.archive.org/web/20160303210331/http://www.kait8.com/Global/story.asp?S=6820082&nav=0jsh|archive-date=March 3, 2016|url-status=dead}}</ref> Pamela Hobbs' May 5, 2009, declaration in the United States District Court, Eastern District of Arkansas, Western Division, indicates that "one hair was consistent with the hair of [Terry's] friend, David Jacoby" (Point 16), and:<ref>{{cite book|author=Hobbs, Pamela Marie|url=http://callahan.8k.com/wm3/p_hobbs_declaration1.html|title=Declaration of Pamela Marie Hobbs|publisher=THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, TERRY HOBBS, Plaintiff, v. NATALIE PASDAR, et al., Defendants, CV NO.: 4-09-CV-0008BSM|date=May 20, 2009|url-status=dead|archive-url=https://web.archive.org/web/20160115020214/http://callahan.8k.com/wm3/p_hobbs_declaration1.html|archive-date=January 15, 2016}}</ref>

{{Blockquote|17. Additionally, after the Murders my sister Jo Lynn McCauhey and I found in Terry's nightstand a knife that Stevie carried with him constantly and which I had believed was with him when he died. It was a pocket knife that my father had given to Stevie, and Stevie loved that knife. I had been shocked that the police did not find it with Stevie when they found his body. I had always assumed that my son's murderer had taken the knife during the crime. I could not believe it was in Terry's things. He had never told me that he had it.

18. Also, my sister Jo Lynn told me that she saw Terry wash clothes, bed linens and curtains from Stevie's room at an odd time around the time of the Murders.

19. There was additional new evidence discovered in 2007 that I cannot now recall.}}

In 2013, written statements from two men, Billy Wayne Stewart and Bennie Guy, were introduced in the court. They both claimed to have had information on the case linking Terry Hobbs to the murders, but were ignored by police initially.<ref name=":0" />

===Foreman and jury misconduct (2008)===
In July 2008, it was revealed that Kent Arnold, the jury foreman on the Echols–Baldwin trial, had discussed the case with an attorney prior to the beginning of deliberations. Arnold was accused of advocating for the guilt of the West Memphis Three and sharing knowledge of inadmissible evidence, like the Jessie Misskelley statements, with other jurors.<ref name="ForemanArnold">Beth Warren, "[http://westmemphisthreediscussion.yuku.com/topic/8273/t/Jury-foreman--West-Memphis-Three-trial--Damien-Echols-accus.html Jury foreman in West Memphis Three trial of Damien Echols accused of misconduct] {{Webarchive|url=https://web.archive.org/web/20110718150232/http://westmemphisthreediscussion.yuku.com/topic/8273/t/Jury-foreman--West-Memphis-Three-trial--Damien-Echols-accus.html |date=July 18, 2011 }}," ''[[Memphis Commercial Appeal]]'', October 13, 2010</ref> At the time, legal experts agreed that this issue could result in the reversal of the convictions of Jason Baldwin and Damien Echols.<ref name="ForemanArnold"/>

In September 2008, attorney (now judge) Daniel Stidham, who represented Misskelley in 1994, testified at a postconviction relief hearing. Stidham testified under oath that during the trial, Judge David Burnett erred by making an improper communication with the jury during its deliberations. Stidham overheard Judge Burnett discuss taking a lunch break with the jury foreman and heard the foreman reply that the jury was almost finished. He testified that Judge Burnett responded, "You'll need food for when you come back for sentencing," and that the foreman asked in return what would happen if the defendant was acquitted. Stidham said the judge closed the door without answering. He testified that his own failure to put this incident on the court record and his failure to meet the minimum requirements in state law to represent a defendant in a [[capital murder]] case was evidence of [[ineffective assistance of counsel]] and that Misskelley's conviction should therefore be vacated.<ref>{{cite news |title=Former lawyer supports effort for a new trial |author=The Associated Press |work=Arkansas Online |publisher=Arkansas Democrat-Gazette, Inc |date=September 30, 2008 |url=http://www.arkansasonline.com/news/2008/sep/30/former-lawyer/ |access-date=January 24, 2012}}</ref>

===Request for retrial (2007–2010)===
On October 29, 2007, papers were filed in federal court by Echols's defense lawyers seeking a [[retrial]] or his immediate release from prison. The filing cited DNA evidence linking Terry Hobbs (stepfather of one of the victims) to the crime scene, and new statements from Hobbs' now ex-wife. Also presented in the filing was new expert testimony that the supposed knife marks on the victims, including the injuries to Byers' genitals, were in fact the result of animal predation after the bodies had been dumped.<ref>[http://www.arktimes.com/blogs/arkansasblog/2007/11/west_memphis_3_press_conferenc.aspx Arkansas Blog: West Memphis 3 Press Conference<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20071103111907/http://www.arktimes.com/blogs/arkansasblog/2007/11/west_memphis_3_press_conferenc.aspx |date=November 3, 2007 }}</ref>

On September 10, 2008, Circuit Court Judge David Burnett denied the request for a retrial, citing the DNA tests as inconclusive.<ref>{{cite news |url=http://www.nesting.com/news/national/131401/Judge-rejects-request-for-new-trial-for-3-men-convicted-of-1993-slayings-of-3-Arkansas-boys.html |title=Judge rejects request for new trial for 3 men convicted of 1993 slayings of 3 Arkansas boys |agency=Associated Press |first=Jill |last=Zeman |work=Nesting.com |access-date=January 25, 2012 |date=September 10, 2008 |url-status=dead |archive-url=https://archive.today/20120913182412/http://www.nesting.com/news/national/131401/Judge-rejects-request-for-new-trial-for-3-men-convicted-of-1993-slayings-of-3-Arkansas-boys.html |archive-date=September 13, 2012  }}</ref> That ruling was appealed to the Arkansas Supreme Court, which heard oral arguments in the case on September 30, 2010.

===Arkansas Supreme Court ruling (2010)===
On November 4, 2010, the Arkansas Supreme Court ordered a lower judge to consider whether newly analyzed DNA evidence might exonerate the three.<ref name=ap/> The justices also instructed the lower court to examine claims of misconduct by the jurors who sentenced Damien Echols to death and Jessie Misskelley and Jason Baldwin to life in prison.<ref name=ap>{{cite news|url=http://hosted.ap.org/dynamic/stories/U/US_ARKANSAS_BOYS_SLAIN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT |title=New hearing ordered for 3 in Ark. scout deaths|author=Bleed, Jill Zeman|agency=Associated Press|access-date=November 10, 2010|date= November 4, 2010|url-status=dead|archive-url=https://web.archive.org/web/20101114070356/http://hosted.ap.org/dynamic/stories/U/US_ARKANSAS_BOYS_SLAIN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT|archive-date=November 14, 2010}}</ref>

In early December 2010, David Burnett was elected to the [[Arkansas Senate#Members of the 89th Senate|Arkansas State Senate]]. Circuit Court Judge David Laser was selected to replace David Burnett and preside in the evidentiary hearings mandated by the successful appeal.<ref>{{cite news|url=http://www.arkansasonline.com/news/2010/dec/01/new-judge-appointed-west-memphis-appeals/?news|title=New judge appointed for West Memphis appeals|agency=The Associated Press|work=Arkansas Online|publisher=Arkansas Democrat-Gazette, Inc.|date=December 1, 2010|access-date=January 25, 2012}}</ref>

===Plea deal and release (2011)===
After weeks of negotiations, on August 19, 2011, Echols, Baldwin and Misskelley were released from prison as part of a plea deal, making the hearings ordered by the Arkansas Supreme Court unnecessary.<ref name=nyt_alford/> The three entered into [[Alford plea]] deals. Stephen Braga, an attorney with Ropes & Gray who took up Echols's defense on a ''[[pro bono]]'' basis beginning in 2009, negotiated the plea agreement with prosecutors.<ref>{{cite web|last=Randazzo|first=Sara|title=The Ropes & Gray Partner Who Helped Free the West Memphis Three|url=http://www.ropesgray.com/files/upload/002081104RopesGray.pdf|publisher=American Lawyer Daily|access-date=September 21, 2011|url-status=dead|archive-url=https://web.archive.org/web/20120406021648/http://www.ropesgray.com/files/upload/002081104RopesGray.pdf|archive-date=April 6, 2012}}</ref>

Under the deal, Judge David Laser vacated the previous convictions, including the capital murder convictions for Echols and Baldwin, and ordered a new trial. Each man then entered an Alford plea to lesser charges of first- and second-degree murder while verbally stating their innocence. Judge Laser then sentenced them to [[time served]], a total of 18 years and 78 days, and they were each given a suspended imposition of sentence for 10 years.<ref name=nyt_alford>{{cite news|url=https://www.nytimes.com/2011/08/20/us/20arkansas.html |archive-url=https://ghostarchive.org/archive/20220101/https://www.nytimes.com/2011/08/20/us/20arkansas.html |archive-date=January 1, 2022 |url-access=limited|newspaper= The New York Times|title=Deal Frees 'West Memphis Three' in Arkansas|first=Campbell|last=Robertson|date=August 19, 2011|access-date=August 28, 2011}}{{cbignore}}</ref> If they re-offend they can be sent back to prison for 21 years.<ref name=ArOnline/>

Factors cited by prosecutor Scott Ellington for agreeing to the plea deal included that two of the victims' families had joined the cause of the defense, that the mother of a witness who testified about Echols's confession had questioned her daughter's truthfulness, and that the State Crime Lab employee who collected fiber evidence at the Echols and Baldwin homes after their arrests had died.<ref>Max Brantley, [http://www.arktimes.com/ArkansasBlog/archives/2011/08/19/prosecutors-statement-on-west-memphis-3-plea-deal Prosecutor's statement on West Memphis 3 plea deal] ''[[Arkansas Times]]'' August 19, 2011</ref> As part of the plea deal, the three men cannot pursue civil action against the state for wrongful imprisonment.<ref>{{cite web |url=http://ozarksfirst.com/fulltext?nxd_id=511867 |title=West Memphis Three Attorneys Discuss Alford Plea Details|publisher=Maxwell S. Kennerly |last=Libby |first=Karen |date=August 26, 2011 |access-date=January 24, 2012}}</ref>

Many of the men's supporters, and opponents who still believe them guilty, were unhappy with the unusual plea deal.<ref>{{cite web |last=Leveritt |first=Mara |title=FLASH: West Memphis 3 freed in plea bargain |work=Arkansas Blog |publisher=Arkansas Times |date=August 19, 2011 |url=http://www.arktimes.com/ArkansasBlog/archives/2011/08/19/flash-west-memphis-3-freed-in-plea-bargain-on-1993-murders |access-date=January 24, 2012 }}</ref> In 2011, supporters pushed Arkansas Governor [[Mike Beebe]] to pardon Echols, Baldwin, and Misskelley based on their innocence. Beebe said he would deny the request unless there was evidence showing someone else committed the murders.<ref>{{cite news |title=West Memphis 3, locked up 18 years, together in NY |last=Bauder |first=David |date=October 10, 2011 |work=Houston Chronicle |publisher=Hearst Newspapers |url=http://www.chron.com/default/article/West-Memphis-3-locked-up-18-years-together-in-NY-2211385.php |access-date=January 25, 2012 }}{{Dead link|date=February 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Prosecutor Scott Ellington said the Arkansas state crime laboratory would help seek other suspects by running searches on any DNA evidence produced in private laboratory tests during the defense team's investigation. This would include running the results through the FBI's [[CODIS|Combined DNA Index System]] database.<ref>{{cite news |title=Arkansas crime lab to study 'West Memphis 3' case DNA |last=Demillo |first=Andrew |agency=Associated Press |work=The Commercial Appeal |publisher=Scripps Newspaper Group—Online |date=August 27, 2011 |url=http://www.commercialappeal.com/news/2011/aug/27/ark-crime-lab-to-study-wm3-case-dna/?print=1 |access-date=January 25, 2012}}</ref> Ellington said that, although he still considered the men guilty, the three would likely be acquitted if a new trial were held because of the powerful legal counsel representing them now, the loss of evidence over time, and the change of heart among some of the witnesses.<ref name=nyt_alford/>