Tuesday, November 10, 2009

WEST MEMPHIS THREE UPDATE: STATE COURT DENIES ECHOLS STAYING APPEAL AND NEW WITNESS STATEMENTS


EDITORS NOTE: I was asked a question by a friend today, my opinion on the death penalty. Of course that's a tough question, as when I was younger, I was staunchly against the death penalty.
Now my opinion is that the death penalty is a great revenge, but a deterrent, I don't know? Perhaps the death penalty can be perceived as a garbage dump for societies murderous psycho and sociopaths, but knowing the criminal justice system, it's about money, not about justice..
When I'm talking about the death penalty, I'm not talking about self defense, but I wouldn't be surprised if obvious self defense situations are misconstrued for a degree of murder.
Of course, I've written (not sure if I deleted that journal entry) about the movie "Dead Man Walking" an awesome movie as both Susan Sarandon and Sean Penn were amazing in that flick. However, I must add, sister Helen Prejean is a real person, and the man Sean Penn depicted (Robert Lee Willie) was lying about his innocence to add a few more years to his pathetic life. Finally sister Prejean confronted the death row inmate, broke him down to a post conviction admission of guilt as her presence in this prisoners life on death row added closure to this mans despicable denial as she also emotionally supported the deceased's family as angry as they were. Good job by sister Prejean. At least Sister Prejean put her foot in the death row inmates arrogant mouth because lying and those whom believe it hurts the surviving family members that much more, provoking the anger. Sister Prejean is a better woman than me because I can't emotionally do that, support someone whom is lying to me about the worst deed. What a waste of time compared to death row inmates whom are truly innocent. Perhaps the vindictive emotions of those whom have lost someone to such heinous actions are due to the lack of support of the victims, hence FROM WIKEPEDIA: The experience gave Prejean greater insight into the process involved in executions and she began speaking out against capital punishment. At the same time, she also founded Survive, an organization devoted to providing counseling to the families of victims of violence. Alright, now we're talking, support the victims, and the need for counseling so the cycle of fear, tramua, hatred and violence doesn't continue. I, author of ITP in no way shape or form support the murder and torture of those three young boys at ROBIN HOOD HILLS and ya know, whatever pain the murderer (s) are/will be going through when the execution date comes isn't anything compared to what the victims and surviving families go through. I'm not in the least bit impressed on the trial/ witch hunt on the WEST MEMPHIS THREE with absolutely no evidence, and a trail that reeked of ignorance, religious intolerance, and everyone in the world has listened to at least three METALLICA releases. So I don't really have an opinion (wow, I don't have an opinion on something!) on the death penalty, standing in the middle, neither for nor against it, not seeing the point other than revenge, freeing up some prison cells, saving tax dollars on prisoners that society doesn't know how to, or can't afford to rehabilitate in a fiscally conservative society. Ugh. We don't even have health care (free, socialized) for our own citizens in this country. It's the" Kill em back theory" wich never brings back the deceased, but can be a relief. However, in IRAN, that country has the lamest reasons for the death penalty (protesters, homosexuality, being an empowered woman) the death penalty should be seriously modified or abolished there. However, I do support this bill, THE INNOCENCE PROTECTION ACT:
The Innocence Protection Act of 2001 was introduced in the United States Congress as Senate bill S.486 and House resolution H.R.912. It was included as Title IV of the omnibus Justice for All Act of 2004 (H.R.5107), which was signed into law on October 30, 2004 by President George W. Bush as public law no. 108-405.
The text of the Act amends the Federal code to include procedures for post-conviction DNA testing in Federal court; it also established a grant program to provide money to states to defray the costs of post-conviction DNA testing. The act additionally contains provisions for increasing the quality of representation for indigent defendants in state capital cases, and for compensating victims of wrongful conviction.
Otherwise in WEST MEMPHIS THREE news, on October 30th, 2009 Damien Echols appeal was rejected via Arkansas State Supreme court as I'm sure he will appeal on the Federal level.
Check out the book DEVILS KNOT (Mara Leveritt) and the HBO documentaries PARADISE LOST: THE CHILD MURDERS AT ROBINHOOD HILLS and PARADISE LOST 2: REVALATIONS. Here's hoping the WEST MEMPHIS THREE get their appeals for a FAIR trial.
FROM WM3.ORG: (WEBSITE BACK UP, BRAND NEW):
By George Jared
JONESBORO — Three women’s witness statements will not be considered by the Arkansas Supreme Court in deciding whether they’ll order a new trial for convicted murderer Damien Echols.
Justices denied a motion for staying Echols’ appeal and refused to consider new witness statements submitted for review earlier this month.
No written explanation accompanied the decision. Officials with the Arkansas Supreme Court in Little Rock said it is common for motion rulings not to have written explanations.
Echols and cohorts Jason Baldwin and Jessie Misskelley were convicted in 1994 of the deaths of West Memphis 8-year-olds Michael Moore, Steven Branch and Christopher Byers.
The boys’ bodies were found in a drainage ditch in the Robin Hood Hills area of West Memphis on May 6, 1993, one day after they reportedly disappeared while riding bikes in their neighborhood.
Attempts to reach Echols’ attorney, Dennis Riordan, were unsuccessful.
Claims by sisters
Two sisters, Jamie Clark Ballard and Brandy Clark Willams, claim they saw Byers, Branch and Moore at 6:30 p.m. on May 5, 1993, near the time prosecutors believe the boys were abducted. Ballard was 13 at the time, and Williams was 11.
Their mother, Deborah Moyer, also claims she saw the boys at the time. All three stated in sworn affidavits that the last time they saw the boys the three were headed toward Branch’s house, which was on the same street as Moyer’s, at the behest of Terry Hobbs, Branch’s stepfather.
In sworn statements Hobbs has said he never saw his stepson or the other boys on May 5, 1993.
Hobbs became a central figure in the case in 2007 when a hair collected from one of Moore’s ligatures likely matched Hobbs’ DNA. Another hair collected from a nearby tree stump at the crime scene is a likely match for a friend Hobbs claimed to have been with when the boys became missing, according to court documents.
The West Memphis Police Department has maintained that Hobbs and the friend, David Jacoby, are not and never have been suspects in the case. Secondary hair transfer might account for those particular hairs being at the crime scene, police say.
None of the DNA evidence that has been tested thus far implicates Echols, Baldwin or Misskelley, who’ve been dubbed the “West Memphis Three.”
More than $1M raised
Their supporters have raised more than $1 million to hire attorneys and investigators to seek new trials.
A lack of DNA and forensic evidence linking the convicted to the crime and perceived wrongdoing by prosecutors and Judge David Burnett have spurred international interest in the case.
The bizarre manner in which the boys were tied and the horrific injuries to their bodies led police and prosecutors to believe the killings could have been part of an occult or satanic ritual.
Echols told police he was a member of the Wiccan religion and didn’t believe in God or the devil. The admission made him a suspect, and it also brought his best friend, Jason Baldwin, into the fold.
Some of the parents of the slain boys have in recent years come forward doubting the convictions.
Police based their initial case on a convoluted confession given by Misskelley on June 3, 1993. Misskelley got the time and exact place of the crimes wrong during his interrogation.
He also told police the boys were sexually assaulted.
According to state Medical Examiner Dr. Frank Peretti and other defense forensic pathologists, the boys were not sodomized, and no evidence proved they were forced to perform oral sex, as Misskelley confessed.
Misskelley, who has an IQ of 72, also said ropes were used to tie the youths when, in fact, their own shoelaces had been used.
Despite the inconsistencies a jury found Misskelley guilty. Even after the conviction Misskelley confessed twice more, and each time his story changed. He now claims the initial confession was coerced.
Police maintain that Misskelley gave them details, such as the mutilation of Byers’ genitals, that only the killer would know. A review of the confession tape isn’t clear as to whether Misskelley identified Byers.
The three women came forward with their new claim after learning earlier this year that Hobbs told police he didn’t see the juveniles the day they disappeared.
Ongoing lawsuit
Hobbs is in an ongoing civil lawsuit with famed country music singer Natalie Maines after she allegedly named him as the true killer on Web site posts and at a rally in Little Rock in 2007.
Hobbs steadfastly maintains his innocence in the case but refuses to comment about it publicly, acting on the advice of his attorney.
Retrial for hearings for both Baldwin and Misskelley wrapped up earlier this month, and Burnett is expected to decide by the end of the year if the two will receive new trials.
Echols has other challenges before the Arkansas Supreme Court that might garner him a new trial. It’s unknown when the court will rule on those filings.
Thanks-Stay Metal, Stay Brutal-\m/ -l-