Re: WM 3
Attorney General Dustin McDaniel still expects Damien Echols to die. His statement on yesterday's court filing:
Yesterday, Damien Echols, through his attorneys, filed a motion seeking to amend, for the second time, his habeas corpus petition in federal court. With the motion, he provided a copy of the amended petition, brief and exhibits that he will file if allowed by the court, all of which exceed 500 pages. The Attorney General’s office is seeing many of these allegations and supporting exhibits for the very first time and, it will take some time to sort through them, consult with appropriate experts, evaluate their validity and respond. After the State responds, it is possible that discovery will be conducted and a hearing held so that the federal district judge can determine whether these allegations merit relief. As litigation goes, this process will likely take months and possibly years. Indeed, counsel for Echols has taken years to develop these claims so it will take the State a fair amount of time to properly respond.
Finally, while the State will look at the new allegations and evidence objectively, it stands behind the conviction of Mr. Echols and that of his codefendants and does not anticipate a reversal of the jurys’ verdicts.







Comments
Pathetic, bidness as usual, same-old, same-old conformist claptrap.
Posted by: Larry
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October 30, 2007 04:19 PM
Reading Mara's book on this scared the hell out of me. It made me more certain that a fear of law enforcement is a completely rational thought. It scares me even more that even with all the evidence, the powers that be simply churn out crap like this press release.
I'm also excited about the ABA's request to halt executions nationwide pending a review of the process. How many more innocent people will die at the hands of our "justice" system? I know victim's rights folk will jump all over this and say, "What about the victim?" The victim should be protected; their rights respected above all. However, locking an innocent person up and possibly taking their life creates a whole new family of victims who neither trust nor respect the "justice" system. It is certainly not justifiable to lock people up for crimes they did not commit in order to please an incensed public.
Posted by: calmwriter
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October 30, 2007 04:28 PM
What else would anyone excpect the AG to say? Good lord, Max, you're trying hard to make something out of nothing on this statement.
Posted by: ThePiginBlack
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October 30, 2007 04:33 PM
The statement is definitely "something", Pig. The Attorney General should be talking like a public servant, instead of displaying his prejudice in the case. What he said amounts to "They can present all the evidence they want. We'll look at it if we can find the time, but our mind is already made up."
Posted by: widj
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October 30, 2007 04:41 PM
GREAT "people's" translation, WIDJ!!!
Posted by: Larry
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October 30, 2007 04:44 PM
Widj, you understand that it's the AG's job to represent the prosecution's interest, don't you? That's why it's a nonstory. He is speaking on behalf of the public by virtue of the fact that the state of Arkansas prosecuted these three men.
ARK. BLOG: Right and I think you're mighty sensitive. McDaniel still wants Echols to die,does he not, which is all that I said. (However, he could have edited that statement just a tiny bit to have delivered the same message without seeming to be dismissive of the new argument.)
Posted by: ThePiginBlack
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October 30, 2007 05:20 PM
I agree with Pig. The AG's role is defend this habeas action. The AG should not expect a reversal. As an attorney, you can't go in expecting to lose (or at least you can't say so publicly). I didn't read McDaniel's comments as dismissive.
ARK. BLOG: I don't think the a.g.'s duty is to blindly defend all habeas actions regardless of merit. I don't expect him here, to roll over and say "you got me." I expect him to say he'll carefully review the evidence and respond when he's done so. To say he expects the conviction to stand is to say he need not read the evidence to reach that conclusion. That's been characteristic of NE Ark. justice in this case from the first.
Posted by: TXK
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October 30, 2007 05:47 PM
"He is speaking on behalf of the public by virtue of the fact that the state of Arkansas prosecuted these three men."
Then, the State of Arkansas is a ass. That was an outrageous thing to say.
Posted by: Dennis
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October 30, 2007 06:53 PM
The AG needs to understand that if the state puts an innocent man to death, he and the rest of the machine are guilty of murder -- cop, judge, jury, and especially the prosecuting attorney.
I think when DNA evidence clears someone in prison, those who put him there ought to be made to serve the same amount of time.
Posted by: Roland-in-Waiting
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October 30, 2007 06:54 PM
Max, I'm being no more sensitive than you are being sensationalistic.
Iread nothing in that statement that is out of line for an AG to say in his position.
ARK. BLOG: No sensation, just fact. His statement says he's judged the merit of the filing without reading it.
Posted by: ThePiginBlack
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October 30, 2007 08:07 PM