Arkansas Blog

Oh, come on. How hideous, hateful and vicious does this case make Arkansas "justice" and Judge David Burnett look?

After Mara Leveritt's brilliant investigative reporting in "Devil's Knot" and "Boys on the Tracks"?

Frankly, as Arkansas cases like this, Hardin, Huckabee, Beebe's and DHS' stonewalling on child-abuse, and other cases pile up, I never realized -- living in a metropolis far, far away all my life -- how ugly and corrupt Arkansas' Good Ol' Boy network really is.

Sounds like David Burnett is playing CYA here. They need to take this as far as they can.

how ugly and corrupt Arkansas' Good Ol' Boy network really is.<<

It's one of the side benefits. What do you expect from a 49th place banana republic? Justice?

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Arkansas, it's Time for Truth about

The West Memphis 3

The Arkansas Supreme Court has stated that Jessie Misskelley's confession provides "virtually the only evidence" to support his conviction for the murder of three boys in West Memphis, Arkansas, in 1993. Let's look at some of this "evidence," most of which consists of false rumors that were circulating at the time:

Jessie's False Confession

Jessie: The boys were murdered in the morning after skipping school.
Fact: The boys were in school all day and the murders occurred at night.

Jessie : The boys' hands were tied with brown rope but their feet were untied.
Fact: Their hands were bound to their feet with black and white shoelaces.

Jessie: One boy was strangled with "a big stick."
Fact: None of the boys was strangled.

Jessie: Two of the boys were sodomized and forced to perform oral sex.
Fact: The physical evidence disproves both claims.

Jessie: The boys were cut with a knife.
Fact: Forensic evidence reveals the lacerations were caused by animals after the boys died.

"The police were the source of nearly all of the substantive information regarding the crime," and the information that Jessie supplied was "contradictory" and "incorrect." - Forensic Linguist, Dr. Martin D. Hill

Why Would Jessie Lie?

A minor with the IQ of a 3rd-grade child, Jessie was interrogated for hours by police without a parent or lawyer present. Intimidated by a detective's false claim that he had failed his polygraph test and believing he would receive a $40,000 reward for his statement, he told investigators what they wanted to hear.

Jessie recanted his confession and refused to testify in the trial of codefendants Jason Baldwin and Damien Echols. Despite the fact that the confession was ruled inadmissible, recent defense filings show that the jury nonetheless considered it in sentencing Jason to life and Damien to death.

Had Jessie's statement been admitted, the defense could have shown the jurors that Jessie's confession was false.

Arkansas, it's Time to Take Action: Demand new trials for Damien, Jason, and Jessie!

WWW.FREEWESTMEMPHIS3.ORG: 8201 Cantrell Rd., Suite 100, LR, AR 72227 501-551-2995

I really can't say I'm surprised by this ruling. David Burnett and I pledged the same fraternity at the same time when we were at the U of A and my memories of him as an undergraduate are that he was loud, hot-headed and had an almost pathological need to always be right on every issue. He would argue with a wall if he thought he could make a point.

I think his actions in this case are just part of his intense dislike of being wrong.

I neglected to say that the ad above appeared in today's Arkansas Democrat-Gazette. It is very revealing. It's encouraging to see this ad and others like it appearing in the press. It's going to take a sustained public outcry and federal fairness if the WM3 are ever to have a chance to have their freedom restored.

Why would we expect Burnett to do otherwise? Brent Davis is now going to be a fellow judge in the same circuit, is he not? Good ole boy network is even stronger now. Hopefully, reason will prevail in the federal courts.

I don't know how David Burnett sleeps at night. Seriously, I think he knows these boys are innocent. I bet the real killer(s) are feeling pretty good right now.
Actually this could be good for the innocent men who have been jailed for years for a crime they did not commit. They hope the Supreme Court will hear their case.
Since I have little faith in the justice system, I don't know.
But I know this news makes me sick. Those little boys need justice, not some ego-driven judge trying to obstruct justice.

Although I'm not surprised at his ruiling, I am infuriated. Burnett needs to go away and let a real unbiased judge take over. I hope that a new trial will be granted in the federal court. I feel sorry for the residents in Arkansas that have to deal with such a corrupt justice system.

"Those little boys" are now grown young men. According to all that's now known about their trials and the "evidence," they've been wrongfuilly imprisoned for all these years.

Thanks to "Justices" like David Burnett.

Do you know how powerful this blog has become statewide? It was instrumental in breaking, and continuing to break, the UCA-Lu Hardin debacle, until he resigned and his future political hopes for Governorship collapsed under the facts of his shoddy, arrogant, lying, extortionist behavior.

And still there are those who defend Hardin: "He did SO MUCH for UCA."

What bullshit.

The man's a good ol' boy networked crook who got off with a $1 million payoff when anybody else would've been summarily fired in disgrace.

Arkansas' "paper of record," the D-G, which is run by the same good ol' boys, didn't pick up on nor report the facts about Lu Hardin's memo until the outcry led by this blog became overwhelming.

Some hate to admit it but this blog is read by EVERYBODY who's anybody, statewide.

Mike Beebe and DHS? You're stonewalling about the child-abuse deaths. And looking scummier by the day.

Do you really think your Arkansas constituents are ignorant uninformed hicks who don't know anything?

Those days are gone.

We, the people, are here. It's not just you and Walter Hussman any longer.

The more you perpetuate this ancient ruse the more antiquated and out of touch you look.

We, the people, are paying attention. We're more informed than ever. More informed, even, than you seem to be.

Your silence, every day, piles insult upon insult. As more children die under your incompetent uncaring self-protective defensive administration.

What're the brutal deaths of children already born when you can politicize aborting unwanted blastocytes and demonize same-sex would-be adoptive parents in the name of your theocratic religion?

You, Governor, trash our state every day you hide on these issues. Including the Memphis Three.

More importantly, Beebes, as human beings you and Ginger trash yourselves as caring compassionate leaders and supposed "Christians."

You REALLY think this is what Jesus would do, Beebes?

Come on, A-T bloggers. Keep up the pressure. Don't shut up. Not to your friends, not to Letters to the Editor of the D-G, not in your churches, not anywhere.

I just don't understand how this could have happened in the first place let alone keep going on for all these years! I am just so glad that the attorneys and all the supporters haven't given up the fight and I am even more impressed that these MEN (they are no longer boys) haven't given up either. I plan on purchasing and reading Damien's book Almost home. I have read the Devil's Knot: The true story of the west memphis three and it made me sick to my stomach. I just can't believe that things like this really happen. EVERYONE knows these guys are innocent! Even the families of the victims have said so! I consider the WM3 victims also, not saying that the three little boys who were murdered were not victims, they were and still are and it is sad that the so called justice system over there in Memphis cares more about closing a case than finding the real killers. The truth of the matter is that they had absolutely NO evidence so they had to save face and blame someone so they use a poor boys mental problems to fabricate some because they knew he wasn't smart enough to know he was being used and framed at the same time. Poor Jessie! I went on Amazon.com and sent them some books that are on thier wish lists and urge anyone else to do the same, or write them a letter. It helps them keep up the willpower to know people out here are on thier side and haven't fogotten about them. We won't let them rot in thier! I pray every night that they make it home!

ok so ....

angry doesnt begin to cover how i felt when i read the news ...

who the hell does that judge think he is playing god with people's lives....

Damien echols is innocent and like many before him he will be executed an innocent man ....
I knew something like this would happen when i heard that the cases were gonna be heard by judge burnett .... where's the justice huh .... remember a small thing called the pledge of alleigance (or however ya spell that) ... theres a small line that say "liberty and justice to all" .... if thats the case then where is damiens justice?? ... where's the justice for those 3 poor boys whose killers havent been caught yet .... the system is royally f**ked up .... you had a chance to right your wrongs burnett but you chose not to ... on your head be it .... you have just pissed off half of the world .... damien my thoughts and blessings are with you ... dont give up yet there has to be another way .....

FREE THE WEST MEMPHIS THREE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I think Burnett can't do anything else than denying because he would have been courageous enough to confess that the last decision was a big disaster. He is just like a puppet on a string, ridiculous.

So we just can put lots of hope in the federal court and find a lot more people who are ready to help with small money (because lots of small will be one big!!!)

Free the West Memphis Three!

As far as what Burnett did this week - has anyone bothered to read what he was required to find before he granted a new trial? I bet 95% of you who chant the mantra "Free the WM3" have NO IDEA what his role is in this process do you ? Before you drink the kool-aid, see what the ingredients are first.

Set aside the facts and show me what is wrong this this legal conclusion: "Proof of actual innocence requires more than his exclusion as the source of a handful of biological material that is not dispositive of the identity of a killer" --- show ey how this is wrong

Instead of wanting a ruling that is based on the same rules that apply to everyone - you want this issue ( of whether to grant a new trial) to be based purely on emotion and celebrity status.

Did you see what a guy who was convicted of killing several civil rights workers this week had his conviction overturned. Like the WM3 he was connected to an unpopular group, the KKK. The evidence against him was old. Could you say there was a witchhunt against the KKK on the part of the FBI? Easily. He didn't get his sentence overturned because Eddie Vetter dedicated a song to him. The reason his conviction was overturned was because they correctly applied the
law. Specifically statute of limitations. The process worked - and a convicted KKK murderer gets to walk.

Unlike most of you commenting on here, I read Devil's Knot and even the pleadings filed on behalf of the WM3.

Once you are convicted - there are some avenues in the law that allow a convicted murderer to get a new trial based on DNA. So anyone on here railing against Judge Burnett's decision care to try to explain what he would have to find to allow a new trial? I doubt it - because that would require logic and law instead of knee jerk emotional ramblings right?

But, keep throwing around vague broad terms like justice and liberty without reference to the rules that protect our liberty. Have a rally and a concert even. But if you do, please have it in LR and at least bring some cool bands.

I'm not totally anti-WM3. I'm not even saying they don't deserve a new trial or are guilty ( had I been on jury, don't think I could convict on that evidence) I wish the Gov. would commute their death sentence and all death sentences. My only point is the rules should apply to them like anyone else - even if they didn't get a fair shake in their trials. Don't say there was an unjust result of a particular hearing when the rules don't allow for a particular result ( and to know what that result should be - wouldn't it help to learn the rules ? )

But what do I know ? I'm just a on the sidelines, cheering for no one in particular

No one ever likes to fight with me about law or rules on this blog. So I guess I'll have to settle for ad hominem attacks on my character. No fun.........

Judge: No new trial for West Memphis killings; Ignorant protests likely to follow

Associated Press

LITTLE ROCK - A judge has denied a request for a new trial for three men convicted of killing three boys in West Memphis 15 years ago.

Circuit Court Judge David Burnett issued an order this evening denying the request. Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley - known by supporters as the "West Memphis Three" - had requested a new trial, arguing that new DNA evidence clears their clients.

Both Baldwin and Misskelley claim their lawyers failed to adequately represent them during their separate trials. Their lawyers also say DNA evidence provided by Echols' defense team shows the men did not kill Steven Branch, Christopher Byers and Michael Moore.

"The court finds that (Echols') DNA-testing results are inconclusive because they do not raise a reasonable probability that he did not commit the offenses; that is, they are inconclusive as to his claim of actual innocence" Burnett wrote in the order.

In his appeal, Echols argued that newly analyzed DNA found no trace of him, Misskelley or Baldwin at the crime scene. But Burnett said he agreed with prosecutors' arguments that the absence of DNA didn't equal innocence.

"Proof of actual innocence requires more than his exclusion as the source of a handful of biological material that is not dispositive of the identity of a killer," Burnett wrote.

Burnett also said that even if he agreed that the new DNA evidence should be heard in court, he would deny Echols' request for a trial because there was "not compelling evidence that he would be acquitted."

U.S. District Court Judge William R. Wilson Jr. ruled in November that claims about the DNA evidence first needed to be heard in state courts. The Arkansas Supreme Court has upheld their convictions.

Do we really think those boys would have been convicted -- or even brought to trial -- if the DNA evidence pointed elsewhere? As it now does?

That's a judgment call, and the evidence IS compelling that the boys would be acquitted, meeting that standard. The problem is that the evidence of mishandling by the police, prosecutor and judge is also compelling, and would be brought to light.

Therefore once again, the guilty run free while the innocent rot in jail.

Vengeance is mine, says the Lord. I would not want what these men have done on my conscience, regardless of how they hide behind the law.

No one should have been surprised by Judge Burnett's decision. I am angered by it regardless. Fifteen years evidently isn't long enough to keep innocent men in prison. This farce of new trials would not have even happened if he had of declared a mistrial in the original trial. Jury misconduct would have been have been the basis. One juror talking to an attorney about the case is grounds for an appeal. And yet the public finds out about this 15 years later! Judge Burnett knew about it all along! And what about the cult expert, or so called cult expert, that fingered Damien Echols for the crimes. He did not even have the credentials to testify about this information, and yet he spouted off about subjects that he was not qualified to do. Andrea Yates got a new trial for the same misunderstanding! And what about the overabundance of media coverage with this trial? I did not even live in Arkansas and I saw those boys paraded in front of the camera with handcuffs on all most every night when this was going on. This would have tainted any jury pool around! What about Misskelley's false confession with NO parent or lawyer around--grounds for a mistrial too.

There are so many errors that happened in this trial that its blatantly obvious! It's time to correct these mistakes, but to do so we have to have Judge Burnett removed from it. This evidence has to be heard on the federal level. You can tell that he has washed his hands of it--and actually who can blame him? He showed his true colors and jurisprudence during all the motions and denials he has given in this case. He does not want to admit he is wrong, the police were incompetent, and the prosecution made a hasty decision to try these boys for murder on NO evidence, just evidence manufactured through false testimony and innuendo. Some of these men made their career on this case--do you think they are going to admit they're wrong? No--but the truth will come out someday. There are way too many people watching this case not to find the one "smoking gun" to free these men.

We are watching, Judge Burnett and the prosecution--We will find the evidence to free these men and then I hope these guys sue the Hell out of Arkansas for wrongful imprisonment! Frankly, I wished they could sue the Hell out of you personally, then you might have did a better job the first time around!

The one thing that bothers me is the lack of news coverage. Everyone in America knows about the Britney Spears custody plight, the OJ Simpson debacle, the little missing girl Caylee Anthony, that jerk Drew Peterson, The argument between Rosie O'Donnel and Donald Trump, Sarah Palins popular eyeglasses etc. These things are talked about to death. I'm sick of hearing about these people.

My friends have never heard of the West Memphis 3. There may be a lot of coverage in the Arkansas area but nationally it's not talked about. I've only seen bits and pieces over the years but nothing that really makes them stand out. I really wish Greta Van Susteren from FOX News would do a special on it. She investigates everything else. Even the stupid stuff.

Maybe the major networks ABC, NBC, CBS and FOX don't think they are newsworthy and popular enough. If Paris Hilton was murdered we'd hear about it for years. People would be covering her grave in flowers and crying their eyes out. Every channel would be talking about it to death. She's not even important! Three little innocent boys are murdered, three teenage boys are convicted of their murder with no evidence, the judge and prosecuting attorneys are corrupt and the major networks don't care!

I have lived in a small town in the south before and the complete ignorance of the people there is astounding. i unfortunatly am not surprised that the judge denied new trial for the boys. What type of country do we live in where a complete injustice such as being convicted of murder with no evidence, and a statment from a scared mentaly hadicapped child WTF! This isn't the dukes of hazzard. Where are all the humans rights groups when you need them or are the just as ignorant as the judge and authorities down there. I live in a big city and the shit that happened there would never fly here, what happened to due process and innocent until proven guilty!??? They we're guilty before the we're aressted.It was probably the officers down there that did it. I'm sure everone has seen "Deliverence" it happens in the towns. I wear black, love meatal and punk music and i am a manager of a retail fortune 500 company also a single father. Hope Idon't get conviceted in the case either, this is a travesty that will continue until it is brought to the attention of all the american people.

As with many other supporters I never had any really great hope that Burnett would ever and will ever admit he was wrong. Although I had a feeling, he would somehow try to dismiss the guys and all the evidence that has been collected, i am still fuming!!!!
I live in the U.K and do not understand the American Legal System at all, how is it possible that a Judge can sit hearings for Jason and Jessie but not for Damien? when according to the original trial they all partook in the crime together.
The only thing everyone can do now, is keep fighting, keep spreading awareness, hope that Burnett doesn't waste any more precious time, and wish for Federal to help and see the truth.
Lets not forgot the victims and their families, there have been too many question marks for too long, they deserve justice and the truth, and the real perpetrator needs to be caught and punished, so the three young victims can finally rest in peace.
While on the topic of punishment, why do some States such as Arkansas still have the death penalty? It is an ancient and barbaric act, and has been used on many INNOCENT people. It should be abolished!
My wish for now, is for a speedy journey to Federal level for Damien, Jason and Jessie and then I will pray for exoneration.
Free The West Memphis Three!

I can't even begin to express the level of contempt I feel towards the people responsible for this travesty of a trial!

I was 13 years old when this all started and even I could see that those boys were being railroaded.

I don't know much about the American legal system, but it seems to me that the judge should recuse himself, and the trail should be moved to somewhere less backward and prejudicial.

It makes a complete mockery of the term "Justice System".

Free the West Memphis 3.
Aylrie.C Perth, Western Australia

My only question is how can Judge David Burnett sleep soundly at night knowing that his decision NOT to give them a new trial does not serve justice in any way, shape, or form? In this day-in-age with so much credibility put on DNA for multiple kinds of cases (paternity, murders, rapes, etc.) how can he reasonably say that newly found DNA evidence would make no change whatsoever in the case? I honestly feel sorry for anybody that has to now, or in the future go before him or any Arkansas court system, for this shows that facts have no relevance there. The only other thing that I can really say is may god have mercy on him and the entire Arkansas Judicial system because both of them are making nothing more than a mockery of American, and Human justice.

the "manu" guy who commented is retarded, if he did read devils knot with anything higher than a third grade reading level he would be pissed like everyone else who read it. injustice in any form needs to be rectified immediately. and it should not bee seen by the same judge anyways. it is like trying to make a christian a muslim, or shooting a dead animal to kill it again. if these laws you talk about to "protect us" and "defend our liberties" are not willing to see justice through, obviously they need to be changed so they can actually defend us. cause it isnt like they havent done it 3+ times anyways since this trial, on other circumstances regarding different things that were discovered wrong with the legal system in your state. and it doesnt make you a "celebrity" by being in prison, it makes you nothing. judge birdhead and prosecutor bungleman and anyone else involved with this case should be in prison themselves for making a mockery of the justice system in this country. and i will chant this FREE THE WM3 and i know everything that it stands for. it stands for justice.
www.myspace.com/chadblaze www.wm3.org

Arkansas has been making news in the last few years with the number of convictions that have been questionable to say the least. The most notable of them being, the West Memphis three case, involving Damien Echols, Jessie Misskelley, and Jason Baldwin.
However, there are many others in Arkansas facing similar situations. Arkansas Prosecutors have no actual oversight and as stated by the Arkansas Attorney generals office this is because they are individually elected officials. The Arkansas Attorney Generals office when asked about the governance of County Prosecutors referred to the judicial conduct review board as being the monitor of Prosecutors. Yet, upon contacting them, I was told that they take in complaints regarding ethics violation of attorneys, but they have no actual roll in monitoring County Prosecutors.
One prime example of this backwoods legal system is a case involving a man named Marcus E. Clay. Mr. Clay was initially convicted of (5) five counts of Rape out of Grant County, Arkansas that allegedly occurred when he was (17) seventeen. However, Mr. Clay was actually in Ft. Benning, GA. for Basic training and A.I.T. when the alleged offences were to of occurred in Arkansas. Now, a logical person might ask how can this be...How can a man be convicted of a crime when he was not even in the state at the time it was allegedly committed? Let alone while he was under constant military watch. The answer is simple.
The main accuser was a girl that he had broken up with when he became legal age. She being disgruntled and also a Sheriff's Deputy's daughter, and who also had sent other people away for the same thing. Got together with (4) four of her friends and they all made allegations to the then school counselor. The small town sheriff wrote out a confession and he and another officer Detective Kent Williams (who was later fired for misconduct) held down Mr. Clay and beat him until he signed the confession. Now, one might ask, well he would still have to go before a jury, how could they do that when he had evidence? When the Jury was asked how many of them knew the defendant not one hand was raised. Yet, when they were asked if they knew the accusers or their family every member of the jury raised their hand. So how could this be a fair trial? He was sentenced to a term of life + (80) eighty years, but after only a year and a half the State Supreme Court reversed and remanded it back to the same County for (5) five new trials.
While waiting for the new trials, he was brought out and seen by his "attorney" a public defender named John Kearney and the Prosecuting Attorney at that time "Harold King". He was threatened by the Then Prosecutor Harold king with a guarantee of (5) life sentences if he made the county go through (5) five new trials, and cohersed into taking a plea agreement for a term of (20) twenty years under the instruction of the public defender that it was the only way he would be able to get a change of venue and a new fair trial in a different county. In the words of the Then public defender that is now a District court Judge John Kearney, upon recalling the situation after testified at the hearing for a writ of Error Coram Nobis. (Taken from a Phone conversation Mr. Clay himself recorded.)
"Marcus Clay: ok they're saying (the grant county Court) that you said, that you, that they were never there, that there was no intimidation, now you were there when I was told in front of him (judge John Cole) that if I did not take, it was not any you could face this, it was "you will get this if you make this county go through (5) five more trials was it not? (Referring to (5) five life sentences)
John Kearney: right, and recollection was that he did say that
Marcus Clay: Harold King said that
John Kearney: Right
Marcus Clay: and John Cole was right there
John Kearney: and I don't remember that he was, but I don't, you know, I don't doubt that he was there because obviously he was, he was there at some point"
Marcus Clay: We discussed this before that you know at that period of time you told me that was the only way to get a new trial was to go ahead and fight it later
John Kearney: Yeah
Marcus Clay: So you told me that and that's what I did, I mean, I was under the impression that this was my only means, you never told me you only have 90 days to change you plea
John Kearney: right"
Judge John Cole mentioned in the Conversation was the then Circuit Court Judge for Grant County and is now retired. In Arkansas it is illegal for a judge to be present or involved in plea agreements or negotiations. However, as acknowledged by the current District Court Judge John Kearney, he was there and participated in it "at some point"
The problem is that when Mr. Clay received a hearing on what is called a Writ of Error Coram Nobis, (a very rare remedy more known for its denial then its actual approval), Judge Kearney in his testimony denied any thing that would actually get him into trouble, for that matter his memory became so vague when it was stated by the deputy Prosecutor "Now Mr. Kearney we have both been attorneys for many years and what Mr. Clay stated would be illegal, and you wouldn't do any thing illegal would you?" John Kearney answered the question with "no, I don't believe I would" and after that he could not even recall if there even was a plea agreement made.
The head Prosecutor, Eddy Easley was in private practice when the alleged offences originally came to light and Mr. Clay had asked him if he would represent him in the matter since he had represented Mr. Clay in a juvenile offence. Mr. Easley had gotten Marcus E. Clay (5) years probation on an unrelated juvenile offence and also represented him in getting his probation cut early so he could get into the Army. In doing this, he verified when Marcus went into the Army and how long he was going for. As well as, the fact that Marcus Clay had done his Probation in Michigan and received all his probation reports acknowledging his compliance with his probation before he agreed to go to the court to get the probation cut. Yet, the same deputy's daughter was some how related and connected to Mr. Easley and he cited a conflict of interest.
While sitting in John Kearney's office, John Kearny had called Eddy Easley who is now the head prosecutor of Grant County Arkansas to discuss the write of error Coram Nobis and asking why the state was contesting the motion since he had first hand knowledge of the situation. Eddy Easley's response was this "John we both know the boy was not here, but I am an elected official and I like my job, that means if I want to keep my job I have to look out for my constituents, just tell Marcus it's nothing personal."
Mr. Clay speaking with Judge Kearney after the hearing on the writ of Error Coram Nobis recorded this over the phone.

"Marcus Clay: I'm going to get it to ya, (referring to a copy of the judges order) I mean my thinking is 'cause here's the deal I'm looking at (clears throat) we both we talked about this, you know in regards of what should of happened back then and what did happen
John Kearney: right
Marcus Clay: the bottom line is you know I was never told, no one ever read this out asked me if I had, if I have been cohersed, if I was in agreement or anything
John Kearney: ummm hmmm
Marcus Clay: and you testified to that, you testified that I did not want to take the plea
John Kearney: right
Marcus Clay: and Eddy Easley is sitting back, you know he let his underlings handle it because you and him have already talked about it, he acknowledged to you that he knew I was gone
John Kearney: right
Marcus Clay: So how could I have committed the crime if I was not even in the state and the head prosecutor knows about it?
John Kearney: well I mean that's the whole jest of, of your case"

Grant County has a long history of corruption in Arkansas, from Prosecutor Dan Harmon being indicted and convicted of drug usage and stealing drugs from evidence. To the last chief of police David Hooks being indicted for stealing funds to purchase things via the internet, but in this case the Judge Chris E. Williams himself stated in the order denying the Writ of error Coram Nobis that the court never received any evidence in regards to Marcus E. Clay being in the Military to prove his allegation that he was not even in the state. This is ironic since then Attorney John Kearney who was a private attorney at the time filed the initial petition. Had a Certified copy of the military record attached to the Petition and filed it as evidence under seal before becoming a Judge. So, what happened to that piece of evidence, since it was attached and filed under seal? They received the petition.
The Prosecutor of Grant County even went so far as to try to justify the Plea agreement as being part of another plea that took place in Saline County Arkansas in regards to a Marcus Clay in which he received (20) twenty years for rape. The problem with that is that the Other Marcus Clay is a Black male named Marcus L. Clay and 3 years younger then Marcus E. Clay. The Judge was also provided with a copy of that mans Judgment and commitment order to prove this but stated in his order to Dismiss Mr. Clays Writ of Error Coram Nobis that he never got that either and that he was in fact the same man as the black male charged in Saline County.
Mr. Clay has even filed for a full Pardon only to be told by Governor Mike Beebe's assistant Amy Click, "the Governor greatly frowns upon this type of charge and takes them very seriously, and I will tell you now he will not put the state in a position to be sued or do anything that will damage the image of Arkansas." This coming, even after Presidential Mike Huckabee's Director of research Joe carter had a person from the campaign contact Mike Beebe's office and share their research and information. As a result, even with all evidence presented Mr. Clay was denied a pardon. So where does the Corruption end? Mr. Clay has recorded conversations with Senator Blanche Lincolns Military Liaison Rod Sweetman acknowledging that he had looked into it and he knows Marcus Clay was in Ft. Benning But in his words.

"Marcus Clay: Well, I mean if someone contacted you to, and asked, Hey, could you verify that you looked into this and he wasn't in the State. I mean, would you be able to give them what you found out. Rod Sweetman: That depends on who it is.
Marcus Clay: Like a State Senator or Congress, State Congress, Representative, or what ever
Rod Sweetman: That is basically who it is, you know we .. There's not a lot we can do because it's going to be up .. The Military's already said what they want
Marcus Clay: Oh ya, well they told me that I had to have this off me, if that is what you're talking about. They could. (Cut short)
Rod Sweetman: ya
Marcus Clay: (continued) . take me back without this, but I mean, you had talked, you had contacted then and looked into it and found out that I wasn't, you know, even in the state at the time
Rod Sweetman: Oh, Ya, It's still going to be up to the investigation, for what they come back with."

Congressman Mike Ross's office just told Marcus "The congressman does not get involved in such matters, but good luck." When Mike Huckabee was governor he promised Marcus Clay a full pardon as soon as he was eligible for one and told him to apply. Stating to him, that since he was not eligible for one at that time. He would write him a letter of recommendation to get back into service until he was eligible. But in his last year in office, he deferred Marcus Clay since he was starting to receive heat for the Wayne Dumonds situation. However, Marcus E. Clay did record a conversation with Joe Carter, Mike Huckabee's director of research and in Joe Carter Stated.

"Joe Carter: This Joe
Marcus Clay: yes Mr. Carter
Joe Carter: yes sir
Marcus Clay: I'm trying to figure out what my next course of action should be in trying to get my life back and I was kinda curious as to ..you said yesterday that or day before yesterday when we spoke that you guys had contacted Governor Beebe's Office what exactly did his office say and what was basically the just of the conversation so I know what I need to do next?
Joe Carter: Well that I mean I didn't talk to them directly we had one of our guys call them but they were like you know.. they you know their not, their not friendly to us at all. They don't like us, what your telling us is obliviously what your telling us is true, you should have your lawyer file charges on this I mean you can prove you were out of state then you should take that to the judge who umm. who umm presided over the case. I mean they should just be able to just throw out the conviction.
Marcus Clay: He's retired now and the prosecutor is taking the stance it would set a bad president.
Joe Carter: ok, so I.I.still don't know why Beebe's office won't just hear your case.
Marcus Clay: They probably would but it's going to take another year and a half to get through to them and like I said I have to go through steps of Parole Board and that takes four to five months then it's got to go up there then I have to sit and meet with everyone you see what I'm saying?
Joe Carter: yeah
Marcus Clay: An, an I'm trying to get into the military now and get my life back now
Joe Carter: yeah I can understand that
Marcus Clay: I've been patient and went through the steps already and, and I kinda got kicked in my mouth. Did your guy even tell his office that I was wrongfully convicted?
Joe Carter: Yeah but listen I mean it's like having I mean we're the wrong people I mean having your name attached to it would slow the process down, I mean they would hold on to it just to screw us because they hate, hate governor Huckabee so bad. So it one of those thing I mean honestly if Governor Huckabee said we'll help you out it would hurt you and drag the case out longer, that's why I'm saying you should threaten to go to the press if governor Huckabee ..uhhh Governor Beebe staff just doesn't take it seriously. I mean it's umm
Marcus clay: I understand
Joe Carter: It's just you know how I mean you know how Arkansas Politics is
Marcus Clay: yeah it's like Joe Carter: they will screw some an innocent person in order to get back at a political rival
Marcus Clay: Alright well I do appreciate you
Joe Carter: I wish there was more we could do but you know how..it's just we do not want to get involved in a way that could be more detrimental to you than be helpful"

So where does the corruption and games stop, and the justice begin. The Local media will not take on a story like this saying it is not the type of thing they are interested in. The director of KATV channel seven (7) did state however, that if Marcus Clay reoffended or committed another crime they would be more than happy to cover that.
For Marcus Clay there are no resources for legal help. Legal aid does not assist in criminal matters, and the innocence project only takes on cases where the accused is currently incarcerated. While many attorneys' site time lines for appeals and then want a minimal of ($4,000) four thousand dollars or more to take a case. However, what everyone either fails to realize or just does not care about is, these are not regular charges like Burglary, or theft of Property, or drug charges. These are sexual offences he is charged with, the most hated and vile of all crimes, and under the Offender registration laws he can not gain work because in Marcus Clays words. "Every time I apply for a job I have to disclose the convictions, and after I do that I never get a call back or they tell me they will be in touch and then NOTHING." At some point someone has to take action on this matter, the violation of civil liberties and rights are too obvious to be ignored.

You see stories like this in old movies about backwoods justice and even in the song "the night the lights went out in Georgia", Yet in a modern society that even though the justice system is not perfect, something this obvious should immediately be rectified and corrected. In Arkansas there is no statute of limitations on criminal sexual offences. A person can commit an offence and they can bring charges against them (50) fifty years later. But, in Arkansas the window of correcting a false conviction is so short and with such limited resources to use. It is virtually impossible to find justice, especially when Arkansas has been set up to be basically, a no fault, and no liability state.

(NOTE): I can provide full copies of all recordings (which are legal under Arkansas law) and Transcripts of Documents cited in this article, upon request.