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WM3 slam of Jonesboro judge

Advocates for the West Memphis Three have distributed a statement slamming Circuit Judge David Burnett of Jonesboro for refusing to hold a hearing on new DNA evidence in the murder cases agains the three and denying a new trial for Damien Echols, who has been sentenced to die. He has two more petitions under consideration. I guess the WM3 supporters figure he's not going to get any better.

STATEMENT ON WM3 DECISION

Following a ruling Wednesday that no new evidence would be heard in the case of the West Memphis Three, supporters of the three men maintain vehement opposition to what they call the "mockery" being made of the Arkansas legal system in this case.
"Judge [David] Burnett¢s order yesterday denying Damien Echols and Jason Baldwin a new trial was more than just another injustice in the long and tragic history of this case; it blatantly disregarded the statute that our Legislature enacted in 2001 to ensure that citizens are not executed or imprisoned when new scientific evidence demonstrates that they are innocent," said Lorri Davis, wife of Damien Echols.
 
According to Arkansas Take Action, a non-profit organization formed to seek justice for three men convicted of the triple homicide of three young boys in 1993, the 2001 statute requires a judge to weigh all evidence regarding guilt or innocence. The statute expressly orders that a judge will consider new items of evidence not presented at the original trial to determine whether a defendant would now be acquitted by a jury of peers. If Burnett had allowed it, the court would have heard a multitude of evidence, including the following:
 
1.  that none of the collected DNA matched any of the defendants, but DNA evidence points to another suspect, Terry Hobbs (stepfather of one of the victims);
 
2.  that witnesses placed Echols at his residence on the phone several miles away;
 
3.  that the wounds the prosecution claimed were inflicted in a satanic ritual by a survival knife found near Baldwin¢s house were shown by forensic pathologists to be the result of post-mortem animal predation;
 
4.  that the state¢s Satanic expert was a fraud, having obtained his Ph.D. through a now-defunct mail-order college, and later having written a book claiming that two girls were abducted by aliens but recalled nothing of the encounter until he, Dale Griffis, was able to extract the information through hypnosis; and,
 
5.  that a key prosecution witness, Anthony Hollingsworth, who testified to seeing Echols near the crime scene, had explicit motive to lie to prosecutors. Not only was he on probation for sexually assaulting his sister at the time of his testimony, but recent child rape charges against him were dismissed by one of the prosecutors in the case.
 
In addition to all this, ATA co-chair Capi Peck said, "the notion that Echols¢ and Baldwin¢s guilt was determined by facts presented from the witness stand at trial is preposterous in light of what has been revealed as jury misconduct."  A sworn affidavit from a Little Rock attorney, hired on an unrelated matter in 1994 by original Echols-Baldwin trial jury foreman Kent Arnold, outlines the misconduct in explicit detail.
 
According to the affidavit, still under seal, Arnold admitted that he had:
 
1.  misled the court about his opinions in order to secure his selection as a jury member;
 
2.  prejudged the defendants¢ guilt;
 
3.  used a statement from Jessie Misskelley from a separate trial in the case to sway the jury to return a guilty verdict. (This despite the fact that he told the Little Rock lawyer the prosecution had not proved its case and that the Misskelley statement was all they would have to go on). 
 
Misskelley's statement was inadmissible in the Echols-Baldwin trial, as Misskelley had recanted and refused to testify against the other two men.  The jury's consideration of it, from what had been gleaned from news sources, and the prosecution's "slip" in referring to it during arguments was a clear violation of the defendants' sixth amendment rights
 
"By refusing to hear the evidence not presented at the first trial, Judge Burnett has evaded, but cannot suppress, a simple truth," Davis said. "Damien Echols and Jason Baldwin would surely be acquitted of these charges if they were tried today."

 

Comments

How long can Judge Burnett get away with this?

What do we need to do?

Far wiser bloggers than I are out there and can point us in the right direction. Six degrees of separation time, A-T'ers.

NormaBates, I think I read that Burnett (sorry, I will not refer to him as j***e) is retiring shortly. If so, that will be a major plus for the Arkansas judicial system.

Other judges will finally be getting their hands on this case, judges who don't have the need to protect an injustice they helped perpetrate 14 years ago. Remember, Burnett was the original trial judge and let that trial get away from him. He didn't have the backbone then, and he doesn't have the backbone now. If he was to allow this new evidence, he would essentially be admitting he was responsible for a terrible miscarriage of justice in 1994.

It is just a matter of time until justice is done. How shameful it will be to Arkansas' reputation when these 3 young men are set free. Any reparations ultimately paid to the WM3 for their wrongful incarceration should not come from the entire state, but by West memphis which was wholly responsible.

Everyone associated with this case from the gov't side is a despicable lout who has done nothing but cover themselves with shame. Some day their GOD will judge them and they won't like his justice.

Thank you, Sound Policy. And 70%er.

I'm not much for waiting around for "GOD" to judge anybody in the presumed "hereafter."

I'm for doing it now.

So, Sound Policy, is there anything we can actively do NOW to rectify Burnett's inhuman miscarriage of justice?

For hurricanes of a different sort, here's your site to track 'em, Hogs.

Ike looks like a nasty direct hit over Arkansas.

Bookmark it for the future.

Norma, surely the refusal to recuse by this scum sucking son of a whore Burnett can be appealed.

This bastard is no different than the witch burners of the 17th century.

A step-father's hair found in the knot used to tie up a victim is not enough for a new trial? And, his friend's DNA found as well, even though he supposedly was not on the crime scene?
These men are innocent, as they have claimed from the start, and three little boys are dead. These little boys deserve justice.
Burnett can't admit his mistake. Typical of a judge who refuses to see the truth.

If all those friggin liberal weenies out there had not passed all those protect the guilty and jail the innocent laws this probably never would have happened. It seem to me that any and all courts of law should be MORE THAN WILLING to examine any and all evidence in any case. If injustice was done, corrective measures should be taken immediately. If I was the judge in the case, both then and now I would really want to know the truth to what happened. IF the West Memphis Three were convicted erroneously, I would want to be the one to find out first and rectify the matter. If the "new evidence" is viable and proved that, good, if not then I would be glad for the check into the reality of the situation and to find out that justice had been served with both honesty and integrity. Oh, wait, in our wimpy let the killer go laws passed by liberal whiners there is no honesty or integrity, just the wish to get away with as many crimes as possible at the expense of the rest of the world.

New evidence appears to directly conflict with the original verdict including the illegal actions by an incompetent juror which by itself demands a retrial, this time with transparency.

Much as I am embarassed and hate to suggest it, it may be time for an expose' by out-of-Arkansas media to point out the apparent misjustice. Are you awake Dateline, NY Times etc? Then the whole matter can be honestly put to rest.

"So, Sound Policy, is there anything we can actively do NOW to rectify Burnett's inhuman miscarriage of
justice?" NormaBates

I'm sure you've heard the old phrase "the wheels of justice turn exceedingly slow" or something similar. That is certainly true re this miscarriage of justice. We know under our system of justice we are supposed to be presumed innocent until tried and convicted, but did you know that once convicted the opposite is true? You are then presumed guilty during any appeals process, and must overcome that presumption of guilt to reverse an erroneous verdict.

The official West Memphis 3 web site (blue name) is a good way to keep abreast of news. But there is nothing any of us can do 'actively' to fix this mess. We must hope that the Arkansas Supreme Court will seriously review the DNA and other evidence, like hair samples at the crime site, and will come to a different conclusion.

I've served as a juror on both civil and criminal cases (one for capital murder many years ago), and can tell you from personal experience the evidence is rarely ironclad. What folks see on TV shows is just so much BS! There are almost always serious gaps in the evidence presented by prosecutors. Jurors must try to fill in those gaps, and do so correctly without any training but only verbal guidance from the court. The problem is someone's life or a major part of it may be hanging in the balance if a jury makes the wrong decision.

This miscarraige of justice does not surprize me one bit! When your dealing with "mental midgets" such as judge birdhead and prosecutor bungleman, (excuse me judge burnett and pros. fogleman). To have anything with any logic with either one would be a miracle from the heavens above... For myself to ever be stuck in the vicinity of these incompetents in the future, would make me think of what a not so great man once said. "I'm going to come to your graveside. I'm going to spit on you. I'm going to curse the day you were born. And I'm sure, while I'm standing there, I'm going to have to have other bodily functions let go on your grave. i promise you blah blah blah) John Mark Beyers (paradise lost). anyways sounds like an idea, but definitely directed at the wrong persons. Cant wait to one day visit arkansas in the future. Hopefully by then the legal system will be fixed....

This miscarraige of justice does not surprize me one bit! When your dealing with "mental midgets" such as judge birdhead and prosecutor bungleman, (excuse me judge burnett and pros. fogleman). To have anything with any logic with either one would be a miracle from the heavens above... For myself to ever be stuck in the vicinity of these incompetents in the future, would make me think of what a not so great man once said. "I'm going to come to your graveside. I'm going to spit on you. I'm going to curse the day you were born. And I'm sure, while I'm standing there, I'm going to have to have other bodily functions let go on your grave. i promise you blah blah blah) John Mark Beyers (paradise lost). anyways sounds like an idea, but definitely directed at the wrong persons. Cant wait to one day visit arkansas in the future. Hopefully by then the legal system will be fixed....
www.myspace.com/chadblaze

This miscarraige of justice does not surprize me one bit! When your dealing with "mental midgets" such as judge birdhead and prosecutor bungleman, (excuse me judge burnett and pros. fogleman). To have anything with any logic with either one would be a miracle from the heavens above... For myself to ever be stuck in the vicinity of these incompetents in the future, would make me think of what a not so great man once said. "I'm going to come to your graveside. I'm going to spit on you. I'm going to curse the day you were born. And I'm sure, while I'm standing there, I'm going to have to have other bodily functions let go on your grave. i promise you blah blah blah) John Mark Beyers (paradise lost). anyways sounds like an idea, but definitely directed at the wrong persons. Cant wait to one day visit arkansas in the future. Hopefully by then the legal system will be fixed....
www.myspace.com/chadblaze

This miscarraige of justice does not surprize me one bit! When your dealing with "mental midgets" such as judge birdhead and prosecutor bungleman, (excuse me judge burnett and pros. fogleman). To have anything with any logic with either one would be a miracle from the heavens above... For myself to ever be stuck in the vicinity of these incompetents in the future, would make me think of what a not so great man once said. "I'm going to come to your graveside. I'm going to spit on you. I'm going to curse the day you were born. And I'm sure, while I'm standing there, I'm going to have to have other bodily functions let go on your grave. i promise you blah blah blah) John Mark Beyers (paradise lost). anyways sounds like an idea, but definitely directed at the wrong persons. Cant wait to one day visit arkansas in the future. Hopefully by then the legal system will be fixed....
www.myspace.com/chadblaze

This miscarraige of justice does not surprize me one bit! When your dealing with "mental midgets" such as judge birdhead and prosecutor bungleman, (excuse me judge burnett and pros. fogleman). To have anything with any logic with either one would be a miracle from the heavens above... For myself to ever be stuck in the vicinity of these incompetents in the future, would make me think of what a not so great man once said. "I'm going to come to your graveside. I'm going to spit on you. I'm going to curse the day you were born. And I'm sure, while I'm standing there, I'm going to have to have other bodily functions let go on your grave. i promise you blah blah blah) John Mark Beyers (paradise lost). anyways sounds like an idea, but definitely directed at the wrong persons. Cant wait to one day visit arkansas in the future. Hopefully by then the legal system will be fixed....
www.myspace.com/chadblaze

This miscarraige of justice does not surprize me one bit! When your dealing with "mental midgets" such as judge birdhead and prosecutor bungleman, (excuse me judge burnett and pros. fogleman). To have anything with any logic with either one would be a miracle from the heavens above... For myself to ever be stuck in the vicinity of these incompetents in the future, would make me think of what a not so great man once said. "I'm going to come to your graveside. I'm going to spit on you. I'm going to curse the day you were born. And I'm sure, while I'm standing there, I'm going to have to have other bodily functions let go on your grave. i promise you blah blah blah) John Mark Beyers (paradise lost). anyways sounds like an idea, but definitely directed at the wrong persons. Cant wait to one day visit arkansas in the future. Hopefully by then the legal system will be fixed....
www.myspace.com/chadblaze

Never should anyone exclude the quotee from his own quote.. john byers is the real bad guy in this case.. way to go arkansas justice system. sorry about the million posts as well, it wasnt me (unless im being looked at by West Memphis Police and/or courts) then it would be my fault im sure. Plus id be an occultist/satanist trying to push my views. FREE THE WM3.
www.myspace.com/chadblaze

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