West Memphis Three: Miscarriage of Justice or Liberal Cause Celebre du Jour?

Great Debates
1

Does anybody have any thoughts on the guilt or innocence of the West Memphis Three? For those not familiar, it’s a cause celèbrè with many students, Wiccans, legal followers, etc., as it involves numerous lurid and unusual features: allegations of occultism, religious Fundamentalism, police incompetence, murder most foul, Southern Gothic settings, and the possibility that an innocent kid was sent to death row and two others to life in prison.

The best objective intro to the case is probably at Crime Library , though the court records at the official site also show both sides.

Like most people interested in the case, I first learned about it in the HBO documentaries Paradise Lost and Paradise Lost 2: Revelations. It’s not at all surprising that anybody watching those movies would be convinced of their innocence, but the story isn’t that simple.

To date, only one book has been written about the crime (Blood of Innocents by Guy Reel), and it’s perfunctory at best: it lacks an index or documentation and is clearly taken from public record rather than interviews with any of the people involved.

To me, the most damning evidence is:

-the multiple confessions of Jesse Misskelley (I think because of his low IQ [72] most people are eager to dismiss this, the strongest part of the prosecution case by far; however, the fact that he repeated and expanded the confession even after the trial [ignoring his legal counsel] is indicative of its accuracy, though he has since recanted.
-the statements of Jason Baldwin about Echols when questioned while awaiting verdict whether he felt Echols was guilty (“they sure made it seem like it”- certainly doesn’t sound like the denial you’d think a person’s best friend would issue)
-Echols’ acknowledged interest in black magick (yes I know- mainstream Wicca is a peaceful religion and based mainly on genteel paganism with a heavy dose of “make-it-up-as-you-go-alongism”, but Echols was also a reader of Crowley and on the magick cultures of other eras which did preach human sacrifice)
along with his anti-social personality
-the contradictions and changes in alibis for the boys
-the statement of eyewitnesses placing Echols near the scene on the evening of the murders
The most exonerating evidence (imo):
-the numerous inaccuracies in Misskelley’s confessions
-the general quackery of “Dale Griffis, Cult Cop”
-the recanting of Vicki Hutcheson, whose testimony resulted in the arrest of the three
-the bungling of the evidence by the police (the “Mr. Bojangles” blood sample, leaving the sticks that had clearly been handled by the murderers at the scene of the crime, etc.)

  • the total lack of physical evidence connecting the three to the crime
  • the personality profiles of the likely killer(s) drawn by forensic experts which do not in the least match the three convicted, as well as their opinion that where the bodies found was a dump site rather than the murder site

So what is your opinion? Should they receive a new trial, were the documentary makers unreasonably biased, is Byers the true killer, or your opinions on any other aspect of the case.

2

I was living just across the river in Memphis when the murders took place, as I do now. The media frenzy around the West Memphis police department was very intense. They looked like fools. I remember seeing a report about the arrests and saying “These kids are scapegoats. They just had to arrest somebody” This was a long, long time before the documentaries. These were the unpopular kids in school, somebody started a rumor, they couldn’t afford anyone to defend them, and to the fundamentalism-addled brains of the town, it’s case closed. That’s the way small towns work. I could easily see exactly the same thing happening in my home town.

West Memphis is a very small town. It’s basically just a support structure for some very large truck stops at the junction of I-40 and I-55. Their pool of suspects was very small. However, just across the bridge is Memphis, TN, a city of a million people with no shortage of violent freaks, sex offenders, and a wide variety of other unpleasant people who would (and frequently do) commit similar crimes. If you’ve ever driven through Memphis on your way west, you’ve driven right over the scene of the crime. A murderer could have dropped off the body (and the lack of blood at the scene hints that the murder was committed elsewhere), hopped in his car, and been out of Arkansas police jurisdiction in five minutes and lost in the wilds of Memphis in ten.

3

Interesting case, indeed. I’d first heard of it a couple years ago, through a friend. I was very skeptical in regard to the claims of innocence, but I took a look at the sites that were cited in the OP.

I get the sneaking feeling that justice wasn’t done. The police work was poorly done, assumptions were made without clear medical evidence, shady testimony & “confessions” were given, etc.

I find it very worrisome that the police went ahead & questioned Jessie Misskelley, a minor, without the necessary waiver of his Miranda rights signed by a parent.

Indeed, I find it outrageous that Judge Burnett allowed the confession obtained during this constitutionally unsound interrogation to stand - I feel that shows a bias against all three defendants.

IOW, I think the whole thing was a sham. As soon as someone said “Satanists”, it was case closed. These guys were perfect - they were “outsiders”, guys who didn’t fit in & looked a bit scary (esp. Echols). It was easier to simply believe they committed these murders. It comforted the community to know that some freaks did it, not someone’s friend or neighbor. It satisfied the police, who were gunning for Echols, at least, since way before the murders. Wrapped everything up in a nice package.

4

I honestly wouldn’t be terribly surprised by their guilt or their innocence, but I definitely think a new trial is in order. It’s unfathomable to me that twenty-four people (two twelve person juries) found them guilty “beyond a reasonable doubt”, especially when the police admitted they lost the evidence of Bojangles man and when the only physical evidence was some fibers matched to clothing that belonged to family members of Echols and Baldwin. (It was theorized that it could have gotten onto their clothes in a dryer; never mind that the same fibers could be found on items at any Wal-Mart.)
The most horrifying thing to me about the documentaries wasn’t even the murders, but rather the people of West Memphis. Is there a full set of teeth or a high school graduate or a non-trailer home in that city? The poverty, the ignorance, the 15 year old unwed mothers and 32 year old grandmothers who already looked like rancid hags-- I would certainly turn to the occult or drugs or anything else that would give me a thirty-minute respite from the reality around me.
The Satanic Panic culture of the early nineties was incredible. Books and tabloid journalism (I remember a Geraldo “special investigation” in particular) actually made statements such as “there could be as many as 50,000 people killed in occult rituals each year and covered up by the vast conspiracy of satanic sympathizing officials”. Dale Griffis, the occult expert called into testify, had credentials that would make the most ardent 16th century witchsayer blush- he had a doctorate from a mail order university that didn’t even require a written dissertation and that was later ordered to close by the Federal government, and yet he was seen as a credible authority. Echols is unable to receive many of the books sent to him in prison due to the “occult nature” of the pieces, which include such “satanic” items as the Sandman comics, books by Stephen King and Anne Rice, and books on witchhunts. (The prison postal officials make the call as to what is and isn’t appropriate; at one time they wouldn’t allow Muslim materials, but an ACLU suit settled that one in the '80s.)
Above all I don’t understand why the State of Arkansas won’t even consider granting a new trial. Is it a cover-up or resolution that they were right or just more of the same stupidity that launched an investigation that makes the Salem Witch Trials look like the work of Sherlock Holmes that’s behind this?

5

In spite of it being a small town W. Memphis has a reputation for being quite the hell hole. It compared to other hell holes in Arkansas such as Pine Bluff. My wife turned down a decent job in W. Memphis because she’s been there and says it isn’t a safe place to live.

Marc

6

After reading the story on crimelibrary.com, I think it’s obvious the stepfather of one of the victims was involved.

7

John Mark Byers. In the documentaries, he comes across as a manic posturing psychotic who loves playing the grieving husband/father for the cameras. He also refers to his wife’s “murder” in one scene, which is odd since she supposedly died of natural causes while he was the only person in the room. (Her death was unexplained, but consistent with pillow smothering; when the paramedics arrived, his 17 year old stepson was doing what most boys would be doing when their mother was dead in the next room- he was having sex with his girlfriend on their living room sofa.) Byers also fits the forensic profile of the likely killer to the letter.

8

Going on the crimelibrary site, were I on the jury of any one of those three boys, I’d have to vote not guilty. I don’t necessarily believe they’re innocent - I’d want to see a more in-depth presentation of evidence that is presented at the site [sup]1[/sup] - but there’s certainly room for reasonable doubt. Spades of it.

To address the OPs category of ‘most damning evidence’ (please, please read that with a slightly tongue-in-cheek intonation, I’m not being snarky)

Misskelley’s confession - someone with an IQ of 72 is certainly capable of inventing a story and sticking to it. But if, as the crimelibrary site states, he said that he and his confederates committed the murders in the morning (when the three victims were at school that day) and that the investigators corrected him (you meant to say it was afternoon, didn’t you), that indicates to me that his confession was ‘managed’ to a greater or lesser degree.

Baldwin’s “they sure made it seem like it” statement re Echols’ guilt - that could be read in several ways. “They sure made it seem like it” in a tone of ‘conversion’ or, “They sure made it seem like it” in a tone of deep cynicism, as in the investigators made Echols look guilty as hell.

Echols’ interest in black magic(k) - just because someone reads Crowley doesn’t mean they practice what he preached. I’ve read some of his stuff myself, purely out of curiosity, plus some reading on other ancient religions - doesn’t mean I’ve the slightest interest in actually carrying any of that out.

Changing alibis - well, there were plenty of changed stories on the part of the prosecution too.

My biggest amazement after reading that site is that anyone involved in that investigation still has a job. It seems to have been hugely bollixed up from start to finish.

[sup]1[/sup]Or, indeed, than was presented at the trials

9

Um…

What?

What is your basis for the belief that there is a requirement for a parental signature on a Miranda waiver in this case?

From the Arkansas Supreme Court in Misskelley v. State… Now, I’m not ar Arkansas lawyer…but they all re.

  • Rick
10

I’m sorry to see that this thread did not result in more discussion.

I just finished watching both documentaries (I missed 'em the first time around).

I am not convinced that the teenagers were innocent although I am also not convinced that they were guilty. I am especially disturbed by the incident at Bojangles. Upon watching the film I had the strongest reaction to this revelation more than anything.

Mark Byers is certainly not the most charming man I’ve ever seen in my life. However, as the second documentary came to a close I also thought there was a certain amout of a double-standard in the presumption of his guilt. The guy is obviously not mentally stable. He abused his son. How many other fathers in W. Mephis abuse their children ? He’s got a temper, it doesnt make him a murderer.

Based on the information in the film I did find Mark Byers to be a more the most likely suspect.

Giving the knife to the documentarians was like one of those signs that he wanted to get caught. His different versions of the history of the knife were puzzling. As was the circumstances surrounding the removal of his teeth. As was the circumstances surrounding the death of his wife. Not to mention the issue of his medication or the incident involving forcing a teenager to beat another teenager with a knife in his closed fist. As was mentioned in the film, why would you give a child a knife when your own child was brutally murderd with a knife ? The polygraph was somewhat convincing as to his innocence which gave me reasonable doubt. Although I certainly appreciate that after 6 years he might have convinced himself that his version of the events was true.

I have many questions about the evindence. I can’t see why our judicial system doesn’t revisit this case for the mere idea that the citizens of this country do not want to see Damien put to death for this case. I cannot understand how a jury could send a man to die with no physical evidence connecting him to the crime in addition to the assumptions they made about him based on what he might have written on his notebook in highschool.

Christ do I feel bad for the people inside the judicial system in the backroads of Arkansas. The case has only solidified my opposition to the death penalty.

11

There’s a new book about the case coming out in October called ‘DEVIL’S KNOT: THE TRUE STORY OF THE WEST MEMPHIS THREE’ by Mara Leveritt. I don’t know what her conclusions are, but I look forward to reading it as it’s supposed to be well researched and documented. The only book currently available is BLOOD OF INNOCENTS which while it has some good info it ultimately has that “rush job for Wal-Mart shelves” feel to it (no documentation, no endnotes, etc…) I’d love to see somebody like Melissa Fay Greene or a latter day Truman Capote take on the case; Patricia Cornwell recently spent $4 million to investigate the Jack the Ripper murders- I’d love to see somebody spend that on a case like this where the suspects are still alive and an innocent person may (or may not) be on Death Row.
Maybe the Bojangles manager will turn out to have a famous mystery writer aunt in Cabot Cove, ME, who’ll pay a visit and find out the real killer is that week’s special guest star Orson Bean or something… til then, we’ll read and wait.
Echols, whether he’s guilty or innocent, is also why I’m against the death penalty as it currently stands. Try as I might I don’t have the compassion in me to feel sympathy for a Timothy McVeigh or Ted Bundy whose crime was heinous and whose guilt is truly beyond a reasonable doubt, but three trailer trash boys who were given an overworked prosecutor and $1,000 investigation budgets to fight a mail order college “cult expert” influencing a jury of high school dropout Fundamentalists who believe in Satanic Panic style crimes is disgusting. Other than the HBO publicity, Echols, Miskelley, and Baldwin only have one thing going for them, that being that they’re white: if they were black and accused of killing white children they’d have been mulch for years by now.