Okay. Why the trials were a farce.
State v. Miskelley: Judge Burnett approached the jury while they were deliberating as to guilt or innocence. The last vote had been 8-4 (I'll skip saying which way since I've heard that disputed).
Burnett opened the door to the jury room and asked what the jurors wanted for lunch. When they said "we may be almost done here", Burnett said "well, you have to return for sentencing." When the juror looked confused and said "what if we find him not guilty?", Burnett closed the door. Mis-trial. End of story.
BTW, Burnett doesn't deny doing this -- See 1:59 - 2:27. Quote: "I just don't even think it happened, but it may have." Dan Stidham (now a Judge) was 100% sure.
http://rugsville.yuku.com/sreply/13464/t/Tuesday-September-30-Day-Four.html
State v. Baldwin & Echols: See the Warford affidavit. And, no, this affidavit has never before been considered. The issue of considering Misskelley's statements was considered, but the ASC ruled that it wasn't enough to upset the verdict because all the information then-presented in support of it had been known in 1994.
http://courts.state.ar.us/opinions/2005a/20050120/cr94-928.html Obviously, Warford's affidavit is new, and its more powerful than the previously submitted proofs on the issue.
None of this -- the State's duplicity -- should surprise anyone. After the DNA came out, back when Fogelman was running for Justice of the ASC, he said:
"They found a hair that belonged to a step-father of one of the boys and another hair belonging to a friend of that step-father," Fogleman said. "But, what is really unusual about finding a hair from a step-father on his step-son? I would think that would be something expected.
Let's break this down quickly:
1. "They found a hair that belonged to a step-father of one of the boys"
Ooops. Judge, the hair wasn't found on "the stepfather" (Terry Hobbs) son Stevie Branch. It was found in the binding of one of the other boys who was murdered (Michael Moore).
2. "They found ... another hair belonging to a friend of that step-father,"
Again, Judge -- goose egg. The issue is that a hair was found that belonged to David Jacoby, a friend of Terry Hobbs whom Hobbs hadn't seen that day until after the murders. Fogelman then ignores it. Could that be because there is no possible innocent explanation for it?
Recently, AG McDaniel made reference to "the fiber evidence" linking Jason to the crime. What he FORGOT to mention was that, just months ago, the State fought (successfully) to prevent those fibers from being tested with modern technology:
http://callahan.8k.com/wm3/motions/jb_memo_fiber_release.html
BTW, when working for the Public Defender's office in Law School, we had several cases where post-conviction forensic testing was argued about. In every case, the defendant suddenly backed out, saying something like "nah, I'm sure the police messed with the evidence - don't do a DNA test." Here, it's the WM3 screaming for the testing, and the cowards in power in Arkansas who are fighting against it. AAaarrggh. This has got to be obvious, folks.
Only in the upside-down world of the WM3 can the State (you know, the guys interested in truth and justice) fight AGAINST better testing of evidence *and*, in the next breath, rely on the currently-existing results.
So - the trials were not fair, not even close. And, the more one moves this debate away from "art" and hoodoo voodoo bull**** about whether Damien killed a dog or shot his mouth off (stupid 17 year-old style) to some girls at a softball game ... the more the question moves to logic and science, the more obvious it is that no one can have confidence in these verdicts. Terry Hobbs killed these children (see other posts), not the WM3 - that's science, not art.
David Perry Davis, Esq.
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"Test everything, Test. Test. Test. I want them to test every damn thing." - Damien Echols, Jonesboro Sun interview from Death Row, August 2010
http://www.dpdlaw.com/jmstatements.htm
http://www.wm3blackboard.com
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