The West Memphis Series Part II: Guilty By Plea And Have Been Set Free
Jonesboro, AR- In a shocking development, four days following the first installment of the West Memphis Three on www.blinkoncrime.com, on August 19, 2011 Damien Echols, Charles Jason Baldwin and Jessie Miskelley, through an Alford plea, were convicted of three counts of first degree murder following an agreement made by Prosecutor Scott Ellington and their respective defense attorneys for the murders of eight year old boys James Michael Moore, Christopher Byers ( Murray) and Stevie Branch.
Judge David N. Laser agreed to and imposed suspended sentences for time served to Echols, Miskelley and Baldwin; all were released and immediately declared their innocence during the ensuing press conference.
In Part I of our series, we touched briefly on the development of new evidence and possible murder weapon, the blue handled- mountain ice axe, which inexplicably was never presented at trial. It had been admitted into evidence after being retrieved from its owner, following it’s return by Jason Baldwin’s, younger brother Mathew.
Requests to confirm whether or not the ice axe was maintained in evidence at West Memphis Police Department were non-responsive at the time of this publication. Part II continues first with what the jury never heard. A podcast of my interview on the case following the release of the WM3 can be found here.
Premature Illumination
One of the larger points of contention in the murders was the lack of blood evidence at the scene. The lack of blood or blood spatter at the scene with such gruesome injuries spawned the defense theory the ditch was a dump site or secondary crime scene. This was largely due to the fact that the jury would never hear about the results of luminol tests; it was suppressed by motion of the defense In both trials.
Luminol enhanced chemiluminesence (LCL) technology in 1993 was geared toward examining items of evidence in a lab under black light for optimum photographic results, or its secondary application for use in an enclosed environment which can be manually darkened and a portable black light ( we now call this an alternative light source or ALS) brought to the scene.
LCL when sprayed onto a surface containing remnants of blood, or more specifically the iron in blood, will create a glowing reaction when iron, invisible to the naked eye, is present.
In 1993 under Arkansas law, Luminol testing was considered new, novel, and not accepted as scientific evidence.
While the methods for collection, testing and controls have advanced significantly since 1993 and LCL testing is widely used in criminal case work, analysis of the findings in the instant case flatly dispute the notion that there was no blood associated with the crime scene along the ditch bank of Robin Hood Hills.
Contrary to the misconception that there was no evidence of blood at the scene, the results of two consecutive days of luminol tests at the scene were enlightening.
As Kermit Channell and Donald Smith, from the Arkansas crime lab could not bring the “outside in” they were forced to set up shop in the woods along the banks of the ditch. Also present for testing both days were WMPD Detectives Mike Allen, Tony Anderson and Bryn Ridge.
Donald Smith’s report below in it’s entirety below, The other reports can be found here.
STATE CRIME LABORATORY
P.O. Box 5274
Number 3 Natural Resources Drive
Little Rock, Arkansas 72215
REPORT OF LABORATORY ANALYSIS
Investigating Officer / Agency / Address
Sgt. Mike Allen
West Memphis Police Department
100 Court Street
West Memphis, AR 72301
Laboratory Case Number: 93-05717
Date Received in Lab: 05/07/93
How Evidence Received: M E / Matthew Elliott
Agency Case Number:
Suspect (s):
Victim (s):
Steve Edward Branch
Date of Report; 06/10/93
FIELD INVESTIGATION. WEST MEMPHIS TRIPLE HOMICIDE. MAY 12 and
MAY 13. 1993 LUMINOL:
This analyst and Kermit Channell, Serologist responded to request to perform luminol on
a potential crime scene area on May 12, 1993. We left that afternoon, arriving in West
Memphis at approximately 6:30 P.M., proceeding to the Police Department.
Officers Tony Anderson, Brian Ridge, and Mike Allen accompanied Kermit and myself
to a swampy area in the northern edge of West Memphis where the victims were found.
A general survey of the area in the daylight hours was conducted. Approaching darkness
fresh solutions of luminol reagent were prepared. When the area became dark, using
flashlights for light support, the part returned to the area and proceeded to spray and
locate areas of luminol light emission activity, a presumptive test for the presence of
trace quantities of blood. The following observations were noted:
(1) At a trail along a stream bed an approximately 11 foot high bluff overlooking the
stream positive reactions were noted on either side of a tree with more reaction noted to
the right side of the tree, facing the stream bed.
(2) An Area with used plastic sheeting west of the trail and the bluff gave more positive
reactions were noted.
(3) At the west bank of the stream bed, to the right of some trees, an area gave positive
reaction. It was explained by the Police Department that this was where two of the
victims were placed when they were recovered from the stream bed.
(4) In the stream bed, below the described (at one time) water line, positive luminol tests
indicated where one of the victims was found in the water as related by the West
Memphis Police Department.
(5) On the east bank of the stream bed were a pile of sticks and a depression in the soil
where luminol tests showed a concentrated area of positive reaction.
[PAGE 2]
(6) North of this point luminol tests gave positive reaction to a large area of
concentration (described by West Memphis Police Department where the third victims
was placed upon recovery from the water).
(7) North of the point #6 near some tree roots, another large area of concentration of the
luminol reaction was noted.
(8) Trace amounts of positive luminol reaction was noted on the slope west of the area
where two of the victims were recovered and placed. (reference area #3). The areas north
and south of where the third victims had been placed (5) and (6) were unaccountable
known activity by the Memphis Police Department or rescue / recovery operations.
From these areas of noted luminol reactions for the presumptive presence of trace
amounts of blood the following opinion is rendered:
The traces of presumed blood detected along the trail (2), and at the bluff (1), and one the
slope (8) appear to be transfer of blood by the rescue and recovery teams.
Reaction in the areas where the recovered victims were placed is the apparent result of
trace blood transfer from the victims (3) and (6).
The area below the water level on the west side of the stream was accounted as where
trace amounts of the victimís blood diffused into the mud in the stream bed.
The areas (5) and (7) indicate activity prior to recovery of the victims and relate to
activity to the victims when perhaps they were being attacked.
It should be noted that the luminol testing was performed some days after the discovery
of the victims and at least one rainfall had occurred. There were no visible signs or
indication of blood at any of the locations that we investigated.
[PAGE 3]
Upon the group returning that night to the police headquarters Inspector Gitchell and his
staff were advised of our findings. It is our opinion the crime had taken place where the
bodies of the victims were recovered. Inspector Gitchell was further advised of the
inability to document the luminol reaction of the evening because of the light leaks from
stars and the back scattered light from West Memphis. To document the luminescence
Inspector Gitchell was advised that we would have to place tenting over the areas of
interest and to block out all stray light possible.
The luminescence requires near total darkness to document luminol reactions in the open
field.
It was decided that Kermit and I should stay over the next day perform the tests again
and photograph them.
The morning of May 13, Inspector Gitchell provided us with equipment, supplies and
manpower needed to document the areas of positive luminol reaction. A test with plastic
covering over the canvas was erected and photographs were taken of the positive areas
noted of the previous evening again with fresh luminol application.
Because of the limitations due to some light leakage, physical activity in the area
destroying some of the reaction, the weather conditions of some light rain the night
before and the originally low concentration levels in the areas on the bluff (area #1), along
the trail (area #2), where the victims were placed (area #3), and the area in the stream bed
where the body was recovered (area #4) and the area above the recovery area (area #8)
we were not able to document photography as we observed these areas the evening of
May 12.
The tented area over the areas where the victim’s body was placed (#6) and the
questioned area (#5), subdued the light to a degree that a less than perfect photograph
could be obtained. These photographs still documented the areas of interest, showing
luminol reaction in respective areas. These photographs were without the benefit of flash
painting application to reference the areas photographed. A still photo of the questioned
area from the original camera tripod location does reference the questioned area. The
photographs were processed revealing the luminol reaction at areas where the victim was
place (#6) and the questioned area (#5)
[PAGE 4]
The tent was moved and photographs were taken of the questioned area by the tree root (#7). Photographs of the areas (#4, #5 and #6) with surveyor flags mounted were taken to reference those areas tested and photographed. All photographs were left with Inspector Gitchell.
[signed] Donald E. Smith, Criminalist
Soil samples were submitted on May 14, 1993, but for unknown reasons not tested until 4 months later, and did not react to the luminol.
The result was considered inconclusive as it was not likely to detect blood from a four month old soil sample in the first place.
Although the luminol reaction results were not admissible in the trials, for analysis purposes, it tells an irrefutable story. The obvious counter-argument could only be that investigators were new to the technique, some of the initial testing was unable to be photographed, or to any conspiracies, that detectives simply made up results for some purpose.
However, as none of the investigators present had the autopsy results prior to the testing, and most certainly did not have Jessie Miskelley’s “account” to draw from, outside of the known injuries and other more circumstantial evidence in this case, these findings certainly further support there were multiple perpetrators in this crime- and that it all went down right there.
In 1998, Damien Echols filed a Rule 37 hearing for causes of incompetent counsel and due to his “actual innocence.” Jessie Miskelley lost his appeal to overturn his conviction also in 1998, but It was not until 2008 that Baldwin and Miskelley filed their Rule 37 petitions. For purposes of evaluation, I am including affidavits , exhibits and testimony excerpts from some of the expert witnesses at all three hearings and subsequent related appearance spanning from 1998- 2008.
Brent Turvey, of Knowledge Solutions, LLC trained under renowned blood spatter expert Dr. Henry Lee, did not consider any of the luminal reports when hired by Dan Stidham in 1998 for his expert opinion in his representation of Jessie Miskelley requesting a new trial. Turvey’s report found (here) was largely the impetus for future defense experts for all three defendants to “weigh in”.
While Turvey’s work was largely unsupported once his infamous “bitemark” was debunked and he bought into the “Baldwin knife” which has since been abandoned by all subsequent defense experts, as the first guy up at bat so to speak, his testimony demonstrated the burgeoning direction to the CSI Effect the West Memphis Three would take toward their ultimate freedom.
I explore Turvey’s initial observations taken directly from his report, in the beginning of each unique victim’s autopsy segment, followed by updated relevant expert information and my subsequent analysis.
Autopsy By Coroner- Autopsy By Proxy
In the interest of brevity, I intend to focus on the dissenting views of the experts, and I stipulate that in no report that I have reviewed, was there evidence of sodomy or object penetration of any of the boys.
While I believe Dr. Perretti’s prior experience with cases that involved same did form his opinion on the possibility as it relates to some of the injuries, I do not believe that such testimony should have been permitted at trial, nor would it be permitted today.
Memphis Triple Homicide May 5, 1993
James M. Moore #ME-329-93
Steve E. Branch #ME-330-93
Chris M. Byers #ME-331-93
LOCATION: On May 6th, 1993, all three victims were found, bound wrist to ankle with shoe laces, in the water of a drainage ditch, in a heavily wooded area called the Robin Hood hills, behind the Blue Beacon Truck Wash in West Memphis, Arkansas. An equivocal forensic examination of all available crime scene and autopsy photos, crime scene video, investigator’s reports, witness statements, family statements, autopsy reports and numerous other sources to be listed as referenced in the endnote section of this report. The purpose of this preliminary examination was to competently assess the nature of the interactions between the victims and their environments as it contributed to their deaths as indicated by available forensic evidence, and the documentation regarding that evidence.
James M. Moore
James Michael Moore autopsy found here.
The following forensic information is taken directly from the official autopsy report filed by Dr. Frank J. Peretti of the Arkansas State Crime Lab, Medical Examiner Division, dated 5-7-93, Case No. ME-329-93 and/ or from The official coroner’s report filed by Kent Hale, Crittenden County Coroner, dated 5-6-97.
The purpose of this section is not to present an all inclusive, detailed account and explanation of every piece of information in these reports, but rather to explore these reports, with the corresponding photos, for consistency, possible omissions, and to review injuries or patterns that this examiner deemed to be significant to the case.
Wound Pattern Analysis
This victim received more traumatic head injuries than any of the other victims in this case. Dr. Peretti states that defense wounds were present on the victim’s hands. These wounds were very few, indicating that victim was incapacitated quickly after the attack began. So the nature of these head injuries, and the limited defensive type wounds, combine to indicate sudden, forceful, and repeated blows that resulted in abraded contusions, multiple lacerations, and multiple skull fractures.
There is an unexplained directional pattern abrasion just below the victim’s right anterior shoulder area.
This unexplained injury does not correspond with any of the physical evidence collected at the location that victim was discovered. It is furthermore inconsistent with any of the naturally occurring elements that exist in that environment. The best conclusion that this examiner can reach is that this pattern abrasion was created by forceful, directional contact with something that was not found at that crime scene, whether it be a weapon, a surface or something else capable of creating that pattern.
The shoelace ligatures used to restrain this victim did not leave deep furrows, and also did not leave abrasions. This indicates that the victim was not struggling while the ligatures were in place. This indicates further that the victim was very much unconscious when the ligatures were affixed to his wrists and ankles.
We know that the victim drowned, that is to say that hemorrhagic edema fluid was present in the victim’s lungs, indicating that the victim was breathing when he was placed into the 2ft of water in the drainage ditch at Robin Hood Hills.
Together, these facts suggest that the purpose of the ligatures in this victim’s case was to keep the victim from moving around or being able to swim should he regain consciousness once he had been thrown into the water. It is this examiners opinion that the assailant in this case demonstrated all manner of awareness and cognizance at this location. The assailant knew that this victim was not dead when they threw this victim into the water, and that the ligatures would assist to complete the act of deliberate homicide should the victim become conscious.
Lack Of Injuries
When compared to the other two victims in this case, who were found at the same location, bound nude with shoelace ligatures in the same fashion, the most striking discrepancy is the lack of injuries suffered by this victim. In the crime scene and autopsy photos made available to this examiner, there were no readily discernible bite marks visible, the genitals have not been visibly disturbed or molested, and there are no discernible stab wounds. This lack of attention is very telling, and will be discussed in the Offender Characteristics section of this report. There is also, again, a lack of mosquito bites to this victim, which, as mentioned earlier, suggests that he received his injuries elsewhere first. This because the injuries took time to inflict, time during which many mosquito bites would have been received, even after death.
Analysis: I find the statement that he had the least amount of injuries, yet the most severe head injuries in dire conflict, as he died from multiple injuries, and drowning. The fractures to his head and lacerations to his left and front right skull were enough to cause his death within minutes on their own, and there can be no doubt that he received them while he was already unconscious because of the lack of injury at the ligature sites. There is very little hemorrhage involvement with the open lacerations, and all lacerations were abraded; one with a dovetail and upside down L producing an ovid fracture. In Jesse Miskelley’s confessions, he says one of them was moving as he was put in the water while he was leaving. I believe the reason he never mentioned that Michael Moore was beat about the head with an instrument of some kind is because he never saw that. Michael was located in the ditch just below the oak with the exposed root that had the luminol result “shaped like a V”, which would be consistent with him struggling to get out of that water, on that bank, with a cast off or blood spatter pattern consistent with someone beating him toward the bank and in front of that tree.
Mosquito bites: Only females take a blood meal, so that potentially reduces the population by 50%, and at no time will they bite a deceased person. They are attracted mostly by carbon dioxide, released from a breathing person. Both Dr. Haskell and Dr. Goff agreed to this ultimately.
What is further curious to me, is that while Turvey was hired by Miskelley, who confessed at least three times by the date of the generation of this report, does he not note the obvious discrepancy for the placement of Mike Moore upstream, or that he was found on his right side with the left side surfacing when in effect dislodged by Det. Mike Allen. Moore was also hogtied differently, with different knots than the other 2 victims, with ONE black shoelace. There is a reason that Turvey was not given Miskelley’s updated confession following his conviction, and instructed to disprove it; he would not have been able to.
Steven Edward Branch
Stevie Branch autopsy found here.
Wound Pattern Analysis
There are numerous violent, traumatic injuries to this victim’s face and head, as well as numerous superficial scratches, abrasions, and contusions noted throughout the rest of his body. Dr. Peretti, however, does not note the presence of extensive defensive wounds.
This indicates a violent, overpowering attack on this victim that he was unable to put up resistance against. The constellation of wounds are very similar to those inflicted on James Moore, however they are much more intense and include the victim’s face.
This level of attention paid to the victim’s face, in terms of depersonalization and rage, is indicative of familiarity and that will be explored later on in this report.
Furthermore, there is the existence of patterned injuries all over this victim’s face that could be bite marks. Since the ME may have missed this crucial evidence, other areas of his body may show bite mark evidence as well. The autopsy photos of this victim supplied to this examiner were not of sufficient quality to make an absolute determination of any kind, and would require a thorough examination by a qualified forensic odontologist for an informed, conclusive analysis. [note: Dr. Thomas David, board certified forensic odontologist, has confirmed the wound as a human adult bitemark and excluded Damien Echols, Jason Baldwin and Jessie Misskelley as the offender using bite impressions obtained from the men in prison] Bite mark evidence is very important in any criminal case because it demonstrates behavior and lends itself to individuation. It can reveal to an examiner who committed the act, because bite marks can be as unique as fingerprints. And, once established, it also reveals the act itself; biting.
Another unidentified pattern compression abrasion can be found on the back of Steve Branch’s head. The source of this injury caused a 3? inch fracture at the base of the skull with multiple extension fractures that terminate in the foramen magnum (that’s the hole at the base of the skull where the spinal cord connects to the brain). Upon close examination, this pattern injury is consistent with compression made from footwear. Again, without better photos supplied to the examiner showing a variety of angles, it’s very difficult to make a positive identification of any kind. But the pattern is consistent with a footwear impression, and would require a footwear impression expert to analyze and make an informed, competent determination.
The shoelace ligatures used to restrain this victim did leave deep furrows, and also did leave patterned abrasions on both the wrists and ankles. This indicates that the victim was struggling while the ligatures were in place. This indicates further that the victim was very much conscious before or after the ligatures were affixed to his wrists and ankles. We know that the victim drowned, that is to say that hemorrhagic edema fluid was present in the victim’s lungs, as well as in the victim’s mouth, indicating that the victim was breathing when he was placed into the 2ft of water in the drainage ditch at Robin Hood Hills.
Together, these facts, again, suggest that the purpose of the ligatures in this victim’s case was to keep the victim from moving around or being able to swim should he regain consciousness once he had been thrown into the water. It is this examiner’s opinion that the assailant in this case demonstrated all manner of awareness and cognizance at this location. The assailant knew that this victim was not dead when they threw this victim into the water, and that the ligatures would assist to complete the act of deliberate homicide should the victim become conscious.
Lack Of Injuries
There is again a lack of evidence to support any sort of strangulation. Dr. Peretti states that his examination of the neck of this victim revealed no injuries, and the photos that this examiner has seen support that conclusion.
Analysis: He missed the wound to Stevie Branch’s penis entirely. While not contained in his formal autopsy report, it was proven during the trial that Dr. Peretti’s colleague was called into evaluate what Turvey was calling “bite marks” and was ruled out. The fact that bite impressions did not match Echols, Baldwin or Miskelley was in no way exculpatory, and I will save you the bite by some animal with a rough tounge report nonsense I had to read .
The 3” fracture at the base of the skull, which “spiderwebbed” into subsequent fractures, also very likely severed his spinal cord, so one must assume this injury was also quite perimortem.
Steve ‘s left face was found to be abraded on the entire left side, and is consistent with someone either stomping on right side of his neck and fracturing it, with an obvious boot print, if the left side of the face was on the ground.
The gouging wounds- likely had to be inflicted following the fracture due to the lack of hemorrhage in comparison to the severity of the wound, and all experts agreed the injury was likely perimortem. So the question becomes- why?
Seems like a very important question, second only to what caused the trauma, based on the constellation of terminal injuries already inflicted on him. Wouldn’t the only thing left to do at that point be to submerge him?
It is my theory- therein lies the problem. Byers was put in the ditch first, and we know he was already deceased, therefore, he sinks. Stevie Branch is placed in the water next to him, and he either begins moving or floats and the suspects thinks he is still alive, and uses an implement to force him into the ditch bottom until he succumbs and stays submerged. I will leave out the specifics of the gouging wound as to why I think that resulted in the usage of the other end of the ice axe on Michael Moore. The luminol result, found in the ditch bed itself, after it was drained, slightly downstream from Byers and Branch, but still upstream from Moore could also support this theory. We know that Byers had already bled out, but Branch was still alive when he was put into the water and the only significant bleeding wound on his person capable of leaving blood evidence in the bottom of the ditch to survive it simply being washed away in the creek, there is a high degree of probability he bled directly into the dirt. He was found face down.
Christopher Byers
Christopher Byers autopsy found here.
It should be noted that this victim’s injuries were the most extensive, most violent, and most overtly sexual of the all the victims in this case. The nature and extent of this victim’s wounds indicate that the assailant spent the most time with this victim.
Additionally, this victim’s toxicology report revealed non-therapeutic levels of carbamazepine in the blood. All of these differences are very important, and will be explored in the later sections of this report.
Wound Pattern Analysis
There are numerous violent, traumatic injuries to this victim’s head, specifically to the base of the skull. There was also evidence of the violent emasculation of the victim’s sex organs, extensive lacerations and bruising to the victim’s buttocks, as well as numerous superficial scratches, abrasions, and contusions noted throughout the rest of his body. Dr. Peretti also noted that there were numerous healed injuries of varying nature on this victim. Dr. Peretti, however, did not note the presence of defensive wounds.
Again, this indicates a violent, overpowering attack on this victim that he was unable to put up resistance against. The general constellation of wounds to this victim is more advanced, more extensive, more overtly sexually oriented and includes the use of a knife.
This knife was used not only to inflict multiple stabbing and cutting injuries to the victim’s inner thighs and genital area, it was used in the emasculation process. There is, unmentioned in either the ME’s or Coroner’s reports, what appears to be a clear impression of the knife handle on the right side of the large gaping defect left behind after the removal of the victims penis, scrotal sac, and testes. This was impression was created when the knife was thrust full length into the victim by the assailant, during the process of emasculation. This indicates forceful, violent thrusts. The nature of this emasculation, as indicated by these wounds, is neither skilled nor practiced. It was a rageful, careless, but purposeful act carried out in anger.
It is the opinion of this examiner that this injury would have resulted in massive, uncontrollable blood-loss, from which the victim could not have survived without immediate medical attention.
It should also be pointed out that the nature of the stab wounds inflicted on the victim’s genital area, separate from those received during the emasculation process, show marked irregular configuration and pulling of the skin. This indicates that either the knife was being twisted as the assailant stabbed the victim, or that the victim was moving as the blade was withdrawn.
The second set of injuries is described as five superficial cutting wounds on the left buttock (pictured on the left in this photo at the right). It should be noted that these injuries are actually lacerations, as indicated by the bridging between the open tissue, and the irregular edges. Both indicators are apparent upon close examination of the photographs. It is the opinion of this examiner that this set of injuries is most consistent with the parental whipping given to Chris Byers by Mark Byers. It is further the opinion of this examiner that after having received this set of injuries, which tore open the skin and would have resulted in some severe bleeding, the victim would have been unable to walk or ride a bicycle without incredible pain and discomfort.
The third set of injuries is the multiple linear superficial interrupted cuts on the right buttock region (pictured in the photo above on the right). These injuries are not consistent with having been made by a belt as they are cuts. The edges are not irregular, and the cuts are interrupted, again indicating movement by the victim or the assailant during the attack.
Furthermore, there is the existence of bruised ovoid compression injuries all over this victim’s inner thigh that could be suction type bite marks. Since the ME may have missed this crucial evidence, other areas of his body may show bite mark evidence as well. The autopsy photos of this victim supplied to this examiner were not of sufficient quality to make an absolute determination of any kind, and would require a thorough examination by a qualified forensic odontologist for an informed, conclusive analysis.
Bite mark evidence is very important in any criminal case because it demonstrates behavior and lends itself to individuation. It can reveal to an examiner who committed the act, because bite marks can be as unique as fingerprints and positively identify a suspect. And, once established, it also reveals the act itself; biting. The shoelace ligatures used to restrain this victim did leave deep furrows, and also did leave patterned abrasions on both the wrists and ankles. This indicates that the victim was struggling while the ligatures were in place. This indicates further that the victim was very much conscious before or after the ligatures were affixed to his wrists and ankles.
We know that this victim did not drown, that is to say that no hemorrhagic edema fluid was present in the victim’s lungs, or well in the victim’s mouth. This indicates that the victim was already dead when he was placed into the 2? ft of water in the drainage ditch at Robin Hood Hills. This is, again, very different from the other two victims in this case.
Dr. Richard Souviron forensic odontologist: all mutilation is peri and post mortem, no knife was used.
On a final note, Mr. Hale states in his supplemental report on Chris Byers that there is a stab wound on his head. This is actually incorrect, and rectified by Dr. Peretti who states in his autopsy report of Chris Byers that the same injury is a 1¼-inch laceration to the left parietal scalp.
There is also, again, a lack of mosquito bites to this victim, which, as mentioned earlier, suggests that he received his injuries elsewhere first. This because the injuries took time to inflict, time during which many mosquito bites would have been received, even after death.
Additionally, unlike Steve Branch, there is no overkill present in this victim’s face. That is to say that this is another of the marked differences between the killings of Steve Branch and Chris Byers which is very important to note, and which will be explored more thoroughly in this report.
Recommendations
It is apparent from the physical evidence in this case that Chris M. Byers was attacked with sudden, violent force from which he defended himself in only a limited fashion. It appears as though this attack took place, at least in part, while his cloths were off and while the shoelace ligatures restrained him. He was sexually assaulted (an assault of a sexual nature, to areas of the body considered to be sexual, that does not include sexual penetration), and associated stab wounds indicate that he may have been conscious during several phases of the attack.
Analysis: How does he miss that the dosage of (car) was sub therapeutic, meaning below the level at which he was described and confuse it as non-therapeutic, in his estimation, as a possible means to subdue him. He completely missed the fact that it is likely that the level, found in his blood, was greatly reduced because there was very little blood volume left in his body. AND, it was a prescribed medication. Turvey does not mention the other factors that support Byers died first, and he died quickly and violently. While he did have stomach contents, he did not have any urine in his blatter and there was substantative evidence his bowels had evacuated at the scene, commonly a result of an immediate violent death.
Consensus or Conundrum- Depends Who You Ask
Regardless of which expert one believes, within the confines of each report, is the absence of the belief with any certainty that the “Baldwin” serrated knife was used. What they all agree on, is that the gouging injuries to Branch and Byers were very similar. They all agree that there was evidence of blunt force trauma, significant curvilinear fractures, what is commonly referred to in Forensic Pathology today as “chop wounds”, other sharp force trauma.
Thoughts onPost Mortem Animal Predation
I agree it is possible that snapping turtles could have caused what looks to be possible claw marks and at least one possible bite mark. I am emphasizing possible because I don’t think one can rule out animal predation 100%
Bryn Ridge himself testified he has seen snapping turtles in that area, some time ago. That said, there was not so much as a crawfish found in that creek as it was being pumped out, and that included a screen.
Dr. Spitz went as far as to suggest that somehow a carnivore of some kind was the cause of the animal predation although all oter evidence suggests that the boys were completely submerged, as well as their clothing, and there was obviously no animal tracks or other artifacts at the scene that would make that theory sound anything remotely believable. Thankfully, he stopped short of suggesting that a new breed of homicidal carnivores with a cleaner crew who could walk upright was responsible.
Fortunately I Dressed For Bushwhacking
Starting with one of the most important parts of the autopsy evidence, is the very fact that detectives knew VERY LITTLE about it outside of the cause of death, until late May at the earliest. So little in fact, that Gary Gitchell, Lead Investigator, wrote a list of follow up questions to the crime lab on May 26. (need link here)
Frank J. Peretti, MD preformed all three autopsies on May 7, 1993, and filed reports on May 10th for cause of death only. Those causes of death btw, were all listed as homicide by multiple injuries, period. Nobody knew that two boys died from drowning, and not all three. This is particularly concerning because the first conversation that Steve Jones and Det Sudbury had with Damien Echols was on May 7th prior to autopsy and in his subsequent interview with Det Bryn Ridge on May 10, when asked by Ridge how he knew about that, Echols told Ridge that Jones told HIM that whoever did this “urinated” in the mouths of the boys.
Urine was found in the stomachs of 2 of the victims, but that information was given by phone only to Gitchell, and not before May 16th, 1993. There is no possible way Damien Echols could have had case- specific information unless he was there or knew someone that was that told him what occurred, as the detective interviewing him at the time was clueless to that fact during the interview.
There are certainly many statements by both Echols and Miskelley prior to arrest that indicate they had prior knowledge of the murders, but I have been able to ride the see saw on those for the most part, like many.
The fact that Echols knew that there was urine in the stomachs of two victims, when it was intentionally ommitted from the report can only mean he was there, or knew someone who was, and in my opinion, both.
To be continued, West Memphis Three Part III
Sources:
Crime lab Index: http://callahan.8k.com/wm3/img/crimelab.html
Chris Byers autopsy:
http://callahan.8k.com/wm3/autcb.html
Michael Moore:
http://callahan.8k.com/wm3/autmm.html
Stevie Branch:
http://callahan.8k.com/wm3/autsb.html
Turvey Report: http://callahan.8k.com/wm3/b_turvey_profile.html
Related Posts
Related Posts:
1,388 Comments
RSS feed for comments on this post. TrackBack URI
K
Thanks for the correction about which of the teens owned the axe.
That fitting would be for an axe to use for walking, not the smaller axes and hammers shown in some of the linked photos.
I am over 100 miles from Bastrop. That area is covered with loblolly pine and is known as the lost pines area. This is what made the fire so difficulty to control.
Thanks for the rain dance. I’ve been doing those too. We have seen this before in Texas during the period of 1952 to 1956. If we don’t have too many fires, we will make it.
Lucy
I don’t disagree with your opinion. I do believe that people including teenagers who live in a lifestyle as these teens did are affected by it in negative ways.
I also know that some people are just like you describe in that they never reach real adult maturity. I call it being forty going on fourteen.
I also believe that one day, when science has progressed well beyond what we know, there will be proof through heredity testing that some people do have an inborn trait for ugly behavior inculding the potential for murder.
It is difficult to overcome associations with people with poor value systems. Young people need to be guided by parents to make good choices regarding those they associate with. If the parent does not have the skills to make good choices themselves, they cannot help the child.
Children learn by watching what others do. That is one of the reasons that we have the problems with copy-cat behavior regarding some in the entertainment industry, even when the behavior is bad.
Thank you, dear Blink. You are one heck of an advocate for these precious little boys. God rest their souls.
I will definitely keep reading and analyzing, and will try to post more of my two cents worth. I have really enjoyed reading all of the posters’ and your comments, Blink. I am into the defense phase of the Echols/Baldwin trial, and it is very interesting. Does anyone know if LE ever audio or videotaped ANY of Damien’s interrogations? As I understand it, he was interviewed for hours. Was the alleged statement that Damien made about urine a direct transcription from an audiotape, or is it something LE attributed to Damien? I am a stickler for details when it comes to criminal cases (as I’m sure most of you are), and I haven’t been able to find it yet. Maybe I’m just exhausted, need to get some sleep, and start again tomorrow after work.
I love that about you, and so many contributors here- show me! Lol.
The urine debate ( apologize it sounds crass) if you hit older comments or search on posters whatevs and Baglady, iirc are both the “exhibits” and my discussion of them. In short, Bryn Ridge’s handwritten notes from the interview on 5/10/93 state that Damien tells him that Steve Jones told him that the boys were put in the water to watch urine out of their mouths whoever did this, urinated in their mouths.
It is also contained in his written report. That meeting took place, and the only one with Damien and Steve Jones, on May 7th prior to autopsy, and 5 days before Peretti shares that concern via phone call with Gitchell.
Gitchell has a water sample taken from the creek, delivers it to the ME, and apparently the lumen contents and the water are lost somewhere. Sigh.
P.S. LOVE my quilt!! These are such upbeat, colorful additions to your site, Blink!
@jb
Referring to “K” links posted yesterday, it is important to read the statement of Mat Baldwin, Jason’s younger brother.
In his interview when shown the actual picture he describes it as looking newer and says it did not.have a point at the bottom.
I believe the axe had a grip on the handle and then it was removed following the murders. If you look at the thigh injury it is followed by a cut .
I will try to post pics as I am discussing in part 3, which I must complete by wed as I am location for a different case Thursday
I’m forlorn today…thinking about the three little boys. I’ve really been interested in getting a memorial bench somewhere in West Memphis so no one ever forgets these boys. I’ve even looked online for memorial benches. Prices are pretty reasonable too. I’m in a few groups on Facebook for non supporters and I’ve posted my desire to do this on there as well. Wouldn’t it be nice if a celebrity could help with this? I can tell you it would be mere pennies to them compared to the millions that went to release the WM3. I’m just not sure where a memorial bench could go. West Memphis has several parks and I don’t know what park the boys went to, if they did at all. Seems I’ve grown so weary reading everything I possibly can about this case since I first heard about it. My heart aches for those boys and I don’t want them to ever be forgotten and a memorial would help with that. I know there is something dedicated at the school they attended, but I would like something the general public could see as well. Any ideas?
Thoughts from around the web:
“here is the link to the transcript http://cal lahan.8k.c om/wm3/img 2/jm_2_8_9 4_statemen t.html
I think the main reason I am so confused is that I did not realize there was evidence against them. Like you, I wish there would be a new trial. I am looking forward to reading blink’s follow-up reports. I am not going to make a decision on their innocence or guilt until I read those reports. I am a bit mad at myself for not investigat ing the other side earlier.”
—
Quote:
Originally Posted by Cat_AmmaKittehKat
Seeing as Johnny Depp is a supporter and awfully rich, maybe he can let them live on his island. I have no opinion on this case as i dont know enough about it. Strikes me as a bit iffy that the celebs are absent when they need financial support.
Reply:
Its funny you should mention Mr Depp. Just before the 3 were released one of his aides asked Blink from BlinkonCrime to look into the case with an unbiased view on behalf of Jack Sparrow. She accepted and came up with some pretty damning evidence in favor of the guilt of the 3. There is a strong belief that after she released the first part of her article the Defense panicked and went to Ellington asking for an Alford Plea. Johnny Depp has been very quiet since the release of the 3
Pep- where does that comment appear please?
B
__________________
Mom3.0
Your post on 911 at 12.03 A.M.
Your on the right track with your list. Items A thru D and the subsequent paragraphs are the things that need to be explored. LE left a lot of holes in this area.
A time line of when something was discovered or known needs to be constructed and then when they were verified or not. This will tell us a lot more about the behavior of all those convicted.
I found it very hard to read the transcripts of the opening statements by both the prosecution and the defense. Neither IMO produced anything of real outstanding value.
Al
Your post #48 comments about lies and half truth.
You have discovered the area of theatre that attorneys for the defense often use when speaking with the media. They are not in the courtroom, so facts do not have to be verified. We must all remember that facts in and of themselves are not truth until verified.
Mom…are you thinking that the tip of the ice pic was used to leave the marks that resemble the “x” markings left on the boys? Keep in mind there really wasn’t alot of time to be torturing these little boys. Not that beating, kicking and stabbing aren’t torture. I still think it resembles rebar to me.
Hey there Grace, glad to see you weigh in here as well!
Sorry B- slammed at work today and I didn’t even think to post links.
: ) corrected below
Snip # 1: link
http://www.huffingtonpost.ca/social/Rebs416/west-memphis-three-free_n_931449_104213524.html
quote from Rebs416:
“here is the link to the transcript http://cal lahan.8k.c om/wm3/img 2/jm_2_8_9 4_statemen t.html
I think the main reason I am so confused is that I did not realize there was evidence against them. Like you, I wish there would be a new trial. I am looking forward to reading blink’s follow-up reports. I am not going to make a decision on their innocence or guilt until I read those reports. I am a bit mad at myself for not investigat ing the other side earlier.”
—
Snip #2
link:
http://www.findadeath.com/forum/showthread.php?t=3326&highlight=west+memphis+three&page=35
Quote:
Originally Posted by Cat_AmmaKittehKat
Seeing as Johnny Depp is a supporter and awfully rich, maybe he can let them live on his island. I have no opinion on this case as i dont know enough about it. Strikes me as a bit iffy that the celebs are absent when they need financial support.
Reply:
Its funny you should mention Mr Depp. Just before the 3 were released one of his aides asked Blink from BlinkonCrime to look into the case with an unbiased view on behalf of Jack Sparrow. She accepted and came up with some pretty damning evidence in favor of the guilt of the 3. There is a strong belief that after she released the first part of her article the Defense panicked and went to Ellington asking for an Alford Plea. Johnny Depp has been very quiet since the release of the 3
__________________
Thank you Dr. Pep, and a caution to readers:
I have found that there are some forums that discuss this case, that are well, offensive in language and tone overall, not just in relation to whether or not their is support to either side, I would excercise my visitation of them with that in mind. I can be a prude, Lol, I admit it.
B
I recall this story being discussed prior to the Johnny Depp movie thing and there was a lady who had commented on the discussion board I had visited stating that the three who were convicted were absolutely guilty. She stated that she now had children of her own but had lived in that area at the time and from what I gathered she knew the boys and had went to school with them. She said they were dangerous and she did not want to see them out on the streets just because Johnny Depp and some folks think they are not guilty. She stated that they had bragged about doing this terrible crime to other kids etc and that there was no way they did not do this. She said she would be afraid for her young children if they ever got out. I believed her then and still do to this date.. I will see if I can find that discussion as it was quite a while back..If so I will post a link.
RE: Lisa Allen says:
September 12, 2011 at 10:43 am
I’m forlorn today…thinking about the three little boys. I’ve really been interested in getting a memorial bench somewhere in West Memphis so no one ever forgets these boys.
*********
Lisa Allen: That is such a nice thought. Wouldn’t it be nice if at least as many people who supported the WM3 would likewise support the creation of a memorial to the three young victims?
After reading Jessie Miskell’s, first confession, one might tend to
believe that his confession was coerced or at the very least coached.
Especially, when we’ve been led to believe, Jessie had an IQ of 72. I don’t believe that, after reading the confession that Blink wanted us to read. The statement that he made AFTER he’d been sentenced, was serving his time and had nothing to gain or lose. This is the statement he made after putting his hand on the bible & swearing to tell the truth. It was the first time anyone had done that, have him put his hand on the bible. No one had ever asked him to do it, so he felt okay with lying. (Everyone knows that you cannot lie when you swear on the bible, right?!
This is the statement he made to his attorney (Stidham) on February 8th, 1994, the one that was recorded then played in court in 2008. It’s strange how this got pushed aside amidst all the hoopla over getting a new trial. It appears that, Stidham thought that statement important enough at the time. What happened since then that makes him believe that WM3 are innocent?
This is what cinched it for me. Blink kept telling us to read Jessie’s statement & suggested that statement would give us “the proof” of the three’s guilt.
If you’re still on the fence, I recommend that you read this: http://wm3truth.com/jessie-misskelles-confession-to-dan-stidham-february-8-1994/
@maryroses daughter:
Even if you set aside the “who” was there and all the other hype, confession to Stidham is absolutely proof positive HE was there.
@ Blink
Absolutely. He was there. During the taped confession, he admitted to lying about what was used to tie them up previously, he admitted a lot during that session.
Something that I have been curious about, is the fact that 2 of the boys pants were turned inside out. As if removed in a hurry. The 3rd little guy’s pants weren’t, and that it appeared as if they were removed carefully. I wondered which boy those pants belonged to.
Anyway, thanks for acknowledging my post.
Oye, it’s on here, lol, I can’t get there at the moment if anyone has the link please.
I am not sure he lied about the rope, as rope was found at the scene, but who can be sure?
B
Wow, I see, if someone says anything which makes this “Blink” chick appear uneducated, as she clearly is, it is removed. I specifically posted a huge comment disputing her so called research and when I go back to see the comments, it’s gone! No record whatsoever. Great journalism. Go back to the community college Blink and stop spreading propaganda regarding the WM3. You have no clue what you are talking about. How can you sleep at night knowing you’ve spread such opinionated BS? This is not any form of journalism…
“Educated person”, this is a moderated site, and your posts are a good example as to “why”.
There is nothing posted by you of the kind, for future reference, you may wish to save your posts before hitting submit, if it does not say awaiting moderation, repost it until it does. I reset my settings a while back to allow posts with a variety of links, so it could not be that either.
Do you think you trolling and attempting to insult me like some cafeteria bully is taken seriously?
Do you think that supporters of WM3 wish to be represented by some keyboard cowboy/girl that cannot provide a logical fact or insight for alternative considerations to my work or findings?
I have never taken a course at a community college, but they are a great resource for people that may not have resources to attend University, so congrats on your equal opportunity offending in just one post.
Seriously-
B
Blink I still have a post in moderation?
Not that I see.
B
Blink, seriously? You actually bragged in a radio interview that Johnny Depp’s publicist urged you to look into this case and that is why you are looking into it. BTW, sorry, you did not remove my post, just couldn’t find it. Also, please post the proof you have about this “urine in these boy’s stomachs”. Funny, this wasn’t introduced into any evidence. Maybe you should be a prosecuter since you are able to find evidence which wasn’t found 18 years ago or since. Probably becuase it’s made up. Very irresponsible journalism on your part. People like you make me ashamed to live in this country. Also, it’s not being arrogant, dumb people are just dumb people. Some of you can’t help it, but some of you just don’t want to….
OMG your a tool. There are double digit posts and comments addressing that issue, go read them.
Also, I recommend you re-listen to the radio interview, that is not what I said.
If I am the reason your ashamed to live in this country, you got big problems about you, not me.
I am sorry if you were under the impression this site was created or moderated so you could troll it, it is not, but you are welcome to create your own.
B
FYI @ Angelica, we come from college and critical thinking and not just believing anything that is dumped in our mouths. Free thinking is great, give it a try. Blink, do yourself a favor and learn how to be an objective journalist and this nonsense with all the uninformed chatter will cease.
lol- I am an investigative journalist, and we do ALL of our independent research, I am not a reporter.
I presented my analysis, you don’t like it, yet offer not so much as an EDUCATED counter-point or alternative, although as you can see, those posts when respectfully submitted get carte blanche on here.
B
I searched for Depp and Blinkoncrime, and found similar comments to what Dr. Pepper quoted at
http://www.downonthefarm.org/wm3hoax/board/index.php?topic=10593.0
Dr. Pepper says:
September 12, 2011 at 12:26 pm
GraceintheHills says:
September 11, 2011 at 11:35 pm
Thank you for the comments once again on the urine issue. I finally “get” the sequence of reports and interviews and yes, hard to shake that Echols was offering previously unreported information.
Also, some thoughts on Echols’ mental condition then and now. I have read quite a bit of the 500 pages medical report on callahan site and also read transcripts from CNN interview.I don’t see him being manic depressive or schizophrenic. In 1993 he is reported by medical staff has having depression or being dysthymic and he states he is depressed and suicidal. He is prescribed imipramine (Brand name Tofranil) which is for depression.That’s the only drug prescribed I can find. In this link I read it as his description of himself is having manic depression and schizophrenia and taking imipramine. IMO he is exaggerating for his own purposes.
http://callahan.8k.com/images/shanegrif.jpg
In his jailhouse interview transcripts I don’t see any signs of major mental illness, only a deliberate attempt to appear to be a gentle, insightful and above all else, INNOCENT being. Echols states. “I think at the time I probably suffered from what most teenagers suffer from, you know, just teenage angst, maybe depression, maybe sometimes even severe depression”choosing to play down his mental state. I think he did suffer from severe depression in addition to being a very intelligent and charismatic sociopath. Back during his hospitalizations where he was observed sucking blood and making strange noises, my take is these were attention getting devices. Medicated or not (?), his depression seems to have diminished (not to mention the manic depression and schizophrenia) and he appears to have used his “alone time” to perfect his sensitive victim persona.
http://transcripts.cnn.com/TRANSCRIPTS/0712/19/lkl.01.html
In reading all of Jessie’s various statements/confessions to LE and attorneys, IMO he could never bring himself to tell about how the boys came to have wounds to the head from blows hard enough to cause skull fractures. The closest thing was hitting them with a big stick.
In his admitted drunken state he translated the use of the ice axe into a big stick. If Jessie had been sober, he may have put a stop to the violence.
In one of his confessions, he talks about how Damien had grabbed one of the boys and the other two immediately attacked Damien. They would have overpowered Damien if Jason and Jessie had not intervened.
I don’t know why I only used a “K” for my name. Hello…I’m Krayon.
when is part 3?
Hello- K- that iceax the blue one is scary- thanks for opsting the pics-
TGF- I remember your comments about the poor photography and poor measuring techniques in this case-
I totally agree- it is really maddening.
Blink has done a great job of researching the iceax- but the truth is we will never really know if the wounds match up- or if it was the murder weapon – - So whatever side of the fence you are on- the handling of this case was atrocious- JB will never be able to definitely prove that the ice ax wasnt the murder weapon, and LE and Blink will never be able to prove that it was- So everyones in limbo-
All because of mishandling and improper training or experience.
and in truth the”x” could have just as easily have been caused by a belt buckle as Blink opined or a knife point or a million other implements….
Speaking about poor handling-
You think the evidence photos and measurements in this case are bad?- Have you had a chance to watch the evidence videos?
This one shows the “cult graffiti” and supposed fire remnants and dead animals I suppose from sacrifices along with… wait for it =an altar-
Then there is the skating rink tapes- they are just horrible- and if I was a parent in that town I certainly would not have taken kindly to my kids being taped in this way- not professional in any way
http://www.wm3blackboard.com/forum/index.php?topic=405.0
and list of tapes ect
http://www.wm3blackboard.com/forum/index.php?PHPSESSID=6ce48f4cf4b5e0ead58c4872545dcd67&board=3.0
AJMO
grace in The Hills- its nice to have another person on the fence- thankyou for sharing your thoughts-
TGF- I forgot to say thank you for saying you would defend my rights to walk the middle ground- you are my hero.
The feb 8th confession: I agree it could be that Jesse was there- and it could be that his role was exactly as he said it- and it could be that JB was there and DE but it could also be just Jesse was there analone or with others- unnameed- or it could be a lie based on new imaginings and new info gained through trial. He does seem to get more info correct- but this confession still bothers me- there is still so much wrong- and the events ect are highly questionable-
I also disagree that anyone reading this confession has to come away with the conclusion that it is truthful-
JM still thought he could gain something by giving a “new” and better confession he thought he could postpone the inevitable- prison time- and he thought it would get him the ability to talk with his dad-
cont
AJMO
Mom 3.0- again, I value your perspective as always. For me, the June 8th confession is “pure” for a few reasons, but mostly because it is to his LAWYER, with the likelihood it would never be heard if Stidham had anything to say about it. The audio is not available, because it was transcribed and only offered to proffer an immunity deposition AGAINST Stidham’s advice. Jessie specifically says he is not sure whether he will testify against them or not, and is aware that prosecutors would like him to.
Imo, Stidham interviews Jesse masterfully, and as a lawyer who wants to find the loopholes in his statement so he could talk him out of this. For me this was apparent if I juxtapose his deposition with his recorded conversation/interview with Stidham.
I know some think that potential contradicts my thoughts, lol, I disagree. Stidham worked hard at trying to convince Jessie this was not in his best interests and directly ruined the possibility he could appeal his conviction. In fact, the deposition did not occur for another, 9 days, as Stidham indicated he was going to slow Brent Davis and John Fogleman down, he did, and he got absolutely nothing out of it, nor would he unless he was willing to testify, so I am not clear how anyone can think it was motivation for a lighter sentence or better conditions- prosecutors and Stidham knew they could not use it in the Echols/Baldwin trial without his testimony and availability to be confronted by the accused.
Interestingly, I think the knowledge they had of this confession, is why Fogleman made what I consider a critical error in this case. Jesse kept referring to a knife, although his verbiage of the use of it, is entirely more consistent with “sling, slung, swing, slang”. His arm movements during, iirc, all confessions also indicate Jason was “swing his arms at his legs.” To me, that implies two hands on one weapon.
I have to believe that prosecutors flat out missed the ice axe information, because even if they made a conscious decision to go with the knife theory, the fact that Baldwin was intentionally concealing his ownership of two recently obtained and returned weapons, with three different witness accounts and a police report to corroborate it, never made it to court, not even in sidebar, lol. That is materially relevant, and potentially consciousness of guilt, the weight of which gets heavier when one considers the dates.
He was interviewed by his own counsel, his “trust tree” if you will, and his hand was on the bible for the duration. I think there is validity in the argument that if one does not believe his original confession, which was played in court, was either lawfully obtained, or usable in court, that this confession, fruit of the poisonous tree, “never happens” from a legal perspective, but I disagree with that position as you know.
The court ruled on it, it was admissible, is what it is, going forward.
I am writing on this as we speak so this is a preview, lol
B
The feb 8th confession the things I took away from it- that give me pause-
jessie went to witch meetings where they burned candles and talked to the devil in different ways- and an older man that looks just like Damien opened a briefcase and it had a Polaroid pic in it of the three boys on bikes in front of a row of white houses.
jesse then says he remembered it was them after the murders- then he says he knew it was them after seeing a pic of them at the trial then he says he remembered it was them:
“after he started beating them up” a picture came to his mind and he remembered that the honcho had shown it from the brief case- and thats when he figured Damien knew what he was doing-
… Q- After you was what? A- ” beating them up -beating the kids up- then it went to my mind- a picture came to me- then after that picture came to me and I looked down, thats who it was”
Older guy
He has a mustache and a beard and he lloks just like Damien- “when he shaves it”
..”he told damien what to do He always told damien what to do
he tells Damien to go kill a dog or hurt a kid or something and hed do it ” more on page 20
The guy was the head honcho and the briefcase besides the poloroid had a sandwich bag in it with some white stuff-
cocaine? no answer…
Jesse got Evan Williams from Vicki carried it in his pants- went to meet up with JB and DE- at the “park” behind Quintons- no set time whenever he could make it- he got there about 6:30pm
They were going to find some girls- and walked up the interstate with lots of traffic passing by- went past the red light and down a trial and started drinking as they were waiting on the girls- JB and Damien had beer in a brown paper sack a 12pk it was cheap beer-
damien carried a big stick with him from lakeshore it was stripped bark- it was the one that was held up in the trial that had no bark on it…. no mention of bag of clothes or razors or red shirt or khaki shirt or jordache jeans or a road runner bag…
Jesse had on a gray sweat shirt and blue greasy pants (jeans)-blue & white addidas
Damien had on like a black shirt black pants a leather jacket- not long- “a bikers jacket” no hat
Jason had on “maybe” light blue jeans- cant remember- doesnt if there were holes in the knees and black army boots- and a black Metallica shirt with a grave and a cross
cont
Confession continues with JM saying (pp):
They were on the side with the army place and they sat by some trees a tree that “was leaned over and a kindof water pipe like a bridge”- heard a noise so JM and JB hid not DE and then DE hid at their urging and then they saw the kids… beyonf the trees was a club house kids built it up there and it had a top… and then Stidman draws a map but JM cant orientate himself..”like that” trys to show where dog track would be and a driveway for tractors and the bridge and the bluebeacon and the army place
The bodies were thrown in the big creek water was flowing and deep over JM says it had to be over his head deep
Q-how far was the bodies from the pipe? not far not far- 15 ft yards I dont know yards feet-
Stidman- (pp)says tell me what happened what did you do what did you see i am not gonna ask questions i just want you to tell me-
JM what do you mean? I still dont understand…
Stidman gives up- back to asking questions- asks about who carried beer- JM says DE- then Stidman says with the stick in one hand beer the other? JM answers well it was JB-
JB says he could jump across where the pipe goes across if he tried
says it was his first time being there- says pipe is probably about as big as his leg maybe smaller- maybe there are other pipes next to it-
Noone got in the water he says- then changes it to damien got in the water.
No dope smoked- busted the EW bottle-on the way back home-
1st says DE and Jason carried bikes across then says boys did- Q- did you see them ride their bikes across- A- no
says boys came from the houses says on opposite side then changes it to his side says from the interstate side then changes it
Then they try to make a map again with blue beacon and dogtrack and bridge-
then says damien caught one and the two others tried to help- cant tell you who -
Q- when did moore run- A- (PP) when I was finished hitting him-i let him go- Damien said get him thats when i brought him back-
Q- what was he wearing- A-to my knowledge one of em was wearing a boyscout uniform- “I dont know which one”
JMsays cant hit hard when he is drunk- noone was bleeding yet- hit him in the head-
JB pulled out a knife and cut the left side of the face-
Q- which one? PP the cub scout? A- no, one of the other two-
Stidman supplies a blonde or Byers-
JM Says to his knowledge the blonde one was cut on the face-
Says damien hit one cant recall which one on the head with the stick-
Q- When did you think killing was gonna happen?
A-After i seen Jason cut that one on the side of the face I didnt know he was gonna get killed until I saw him get on top of -one of them boys and cut him completely. he cut his penis off
says moore was knocked out but still breathing- cuz-”he went over there” and he was still breathing-
says there was no screaming cuz- Damien and Jason put a shirt in their mouths.
*was there fibers inside any of the boys mouths? was their any in their stomachs?*
AJMO
cont
cont confession paraphrased-
**warning graphic***
JM goes on to say -then Jason and damien took off their pants- then changes it to just damien and says he j___ off the pants without unbuttoning them- says nothing about their shoes- and then says he doesnt remember which one- not Moore but one of them DE starts playing with his private part- squeezing it- not moore though-
Then JM says DE put his private part up there from behind but not in-
Q- how do you know? cuz ” I was sitting there”
then JM says DE “shot off on the pants” then Stidman asks him why and if- DE was masturbating…- JM says yeah- then Stidman asks if DE just wiped off on the pants- JM then changes it to DE shot off on the ground and just wiped off on the pants-
When asked which pants he cant remember, when asked again which boy if it was the blonde- he says he cant remember which one- but ” hes going to say the one that got the side of his left face to my knowledge”
Q- what was Jason doing while damien was j—ing off and stuff?
jason went to that one..one of them boys started beating him up just hitting him and he cut off his.. you know penis, the whole work-
jason got on top of him-
** seems the ice ax would be too long and heavy for jason to sit on top of the kid and be able to wield it effectively?**
JM continues- he started hitting him that little boy was squirming and then jason stuck him Im gonna say he stuck his hand over, you know.. the shirt and then covered his hand over the shirt and he just started kept on hitting him and that boy didnt move no more- * Jason was hitting him
**with the iceax? one handed? the castration was done when the little boy was still squirming-
I just seen Jason on top of him and that little boy was still squirming and the next thing i know I just saw a hand come flying like this, thats all
Q- Did he do anythingelse after he cut it off?
A- He slung something I dont know if it was the knife or if it was that little boys penisor what
q- where was he lying when this happened?
On the bank of the creek? in the water? the service road?
A- no he wasnt in no water he was lying on the bank by the water he wasnt laying in no water-
Q-Blood went everywhere? thats what you told the officers?
A- thats what i told em I just seen blood you know.
-
Q-more questions about where he slung the penis-
A-IDK knife or the penis he just slung it.
Q what happened to the blood?
Washed it off real good- wiped it off in the water and stuff
Did Jason have blood on him?
“I imagine so” IDK
then – they try to fix some of the errors IMO:
Q- you say damien was squeezing?
A- one of em,, IDK ,,I dont remember which
Q-Was the Blonde headed boy the one that was cut the face?
To my knowledge IDK
Stidman- that makes sense if you knocked the moore boy out jason was cutting the Byers private part, that means Damien had to have been j___ off and squeezing the other boys private part.. That would be the blonde headed boy right?
A-To my knowledge IDK
* That is not what JM said- he previously said that when damien ws Jacking off Jason went over to that one- one of the boys and ciut him- JM says he doesnt know who is wjho-
who did what-
The only consistent thing is that JM is trying very hard to lessen his culpability-IMO- he was the one that took care of moore- why? Although he is not sure which one had the cubs scout shirt on…. I think it is obvious he knows Moore is the one that was not cut up or mutilated….. so it is safer to keep saying he beat Moore.*
Notice that in this whole confession up to this point- thru pg 57 JM has not mentioned the shoes yet…
AJMO cont
confession pp- cont-
Q- what happened after jason cut the boys private part off?
a- Then i seen him sling his hand and IDK if it was the knife or the penis.
Q-What was Jason and DE saying while this was going on ??
A- They was just telling them to shut-up and get quiet.
*They were telling them to shut up and get quiet? according to JM Damien had already knocked one unconscious and they both had stuffed the shirts in their mouths and Jason was holding one hand to the mouth and the shirt*
JM then says he doesnt know why Jason did it- and he says he just stopped after he seen jason sling his hand he just sat there- and he saw then that they tied them up with shoes string and gets the manner correct this time-’then he says he left after they were tied- but then says he seen them put them in the water
Then he changes the happenings again- Stidman asks: well okay they didnt bother the moore boy the one you knocked out? JM says- No that he didnt see them do nothing-
Q
what happened after Jason cut off the private part?
A- then he said he wanted to come over to where I was at and mess with that boy I told him no I done seen enough
Then he went over towards with damien thats before that boy got his face cut= then he cut that boy on the left side.
You told me that was before that that happened before.
A- I mean after he didnt cut him he just scratched him then he went back and then he sliced him Im gonna say slice.
then pg 61- 63 goes into more graphic strange remembered -then not remembered details of a sexual nature-
then all this took place near the ditch close enough to splash water up to clean it all up-
Then Stiman shows him a correct map- and asks him to identify areas ect- and he tells him that it doesnt look right- and Stidman tells him it is right -and JM says: well I was only out there once… and Stidman goes about trying toorientate him again-
JM still gets stuff wrong and he still says the water was deep-
and then Stidman brings up a sticking point- what about the clothes- Doesnt seem to know about the sticks ect-
JM doesnt mention to this point what happened tomoores clothes how did they get off? he is asked-
JM says Jason took em off-”cuz I let him”- then he says JB did some graphic stuff- and he says jason laid the clothes beside MM- and JM says JB was hitting him he “guesses” it was the cub scout- he says it was about 7:30 pm it was getting dark when he got home then he ate and went wrestling-
* he went wrestling at 7:30
JM then is asked about the Club house and he says it may not have been there- oh I know where I got that from… on Hutchison Island
Was Aaron there that night-
A- I didnt see him.
Then Jm says the boy who was castrated was still moving when they threw him in the water…
he says he lied before because he wasnt swearing on a bible this time he is-
JMO I dont think the bible helped the truth much.
The last thing JM asks is “when can I talk to my dad?”
End-
my perspective on this confession is different- and I am not saying my take is right and anyoneelses is wrong-
The truth is I just dont know- and there are just too many things wrong for me to say- yep- thats what happened- He did it they did it-
this confession is sound
AJMO
I’m finding that what really burns me in this case is how all of the money people behind the defense have completely abandoned Miskelley. If he is retarded as they claim, then he is one who needs the most support. IMO, this blows their so called pursuit of justice for the innocent completely out of the water. It’s becoming pretty obvious to me that this whole crusade has been centered around Damian Echols. The supporters IMO have been used. I suspect also that had Baldwin elected to turn down the Alford Pleas and remain in jail, his financial support would have dried up.
I really hope someone eventually publicizes this blatant hypocrisy.
@Grace.
Echols was more than merely a troubled teen. The following contains many progess notes and hospital records that pertain to his mental health and are not excerpts or summaries:
http://callahan.8k.com/wm3/img/exh500.html
@Blink.
You write:
“He was interviewed by his own counsel, his “trust tree” if you will, and his hand was on the bible for the duration. I think there is validity in the argument that if one does not believe his original confession, which was played in court, was either lawfully obtained, or usable in court, that this confession, fruit of the poisonous tree, “never happens” from a legal perspective, but I disagree with that position as you know.”
You in all probability know what I am about to write but this could confuse others so let me add a few things.
There was to be an evidenditary hearing and based on what came out, a new trial may have or might not have been ordered. I actually don’t think a new trial would have been ordered based on what I know, but there is no way to tell.
One of the stickiest issues pertained to the Misskelley statements’ use at the evidentiary hearing. The Echols and Baldwin defenses did not want the judge to consider those statements against their clients in accord with Bruton. Further, all defense counsel wanted anything that could be considered fruit of the poisonous tree or be otherwise inadmissible at a trial to be kept out, including these statements.
Therein lied the rub. The evidentiary hearing, it appeared, could permit the Misskelley statements to be used against his co-convicts and allow otherwise inadmissible evidence to come into evidence. The standards that applied to a trial did not apply here, at least as most have interpreted the statute.
This leads around, again, as to why Ellington and McDaniel folded. We still don’t know. If a ruling had excluded these statements or permitted jury misconduct evidence it would make sense. Those issues had not been decided.
Dennis Riordan, an extraordinarily talented defense attorney, appeared prepared to go into federal court. He obviously wasn’t very certain the state remedy he sought was in the cards.
Jack, as we discussed previously, I agree. IN fact, Ellington is on record he WOULD be using the February 17th deposition, where Miskelley was granted use immunity at the evidentiary hearing. Riordan replied he wanted to know the courts thoughts on that because if that was the case, he wanted that presented seperately for legal and practical purposes.
B
I am both sickened and saddened that these three were released back into the general population. I cannot fathom how the judge can sleep at night knowing the evidence in this case. Pressure on the court system from people of celebrity is absurdity to the inth degree. Maybe, Mr. Depp, Ms. Maines, and others who fought for their release should welcome them into their homes where their families, friends, and children can celebrate their release in rightful fashion.
I have a two grandchildren and cannot imagine the horrors and helplessness in their eyes as these animals tortured and murdered them. I cry tears for them and wait for judgment day of their murderers as we will all face at the end. Blink, you’ve done an excellent job and are a champion for these and other victims. Thank You for your diligence.
the area of the confessions where jessie has changed “we were going to find some girls” from “we were going to find some boys”,with damien in the background ,saying “no, tell him girls”, is very crucial to me.i think it goes to motive ,and i think jessie is fudging some of the truth of the motive because he is grappling with his own guilt,and ‘homo’ implications,and because child abusers get beat up and murdered in jail,he seems to be trying to protect himself in whatever little twist ways he can.
@ educated person (may I suggest a new handle)
You are choosing what you read on here. Blink has NEVER said that Johnny Depp approached her. That’s a bold faced lie from, a misunderstading from another poster.
Your fear is showing and I’m certain, if you read all the pieces, links, posts, and evidence, you’d be on the fence too. Why is that so scary? Being wrong isn’t the end of the world.
What’s there to lose? It’s not like you’re married to Echols or anything? Hmmmmm?
educated person ,you come here to insult people?your right, it is not arrogant ,its facist.your calling people at this site ,dumb people, really?if you had a smoking gun or a revealing angle as to how it wasnt the wm3, then you would be arrogant, as you started out,you have resorted to name calling? very fifth grade way to express your scholar.
susanm-
Hi- I understand where you are coming from and you could be righte.. I am assuming that you are talking about the phone call in which jesse says hell meet up with them at lake shore no specific time just on Wed i believe to get girls in West Memphis?… at the same time claiming that DE must have had a plan to do what he did- because of the Polaroid taken- and shown by DE’s doppelganger?-this remembrance- or story is again from jesse only- no phone records ect- and next, just because you think that it happened that way doesnt make it so- anymore so than JM “confessing” to outlandish details unproven by the evidence makes it so….or my thoughts on what happened make it fact.
He was trying to lessen his “homo” child abuse stuff??
He graphically in this confession, goes into great detail about watching Damien J-off after trying to anally rape a boy- KIM he first says he didnt masturbate but withdrew and “shot off… and he goes into graphic detail about DE performing a type of fellatio- although ultimately just saying DE bit the boys private part. While all this is supposedly going on he “idly” sits by as he recounts watching and letting JB undress Moore, a boy he beat and chased down, and he retells how JB digitally raped the boy-
It is my understanding that none of the evidence supports a crime of a sexually motivated nature… and if he was trying to lessen the “homo” implications- it would seem he failed miserably- your post would seem to underscore this point- and I bet the people in prison thought so too.
AJMO
Blink thanks for your response- I see what you are saying- but I still cant get over the parts that are blatant lies or seem not to be supported by any evidence. I know he put his hand on the bible- but he is still lying- even though he seems to get some points correct. Again I am not saying that these 3 didnt do this- all I am saying is that this confession-the times some of the events/details- seem grossly inaccurate and out of place.
I am looking forward to your next installment thanks for the preview.
AJMO
Has anyone read about the Terry Hobbs manhole/rebar theory that supporters have come up with? What opinions do you all have on this theory?
I think it is proposterous to me that “supporters” objected to a mountain of circumstantial and physical evidence, and then openly invent the manhole theory, without a single corroborating shred of evidence, and moreover, contradicts their own experts. Two of three drowned, one was already dead and died of multiple injuries, it is just ridiculous .
B
I was double-checking something today and had to watch the very last part of Paradise Lost again, and it was a terrible experience. The scene where Echols is holding his child, with Todd and Dana Moore looking at him is so painful. And Domini Teer is a horrible person. (“I ain’t sorry for [the parents]“, “I ain’t even sorry for [Chris, Stevie and Michael], I ain’t sorry for anyone.”)
Blink- You don’t have to publish my post above. I am having some bad hormonal issues right now and I just exploded. I apologize for my offensive tone to the “uneducated person” here. LOL
Well I don’t know about hormonal, as yours is about the 20th I deleted, but whatever it is, it is contagious, lol.
B
@MOM
I am by no means trying to disprove the ice axe as the murder weapon. In fact, I’m rooting for Blink to succeed. Unfortunately, without the release of her full and complete analysis we can only take her word for it. I’m not about to do that.
I think I’m seeing the wound on Stevie’s thigh correctly. The texture that was argued to be rebar is actually caused by the shaft of the ice axe, which was covered by a grip. The wound that followed was an impression left by the adze. Please correct me if I’m not seeing this properly.
Here’s a wiki with the breakdown of an ice axe: http://en.wikipedia.org/wiki/Ice_axe
Blink noted that Baldwin’s brother said that the spike was not visible. This leads her to believe that some sort of grip or scabbard covered the shaft resulting in the XX pattern left on Stevie. It might add up but I’m having difficulty finding any ice axes that would fit this description. Standard ice axe grips stop about half way up the shaft. The murder weapon would have had to have a really long grip to leave that mark. Maybe it was a grip not originally intended for ice axes?
Blink, do you have a model number or any sort of grip that might have produced those wounds?
I will be including some samples in part 3.
B
Waiting for Part 3.
By Thursday afternoon at the latest, I am traveling for another case.
B
Sorry for thew 2 post but my comments are not posting on here! I DO think they`re GUILTY!! But i would love to hear Part 3 so the supporters can see why some of us believe the 3 are guilty.
When are you gonna post part 3?
vickie, your posting, this site is moderated.
B
@Lisa Allen, 38.
In fairness to most supporters, the “manhole theory” is a fringe group’s asinine hypothesis cobbled together to “inculpate” one “Real Killer” and to “excuplate” another “Real Killer.” The (ir)rationale is stated as otherwise but this is the ultimate goal. As Blink wrote, there are reams of circumstantial and direct evidence readily available on line, the assessibility of which makes this case rather extraordinary. That evidence points to the guilt of the three convicts. Even those who disagree with me by and large don’t subscribe to the fantasy you referenced.
I almost wondered if it was not an attempt at an online focus group for the theory it is so contrived.
There is no way a serious individual is suggesting raccoon predation in manholes.
B
LoL @ ‘educated’. If this person is indeed well educated, then we have at least a half dozen Rhodes Scholars posting on this site. Heck, I might even qualify for some type of degree.
True story- on one of my college apps ( not community, but a close second, Mrs. Motherhubbard U) I wrote that I was a member of Menses Intl. Get it? ROTFL
B
The Manhole Theory is for the most part supprted by BS speculation. However, the rebar wound seems to have some legitimacy to it. If Blink can prove that the pattern was caused by a grip and not rebar she can blow this whole thing open.
For the record, I’m no supporter, just someone looking for answers.
I think it is a fair statement on my part to say I will never be able to PROVE this was the weapon used during the commission of this crime without producing the ice axe in evidence ( again, willing to bet it is unaccounted for) and if a grip was removed, the actual grip. What I can do is present my findings and hypothesis, which I believe are compelling on their own, but coupled with the totality of the evidence, leave me without any reservations about who committed these murders.
I did receive a correspondence that Todd Moore confirmed I was correct on the road runner bag to a mutual third party, fwiw.
B
@Blink, 44, bold.
It could be. That also would explain why so many who subscribed to that theory turned on a dime from the “Byers did it” mantra to the “Hobbs did it” mantra when the hairs emerged.
The defense obviously could have raised both men as alternative suspects, but emphasis needed to be put somewhere.
There is exculpatory evidence for both of them ( forgive me, neither man is someone I would want in my zip code regardless) out the yang, and $10 million could not produce a shred of evidence the defense could use to raise their geiger reading. How that continues to make sense to some is beyond my comprehension.
B
All I can say is those who let these guys free need to have a mental exam and be left to take care of the guilty guys themselves. I cannot stand the thought of what they did to those babies and now are let walk free. We definately are living in a messed up society and may God help us.
“Menses” …lol
My mom used to give me & my brother Mensa tests when we were little.
In addition (re: me & my brother) Sentence composition & punctuation weren’t part of the tests.
lol, no they were not or I really would have only qualified for Menses Intl. Ask around.
LOl.