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:

1,388 Comments

  1. susanm says:

    mom 3.0 ,i do agree this wasnt a sex crime , and when i was saying nambla clubhouse , i didnt mean officially nambla , i was using it as slang meaning any quasi pedophile ring, and as root cause , as family ritual habitual. i dont think this crime was professional ,meaning sexring, or a pedophile group,because the children wouldve obviously been raped ect. and they probably wouldve been kidnapped first , and left miles into a wooded area away from where they were last seen ,imo. so we do agree,that. i also agree its like a plot from a horror movie,or stand by me or lost boys , maybe that was part of the influnce , whoever did it.

  2. Xara says:

    Morgan~ you said (in part):”which makes it easier for HUNTERS to transport their kill”

    How about someone that worked at a slaughterhouse? Would they also use the same method for transport?

    There is no evidence these children were transported anywhere. In fact, I would offer that an interpretation would be that it was impossible.

    THEY DROWNED, HAD FATAL PERIMORTEM HEAD WOUNDS WITH TERMINAL ASPIRATION, regardless of who anyone thinks is responsible, it is indisputable there is no other scenario that fits except they died right there.

    I know y’all just have to know if Peter Jackson and $10Million bucks could not implicate Terri Hobbs, or find a single shred of inculpatory evidence against the man, it is not the most fruitful of theories to rehash, right?

    If that is not enough to sway you, if it had, who really believes these chaps would have pled out 3 months shy of what undoubtedly would have won them a new trial, and likely, their freedom without the whole murder convictions thing hanging over their heads.

    B

  3. vicki says:

    Doesn`t drinking Alcohol warm your blood?
    and your not as cold? They all 3 were drinking and i have known people to go into cold water like that when drinking a lot.

  4. Mom3.0 says:

    Part 3 -
    Okay it took me awhile but:

    Hi Morgan, I wanted to say thanks again for sharing your thoughts and concerns – I want you to know that all of your points, feelings and concerns are valid- and my thoughts and opinions are not given in a your wrong Im right kind of way… I dont know who murdered Michael Stevie and Chris. Each and every one of your thoughts could be exactly what happened –

    but all of our thoughts are just speculation- (mine and yours) So unfortunately I cant help you get to guilty or innocent cuase i cant find my way there either…

    IMO all the evidence and all the testimony ect is highly questionable- so I keep searching for that moment where I can say NO they didnt do it– or YES they did it- and I cant move from the fence I have reasonable doubt of both conclusions.

    If I were a juror, I would not be comfortable sending these 3 a way for life and/or a death sentence not based on what info/evidence was presented,..and I cant exonerate them and claim them innocent either- Too much reasonable doubt on both sides..

    You wrote:
    Deanna Holcomb, the ex-girlfriend of Damien Echols, stated that Damien had owned a similar knife. “About E-169 that reminds me of a knife that Damien had was the ridge edge and the handle, the end part of the handle. The shape of the blade. Damien had it around October of 1991, in a trinch coat.” Deanna Holcomb statement, 2-14-94.

    **Deana says he had it 1991. October- considering how many kids and adults collected, traded, lost knives I dont see the relevance to Damien having this type of knife at one time, and considering he wasnt wearing his trench coat the night of the murders, I dont find this testimony rather bothersome-
    Damien had knives he carried them in sheaves, he carried them in his pockets- JB had knives and collected knives same as everyoneelse- they never hid their hobby- so I dont find these facts as pointing towards guilt. Especially since Damien did not deny having knives nor one like the lake knife. **JMO

    You wrote in part-
    I know this knife has been discounted, but as yet I am not ready to abandon it completely, if only because it’s been stated that Damien’s trench coats went missing, as did the knife last seen in the pocket. Who’s to say it wasn’t Damien’s then? He even said he’d owned such a knife but of a different description. …

    **I understand your reluctance Morgan, and who knows maybe this knife is the murder weapon…we’ll never know, but again, given the fact that lots of people had lots of knives- this to me doesnt mean much either way- and again Damien carried knives in various ways- so thats why it doesnt give me great pause.**

    You wrote:

    I haven’t dug into this to know if Domini (whose credibility I’d question regarding any knife) and Garrett identified who it was they saw toss the knife, before the murders – which I find curious – into the lake.-

    ** Everything and everyone surrounding this case, and the area ect are suspect to me,incliding the 3 so I do not blame you for not taking anyones word as gospel.**

    You wrote:
    As for the axe? There’s not much I can say about that other than to stand gratefully corrected (JB not DE) and suggest that the owner of such a valued possession wouldn’t be anxious to discard it, but would prefer to clean all traces of evidence from it. Oftentimes murderers discard their weapons, and oftentimes they do not. As for returning it to the previous owners, well, that sort of reminds me of Byers giving his knife to the HBO guy, perhaps with the hope that no one would look there for it.

    ** I wouldnt say it was a valued possession, afterall he had just traded for it, and the ex owners said thats all they had that was good enough to trade, along with the knife which of course WASNT used in these murders…so maybe JB just had “buyers remorse”, especially since everyone knew these little boys were brutally murdered and cut up-, and one must take into account that JB’s best friend was the talk of the town- afterall SJ immediately said that the only person he knew that was capable of these murders was DE-…

    ** and one must not forget that the jury in their notes tended to believe in JB’s innocence but the sticking point underlined was “Damiens best friend”…
    BTW Id still like to know what JB meant when he said he was going to be accused of something- by whom- who besides the ex owners knew JB had the ax? was there a falling out between them? and yes i agree murderers do hold on to things as a remembrance of their crime- but everythingelse was taken care of with no trace, so I cant see JB keeping it only to return it… with that cryptic message**

    you wrote:
    The trench coat: You’re right. Great detail was offered regarding what each of them wore, and I don’t recall that a trench coat was mentioned, though the absence of a trench coat wouldn’t discount the presence of an ice axe, would it?

    ** No it wouldnt rule out the presence-, but in this great description of clothing and weapons by JM , he never mentioned trench coats or an iceax-and I would tend to think a shiny blue, deadly iceax would merit a mention if it was used.JMO—
    as for the trench coats disappearing- the only one we for sure know disappeared around the murders is Damiens-and he wore it to the skating rink, and it was said to be in his home when it was searched- so I can not jump to the conclusion that any or all of damiens trench coats missing mean- he wore one or jb wore one or JM did the night of the murders… JMO**

    you wrote- The necklace: Ew. DE into cutting himself – licking blood – feeling like God when he drank blood – so why not the blood from CB’s boy parts as was testified to?

    ** It is gross- but many people consider this the norm- and infact seek out willing partners for such an act- just as DE stated: he did this with willing partners- and I guess youre right, anythings possible when youre talking about the cold blooded murder like this but- KIM that testimony came from a jail mate of JB’s M carson and as I linked above- in his statement, he said Jason Baldwin drank the blood not DE- …..and as the statement reads- he said that Jason Baldwin dismembered the children and cut off all off their genitals and drank the blood from all of their scrotums and also put the testicles in his mouth- considering these are not the facts of the murder- I choose to discount the whole statement- especially when a worker came forward and said he told this to Carson as a rumor not a fact….***

    You wrote:
    Blue candle wax: Simply, candles come in many different sizes, some of which would have fit quite nicely into a pocket without breakage. The lower quarter or third of a twelve inch taper might well survive a pocket.-

    ** I agree good point- but IME candles no matter what size tend to scratch up rather easily from friction, movement and pressure ect- and no matter what piece survived- the candle would have left little pieces of the color and wax behind… I would think as the perp pulled the candle out of his pocket, it would stand to reason these pieces would have fell to the ground- yet- no pieces of any candles- or their dripping wax- were found at the scene- so I have a hard time bieving that spot was from this special kind of candle – one that was indestructible, and only dripped on one little spot.**

    You wrote:
    3 kids, 3 different methods of tying the ligatures that bound them:
    I’m sorry Mom3, but I just can’t imagine this. Perhaps I just don’t want to for the horror it would have entailed. A terrified, trembling child would have had to be instructed on how to do what, and I do suppose that would have taken a good deal of time. No, I don’t even want to imagine this scenario. But then, neither do you, I’m sure. Then too, if there was only one perpetrator involved, how was it that this one kept any one of the boys from fleeing the scene, as surely one would have attempted to, and did, according to Misskelly.

    ** Youre right I dont like thinking about it either, Morgan -none of it -but considering its plausible IMO it must be considered- if we were on the jury we would have to discuss such deplorable things.. Unfortunately we do not know the times of death or the order of the wounds inflicted or the order they died in ect…so, IMO anything is possible- perhaps they were playing hide and go seek in the woods and the BG- incapacitated them one by one, when they were alone- and waited for the best opportunity… then went on about his sick murder plot- we dont know.**

    IRT The alibi- thanks for bringing over that timeline Morgan- considering Terry Hobbs to this day doesnt know exactly what he was doing at any given time understanably- only estimates- same as everyoneelse, and considering Jacobys accounts of that night differ from his, my point was not to question Mr. Hobbs, but to illustrate that many many peoples alibis were just as “sketchy” as the 3′s , and corroborated by family and friends just like the 3′s. So, I think it is unfair to say the 3 didnt have an alibi- theirs was just as good as many others who were eliminated as suspects. JMO

    Morgan thanks for sharing that info on Mr. Byers- as I said anyone that takes a hard look at this case unfortunately has to take a hard look at the parents- if for no other reason then LE didnt do a good job in the beginning, of eliminating the family and friends as suspects- then widening the circle to include neighbors, towns people ect- As I said, this is standard in missing and murdered child cases- LE looks at the loved ones first then moves out…JMO

    Thanks again Morgan you have given me much to ponder and I appreciate your wanting to get to the truth thanks for helping me to see different perspectives..
    AJMO

  5. A Texas Grandfather says:

    In regards to the way the boys were tied. Yes, this is the way that hunters bind the legs of deer and pigs. Families that are into hunting start the boys by the time they are five feet tall. This can be as early as eleven. The bindings would allow two people to place a pole under the bindings and transport the animal quite a distance.

    I was taught to shoot by the time I was nine using a cheap single shot 22 cal. J.C. Higgins (Sears) rifle. One of my neighbors has a boy that is thirteen. He has been deer hunting with his dad for the past two years.

    Hunters come in all types of backgrounds. This neighbor has a masters degree in electrical engineering and designs equipment for producing
    computer chips. Sitting around a camp in a half-drunk state is not his idea of fun.

    We have a society that has moved away from things once considered as normal as breathing. I have knives of all types. Just like in a kitchen, one knife cannot do it all. My fish filleting knife has a long thin blade that is sharp as a razor. People who live in country or on the fringes of urban areas have equipment to help them do what jobs are required.

    I have carried a knife in my pocket or belt most days since I was six years old. Young people in my generation were taught that knives and
    guns were potential weapons against people and they were never to be used except for self defense. In central Texas, women carry them too. Mostly to cut the string on a bale of hay or the binding across a feed bag.

    If any of you ever get to Gatlinburg,Tennessee there is a knife shop on the main street that has knives from most American and European manufacturers. Not just one or two, but the entire line.

    West Memphis, Arkansas is a small community that is surrounded by farms and timber lands. It is not suprising that the boys owned or had access to a variety of knives.

    I have my own Leatherman, which Mr. Blink is not allowed to touch as he has his own, and I bought the same one for my Daddy last Christmas. I love that thing, a moment of levity, lol
    B

  6. A Texas Grandfather says:

    Boys are not going to the woods to play hide & go seek. They can do that around their own homes. They are in the woods to see the trees and plants as well as to look for small animals and birds. It is part of a learning process that boys go through in a semi-rural setting.

    The has been nothing mentioned about the area regarding the possiblity of transient people using this area as a camp ground. How many times had Jason, Damien and Jessie been to this area? We have zero information.

    People who live a different life style have behaviors that most think are strange. Just today, I observed a guy about forty years of age walking aimlessly around town carrying a back pack. He was mostly wasted on drugs of some type. You don’t know what they may be looking for or attempting to do, so you (I) watch them carefully.

    Blink made me laugh about the knife given to her dad. Most of the time dads get a new tie, sox, sweater or houseslippers for Christmas. I am sure he was pleased to get the valuable knife.

    Lol, it is a leatherman, an all purpose thingie with it’s own little sheath (I call it a house, but I am a girl).
    http://www.swissknifeshop.com/shop/leatherman/multi-tools/leatherman-super-tool-black-oxide

    I am a tool, WD40, clear Duct tape and zip tie junkie. Hereditary.

    B

  7. Scout says:

    First time poster, long time sleuther. Used to go along with the whole media/celebrity ‘free WM3 circus’ (was a huge Eddie Vedder fan!) -’till I recently actually looked into the facts, case, circumstantial evidence and confessions. Really kind of sickened now that these three were set free.

    I watched the news conference ( http://www.youtube.com/watch?v=zRgomMXTnoU ) when they were released and then I watched it again on youtube with the volume off (for body language sake) and it’s really interesting. I only focused on Damien as his gesturing was so ridiculously blatant.

    I’m not a body language expert by any means-just an armchair psychologist with an affinity for decoding human behavior. And of course, it’s not an exact science.

    Watch the conference with the sound off-Damien has his left hand in front of his face/touching/grazing his nose almost the WHOLE conference which indicates deception/lying. “A hand over the mouth while talking indicates deceit. It can be a quick touch to the mouth, or a sustained rubbing across the mouth”. He also does the ‘shh’ gesture at 8:08 which is really creepy when you pause the video.

    Here’s a little lesson in Body Language- scroll down to #1-The Mouth Cover.
    http://westsidetoastmasters.com/resources/book_of_body_language/chap7.html

    At 8:12 Lorri Davis (Damien’s wife on his left) breaks into a laugh then at 8:15 abruptly stops smiling–and flings her hair behind her ear-pierces her lips-and then moves her hair back in front of her face. It seems like she really enjoys the ‘celebrity’ (thinks Damien is a celebrity) this has all brought. She seems overly concerned about her looks and her mircoexpressions are bizarre.

    Damien creeps me out. It’s interesting too how he has this whole Johnny Depp thing going on, with the hair and glasses. I wonder if Johnny Depp and any of the WM3 supporters would let Damien babysit their children. I sure wouldn’t–wouldn’t even let him get close to my stuffed animals.

  8. Morgan says:

    Xara says:
    September 20, 2011 at 8:32 pm

    It’s been a long time since I’ve seen something slaughtered. The last was a hog and as I recall, only the back legs were bound and the hog hoisted up by hook and chain. The whole process was “automated”, which is to say that tracks and pullies attached to the ceiling guided the flailing pig through the process. I didn’t stay to watch the flailing, desperately squealing pig, hanging upside down, get its throat cut. I understand that this is the same way they would slaughter steer. How large slaughter houses operate is beyond me. One of the cruelest things I’ve ever seen in my life was a steer being drug by a tractor to where it had to be. Only one back leg was roped and chained and its back horribly bloodied. This isn’t to say that I didn’t enjoy the steak.

    I do believe that the boys were bound and killed on the “ditch bank”, though I’m not sure why they were so bound. I don’t believe it was to make transporting them easier. I don’t like to think, though the possibility has crossed my mind, that they were bound to add to their suffering. If hiding their bodies in the murky was the intention of their assailant(s), binding them so prior to sinking them into the mud would and did make it less likely that they would be more easily seen by passersby. iirc, in one of his statements Misskelly said the boys were thrown into the water. The bindings would have made that easier as well. I don’t believe anyone would stay in 60 degree water more than a few minutes, and a few minutes all it would take to submerge such small beings, as bound as they were.

    ATG, I can relate, though where I am now even a pencil, in the public school system, can be considered a weapon, so one best not ever tote a pocket knife to school; but back when I was a kid, there was hardly a boy who didn’t carry one in his pocket. I keep one in the truck. Blink, I’m jealous! A Leatherman? You never know when a knife might come in handy, anyway, or for what, beyond hay bales and sacks of grain.

    Indeed, hunters come in all shapes and sizes and from differing professions, but a few of the many hunters in my family are prone to basking in the brew and boasting of their kills.

    Mom3.0 says:
    September 20, 2011 at 8:58 pm

    I dont know who murdered Michael Stevie and Chris. Each and every one of your thoughts could be exactly what happened
    ____________

    I don’t know that any of us will ever know exactly what happened. I doubt that I know much of anything. This much I do so well suppose, but could well be totally wrong, no one would confess to such a heinous crime so over and over again, and especially not in the wake of his conviction. I don’t find Misskelly so mentally challenged that he wouldn’t have fought for his freedom and his life. He had nothing to gain and everything to lose, and even he had to have understood that. What benefit was it to him to confess to a crime they didn’t commit and run the risk of spending the rest of his life in prison as well as condemning Jason to the same fate and thereafter being partially responsible for Damien’s death by lethal injection? It makes no sense, and not even for one so allegedly mentally challenged. Jesse’s a bit slow, but he’s not stupid. Why would he do this, confess so repeatedly, Mom3?

    I agree with the former poster who said “You’re good!” Very, very good! You aren’t a private investigator are you? You’re not in law enforcement, or your profession isn’t criminal justice is it?

    As for the candle, I have considered the possibility that the blue candle wax might have been the result of a little scout’s birthday. A boy is bound to have blue candles on his cake, and a celebration could well have taken place at a scout meeting, and a drippy candle could have spilled over onto his shirt. It’s possible. But if there’s anything to the photographs of the boys being taken prior to the murders, if there’s any possibility of contact between Damien and one of the three at any time prior to the murders, it’s possible that at least one of them was familiar with Damien, and may even have visited him where there were blue candles melting. We just don’t know. Or at least I don’t.

    All I can do is look at the evidence, consider all possibilities and speculate. Such speculation always finds me back to Misskelly’s many confessions and comparing them to the evidence we have been given. At least in the case of Mark Byers, Terry Hobbs and Michael Moore, we have some semblance of attested to timeline. We have no such thing with the West Memphis 3, unless I missed it somewhere. All of their alibis have fallen flat. So where were they and just what were they doing? Why is there no timeline that supports their innocence? Jesse Misskelly and his family insisted that he was at a wrestling match, when it seems there was not match that night. Damien Echols is said to have been visiting family friends with his mother, as I recall, but admit to being fuzzy on this, and I’ve no idea what has been said of Jason. I haven’t gotten that far.

    What I would like to see rather than all of these timelines on Hobbs and Byers is a timeline of the movements of the WM3 that’s supported by credible eye witness accounts made by those without a special interest. I watched the 48 Hour special Paradise Lost 3 and was woefully disappointed as it offered nothing new, no smoking gun that would validated their claim to innocence. Everyone’s focusing on a single hair caught up in a ligature when there are so many unknowns surrounding that. Before the birth of my last child I taught school and can’t count the times I’d have to stoop to tie the shoes of 7 and 8 year old little boys whose shoe strings seemed always to be trailing behind them, with many an eyelet not strung through.

    Were the shoestrings laced through every eyelet? Were they old and frayed and so soiled that a hair would have become securely attached and held in place by months of sloshy mud and other goo? These were boys. Scouts who camp and fish and hike and explore and I just can’t imagine what might have been on their shoes which I doubt were new and tightly laced all of the way up. How will we ever know?

  9. Morgan says:

    By the way, I’m sorry for not addressing the question imposed regarding Christopher having no defensive wounds though I suggested he’d fought his assailant. Thanks for pointing that out to me. I’d forgotten.

  10. GraceintheHills says:

    vicki says:
    September 20, 2011 at 8:41 pm
    Doesn`t drinking Alcohol warm your blood?
    and your not as cold? They all 3 were drinking and i have known people to go into cold water like that when drinking a lot.

    ~~~~~~~~~~~~~~
    No, it doesn’t warm the blood. It dilates the capillaries near the surface of the skin and gives one the sensation of warmth. This is the reason some people’s faces look flushed when they drink. Consuming alcohol actually causes the body to lose heat from the skin’s surface. And, as everyone knows, it also impairs one’s judgment. This sensation of warmth along with impaired judgment could certainly cause one to think s/he could tolerate cold water. But, IMO, JM’s stories have changed so much I have a hard time believing anything he says. I feel the same about little Aaron. How very sad that he had to be involved in all the questioning.

  11. Lisa Allen says:

    @Vicki, Regarding alcohol warming the body, I believe that is true. In fact, I heard when the Titanic sank, there was a drunk man who survived the icy cold ocean.

  12. Lisa Allen says:

    @Blink, love your commentary on the whole Peter Jackson $10 million bucks not being able to implicate Terry Hobbs issue. Exactly…if $10 million dollars can’t prove it, I don’t know what can! And this guy is inviting Damien and Lorri down to New Zealand. You’d think he’d see through this whole thing by now! In addition, these groups that are forming to exonerate the WM3 and find the real killers should figure out the same thing…there are no other killers…duh! You just know Damien’s probably thinking “it’s ok guys, we can just not worry about any other suspects now, let’s not go there” because there aren’t any others! Lol! His attorneys are probably like “Let’s hush up about that whole find the other killer stuff”…because you’re guilty as hell! Blink, do you think their attorneys really know they are guilty? In addition, there are groups popping up wanting to sign a petition for the governor to exonerate these murderers! Ellington at least did the right thing by acknowledging over and over again that he still believes the 3 are indeed guilty of the crime. So there’s no way the governor should exonerate them or pardon anything for these murderers!

  13. Lisa Allen says:

    @Blink, I forgot to mention the other thing they gave up on was the ability to sue the state for millions of dollars. That clearly would have been the best thing to do, unless you’re GUILTY and Blink is coming after you…lol!

  14. Al says:

    @ Lisa – I believe my thinking has been confirmed by the invite that Echols and Davis have received from Jackson. This whole drive has been about Echols and the death penalty. The goal Jackson, Depp, and the others was probably to get the DP reduced to a life sentence then eventually morphed into an ‘he is innocent’ mode. I myself would have no problems in abolishing the death penalty if some of the rules for a life sentence were changed. My changes would be to limit the number of appeals the inmate could attempt while severely limiting outside contact.
    The murderers should suffer isolation from life the same as their victims. In essence they should be alive but in isolated purgatory. I have a temper and certain standards that I feel cannot be abused by another individual and I believe these factors should be taken into account when we humans harm or kill each other. However heinous cold blooded murderers are in a category of their own and should be erased from society one way or the other.

  15. susanm says:

    bet p jackson takes a secret phone call in the den,just kidding had to say that.

  16. Mom3..0 says:

    Hello susanm- I apologize for taking so long to respond. thanks for hashing things over with me –

    First-

    re your September 20, 2011 at 2:01 pm post

    Hi thanks for getting back to me on the alcohol your theory is an interesting one, but I would think you are right about the alcohol being there from decomposition and not actually from beer or whiskey. I have some thoughts regarding the urine- Ill post them later

    I will say that your theory about the alcohol passing through the urine is a disturbing notion to ponder, but I do not think it occurred because if Blink is correct, and urine was found it was found in the stomachs of two of the boys not just the one who had 0.01 % ethyl alcohol…

    It is my understanding that Vicki said she lied- she said her testimony was not true- she has even wished she could apologize to Jesse. She said LE used her and she was afraid they were going to take Aaron away if she didnt say what she did. So I think it is not farfetched to think she had her own reasons to lie same as Jesse same as Jc afterall she had no problem with the lie about a witch’s meeting and orgy.

    cont-AJMO

  17. Mom3..0 says:

    Susanm, re- your post- from September 20, 2011 at 3:47 pm
    You wrote and Blink responded:

    http://www.jivepuppi.com/evidence_the_clothes.html here are photos of detective ridge in the water , although it is daytime and the sun is visisble on the water ,he is not wearing any special clothing and by appearance seems to be lingering in the water ,and not in any hurry to get out,what would the water degree change be from 7;00pm to afternoon?and when/how/where was the water degree ,reported?

    Good Point actually, you just jogged my lagging memory, lol. Bryn Ridge was in that water for over 45 minutes straight up to his what-what.
    B
    ——
    Nice find susanm- very thought provoking I must say…
    But that is one pretty big guy, and he wasnt drinking, he was stone cold sober- and he wasnt totally submerged or frolicking or naked… alcohol consumption tricks people into believing they are warm when they are actually freezing to death- which those of us that followed Morgans case discussed extensively- alcohol increases ones chances of succumbing to these elements- temperatures and wetness ect-
    I would think 45 minutes (thanks for the info Blink) for this big guy, who is dressed and sober and not submerged ect is quite different than 3 teens skinny dipping and frolicking and over and over going down under the water-head first….I know without a doubt it is different then 3 little boys in the water for any amount of time – which Jesse also said in one confession that the three little guys joined DE and JB in the water for a time IIRC.-

    and BTW if they werent naked- have you ever tried to move about in jeans that were wet? Not an easy task- and they tend to pick up lots of debris… and if they wer naked have you ever tried to put your jeans on when you are still wet? not easy either…

    AJMO

  18. Mom3..0 says:

    Re-susanm says:
    September 20, 2011 at 6:29 pm


    me again – susanm thanks for clarifying your thoughts and i agree we agree on alot and truly no motivation can be dismissed totally, so you are right in thatregard also

    Ps please know Susanm- that, I am not calling you out for subscribing to your theories or to anyones- I was just sharing some facts that would negate some of your points- in the interest of getting to the truth of what happened to those little boys.

    I was not doing it to be cruel- I hope you know that, I was just trying to help develop your theory, based on the facts that I have been able to learn. The whole purpose of having BOC is to advocate for the victims and truth and justice- we read Blinks work and we
    and we discuss… the only difference this time IMO, is that many of us can not get off the fence one way or the other- we are trying, and the only way we can get there- is to bounce thoughts and ideas and debate issues and theories. I am sorry if you felt like I called you out -that is not my intention at all-

    the truth is you add alot to the conversation and make me think and rethink- thanks

    AJMO

  19. Cat says:

    $10 Million bucks to support a competent forensics team at the scene may have helped though. It really isn’t like Peter Jackson could have turned back time and have obtained the crucial evidence needed to place any doubt to rest, in fact, he may have surprised himself if he could have. The point being, the evidence, in its current form, still leaves a shred of doubt, if it didn’t, the State would have certainly “continued the fight” to keep the three behind bars, at the very least, to prove that they weren’t wrong in the first place. Protecting egos and “saving face” are far more of a motivator than a potential financial burden IMO.

  20. Mom3..0 says:

    Re-A Texas Grandfather
    September 20, 2011 at 11:14 pm

    You wrote in part:

    Boys are not going to the woods to play hide & go seek. They can do that around their own homes. They are in the woods to see the trees and plants as well as to look for small animals and birds. It is part of a learning process that boys go through in a semi-rural setting.

    The has been nothing mentioned about the area regarding the possiblity of transient people using this area as a camp ground. How many times had Jason, Damien and Jessie been to this area? We have zero information.

    Hi TGF- first let me say I respect your thoughts and you could be right on all your points

    Heres My thoughts FWTW-
    I agree that we do not know if and when or how often DE or JB or JM frequented those woods- but the same can be said for the victims and the transients that were seen in the area- even that day IIRC, and ofcourse we can not say what the other people in and around the apts and the town did either- I would think that because this area was called Robin Hill woods kids did go there to play and Aaron said he did, so perhaps JM knew from Aaron…

    But I do not think anyone can definitively say that Chris, Mike or Steve or any other kid for that matter did not play hide and go seek or any # of games in those woods.
    They may have– I know from living in such an area for a time as a child, and as tomboy we often played in the woods, just like these woods- which was basically a patch of trees surrounding a drainage ditch – We played HAGSeek we played “war” we played tag-, cops and robbers ,cowboys and indians, “Conan“and other tv/movie characters.

    Just thinking…
    Mikes sheriff badge and wallet, were found in Chris’s pocket- what if it was Chris’s turn to be the “sheriff“ and he pulled over Mike and Stevie and then took MM’s wallet as a cop does, to check his license ect, and then Mike and Stevie playing the BG’s for all its worth- took off & escaped into the woods- Chris the cop was on the look out- for them? My point is there are a thousand things they could have been playing, and there are a thousand ways they could have been separated – even by choice –because the game whatever it was, called for it – then sadly the murderer enters the scenario….

    TGF again you could be right as you so often are- but IMO we cant rule out any scenario – because we just dont know.
    AJMO

  21. krayon says:

    @Blink

    “I am a tool, WD40, clear Duct tape and zip tie junkie. Hereditary. B”

    Don’t you just love the new WD40 cans with the flip up tube? I’ve got a healthy respect for tools myself. Any broken item is an excuse for me to take something apart and see how it works. Hereditary.

    I met a construction worker one time with pink tools. I asked her if anybody made fun of her because of them. She said “sure…but nobody ever asks to borrow them either”. ~wink~

    I’m still so very proud of you & the ice axe. I still can’t get over these kids referring to it as a “weapon”.

    I’ve been researching Ron Lax recently and all the statements that were withdrawn after his visits.

    In case anybody else is interested…

    http://callahan.8k.com/wm3/img2/jm_w_jones_hearing.html

    William Jones gave a statement saying Damien confessed to him while drunk & later recanted after a visit from Inquisitor Inc. (Ron Lax)

    O- the laxative, as I have dubbed him. I will tell you flat out, that “dick” would have been charged with obstruction or witness tampering if this case was before the court for the first time now.

    He makes Dominick Casey look profficient.

    B

  22. krayon says:

    @Lizzy

    You soooooo nailed it. (re: waiting on Blink and Part III)

    “No, it’s like the phone call was from the caterer and we’re all drinking flat wine and warm beer, trying to decide whether to go home and order pizza or wait for the possibility that the good stuff is going to show up before we all get plastered.”

  23. Mom3..0 says:

    Morgan- I do not know why Jesse “confessed” over and over again what I do know is he lied over and over again- and I know it couldnt have happened exactly like he said it did-
    What I do know is he first denied having anything to do with it- and there are many innocent people who confess to the crime that are later found to be innocent-

    perhaps they confess because they think it is a hopeless situation and they give up -and pray that LE will be lenient in their sentencing- perhaps they think God will never let a jury find them guilty- there is no real evidence against them- because they are innocent- so they confess because they are scared and want to be let out of the situation they are in- which at the time is questioning By the police- IDK
    AJMO

  24. krayon says:

    @Scout

    (re: body language observations)

    I’m a Paul Eckman fan & the whole finger clenched, finger over mouth thing Damien does is very bothersome. It’s really hard not to think of Ted Bundy when he does it but I hate to give him credit for that degree of cunning. Damien has buttons, it’s just that nobody’s been able to push them (wrong questions).

    One thing is clear and that is the fact that Damien WANTS to say something but is holding himself back (for whatever reason). Personally, I think he’d love to have somebody push that particular button.

  25. Lucy says:

    @ ATG

    “The has been nothing mentioned about the area regarding the possiblity of transient people using this area as a camp ground.”

    Not sure about camp ground, but we DO know that transients pass through there frequently. It’s been speculated that the WM3 were hanging out there with the intention of catching and torturing a transient (as they’d supposedly mentioned before, per Jason Crawford’s statement).

    “How many times had Jason, Damien and Jessie been to this area? We have zero information”

    Well, we know that Damien used to LIVE in the Mayfair Apartments, adjacent to, and overlooking, the area. (And yet he lied saying he’d never been there in his life; the guy lies constantly.)

    Jessie said that was the first time he was there. There’s no way to know for sure if that’s true, of course.

    As always, we know the least about Jason, since he didn’t say anything.

  26. Lisa Allen says:

    @Scout, I really enjoyed reading your post and it gives me a lot to think about. You are so right about Damien covering his mouth. I will go back and watch the news conference without the sound. Yes, very interesting about his hair and blue lens glasses like Johnny Depp. I think Johnny Depp definitely wins that contest, obviously! Johnny probably doesn’t appreciate him imitating him and taking his million dollars to boot! Johnny Depp is my favorite actor and he has disappointed me greatly for supporting the WM3.

  27. vicki says:

    You tell em Blink :-)
    You talk logic and makes sense.
    I`m just checking in and reading up.

  28. Lucy says:

    “The point being, the evidence, in its current form, still leaves a shred of doubt, if it didn’t, the State would have certainly “continued the fight” to keep the three behind bars, at the very least, to prove that they weren’t wrong in the first place.”

    I really don’t think Ellington’s bizarre handling of the case proves that there’s reasonable doubt. It’s already been talked about, but I gotta mention it again… From all the false information that’s come out of Ellington’s mouth, it’s clear that he: A) doesn’t know the case and/or B) had ulterior motives. Well, actually, we already know A is true, since Ellington himself admitted not acquainting himself with the case properly. The only question is whether there’s any truth to B.

    I’m not saying Ellington clearly being incompetent proves that there ISN’T reasonable doubt (I’ve got other arguments for that). But it certainly doesn’t prove that there IS, either.

  29. jack dobson says:

    Well, the ever valuable Callahan’s has posted the plea bargain agreement: http://callahan.8k.com/pdf/de_jb_alford_plea.pdf

    Of special interest is the terms and conditions. Note that Jason Baldwin and Damien Echols cannot associate with other known felons, per usual, but can associate with one another. I cannot begin with how rare this is.

    Sometimes, if a parolee or probationer has a family member, significant other, or business associate/employer who is a convicted felon, it will be negotiated that being around that person doesn’t violate the terms and conditions of release.

    But what do we have here? Two childhood friends who committed a murder together and then were behind bars for 18 years. What possible basis is their for this special term? Let me suggest one. Joint appearances on television and in front of audiences to pitch books and movies.

    And Ellington, as clueless as he is, agreed.

    This is sickening.

    I had a conversation yesterday with the aide of a supreme court justice of another state. It was what I will characterize as a “Am I effing nuts or is someone else” meeting.

    It is not me, it is not you, this is, well, against the Supreme Court Order and if it happened in this “Honors” state they would be seeking the remedies you and I discussed.

    Pick your conviction, Pick your sentence, pick your party, pick your pitch.

    Never mind the ditch.

    I guess I just wrote the slogan.

    If you have not read it, as I traveled last week and am due to next, I will be finishing up Mark Fuhrman’s book The Murder Business. Interesting and relevant conversation about the media and entertainment roles.

    I guess you have determined Miskelley is not on the junkett.
    B

  30. A Texas Grandfather says:

    I am thinking that Blink’s leatherman is a “juice” with purple handles.

    I too have a pen oiler that I keep loaded with WD-40 to oil small places. I buy WD-40 by the half-gallon. Just keep the WD-40 away from the internals of locks. Powdered graphite is what is used there.
    So Blink is a gadget girl from childhood. Girls can do anything that a guy can do regarding things and sometimes better.

    Mom3.0

    The reason I mentioned the interest in plants and animals is that the boys, at least one, were into Cub Scouts. I agree that they could very well have been playing “cops and robbers” or other games boys play at that age.

    Lol, no, I own the exact one I linked, I do not do girly tools. I got caught reorganizing my Dad’s workshop last time I was there and I have been banned. I am going to tackle the one in the garage this weekend when he is not paying attention. Heh Heh.

    Sorry for the O/T, been a rough week in the casework area and no, I am not thinking about a tool blog, lol.

    B

  31. vicki says:

    @Lisa Allen says:
    Thanks yes i remember reading that also.

  32. A Texas Grandfather says:

    If the water was indeed 60 degrees, then Bryan Ridge did not stay in the water the whole time. He would have needed a wet suit. This is just more of the confusing information we have. The diver at the pond had on a wet suit.

    There are so many gaps in the investigation to overcome.

  33. Dr. Pepper says:

    B-

    I’m on Facebook and pretty sure in the “people you may know” column on the left, I see-

    Jesse Misskelley

    Wow

  34. Mom3.0 says:

    TGF
    “There are so many gaps in the investigation to overcome.”

    I agree- & thanks for clarifying your thoughts on the possibilities of the little guys playing games in the woods-
    —-
    I do not claim to know the laws that you all are discussing…- but I would think that the terms of the plea deal as it pertains to DE and JB might have to do with the fact that they were tried together- therefore they can associate with one another-
    JMO

  35. Mom3.0 says:

    Blink you asked-

    “who really believes these chaps would have pled out 3 months shy of what undoubtedly would have won them a new trial, and likely, their freedom without the whole murder convictions thing hanging over their heads.”

    – Well i try to answer that….considering how we are all here debating and rehashing all the evidence and all the testimony and questioning everything..and many of us have yet to make up our minds- I would think the fact that these 3 were convicted on this evidence, which I and others think does not exceed the reasonable doubt threshold…it is not hard to imagine that the lawyers and the 3 were scared to death that even if they were granted a new trial, they would get a jury that may choose to see it the same way…so they went for the alford plea-

    and seeing how we all here have been questioning the gaps in L’sE handling of the case and the evidence in storage ect ,and the states case ect- I would think the state was afraid that they may lose when/if the case finally came through the docket..possibly years down the line and much money spent…

    AJMO

  36. jack dobson says:

    @Blink, bold, 26:

    I’m not even certain Jessie is electrified at this point.

    If I were an ASSC justice, there would be a sua sponte writ to a local prosecutor and some defense petitioners coming to a theater near them real soon.

    This is what I was loosely referring to exactly.
    B

  37. CC from MI says:

    Hello all! It’s me again. Since I seem to have started this side debate on the WM3 swimming in the 60 degree water before the victims showed up, per Jesse’s post-conviction, 2/4/94 “police car confession,” let me reiterate my point. Is it POSSIBLE to lollygag around, presumably fully dressed, in cold, muddy creek water for the heck of it? Yes. Similarly, is it POSSIBLE that Joshua Powell took his toddlers camping in a snowstorm? Yes. But we don’t believe Mr. Powell because his story is inherently unbelievable, right? Now I can tell you about climbers on Mt. Everest in tents in blizzards, but that doesn’t make Powell’s story more believable, does it? Crime scene investigators may have to search that cold, muddy water, but that doesn’t make it logical that anyone would choose to luxuriate in it as Jesse described.

    Now I don’t know why Jesse continually confessed, yet refused to take the stand against the other two. Ottis Toole and Albert DeSalvo (the Boston Strangler) supposedly confessed repeatedly to crimes they did not commit. I think there’s a fair chance the WM3 are guilty. I also think Blink has proved they were killed at the scene. And I don’t think one man could have done it alone. But in light of the questionable nature of some of Jesse’s facts, I will need compelling evidence to be comfortably sure. I await Part III…

    Very fair, well said.
    B

  38. Lucy says:

    ATG, I’ve asked upthread – isn’t 60 degrees the border value for potential thermal shock? So if it’s on the very border, is it really true that nobody can stand it without thermal shock for longer than 5 minutes? I’m not disputing what you’ve said about the water – I don’t know enough about this – just wondering.

    Anecdotally speaking, where I live some people go swimming in the winter, it’s especially a tradition on New Year’s. I’ve been to several such “events” (never entered the water, though), and, from what I’ve seen, most swim for about 5 minutes or under, but some stay in the water longer than that. Everyone seems fine (even enjoying themselves… which I personally don’t get, lol). I’ve just googled, and the winter temperature of the water here appears to be about 55 degrees.

    P.S. Blink, seems I’ve got a comment from 3.58 pm stuck in moderation?

  39. Mom3.0 says:

    Lisa Allen I just read your post about your love of johnny depp- I dont know if it will help you to get over your disappoint of him but he is still a good guy- he recently granted a wish to a teen girl who is suffering from cancer, along with her brother, who donated his marrow to save her life. I tried to post the link but it wouldnt post just google depp grants wish- if you want to rad up on it

  40. Lucy says:

    CC from MI,

    I get what you’re saying, but to me, drunk teenagers jumping into a dirty ditch is far more plausible than a man taking his toddlers camping in a blizzard.

    It certainly seems somewhat odd, but, when I think back to all the stupid, unnecessary, illogical things I/friends/acquaintances of mine have done wasted, it doesn’t seem all that implausible at all. Just as an extreme example, I’ve got 2 high school friends/acquaintances who, on separate occasions, just went out to get drunk with their friends and ended up doing things so incredibly and tragically stupid that they ended up permanently disabled. And these weren’t car accidents, these were both results of weird and random actions that never would’ve occurred to these people when sober (rather not get into the specifics). When it comes to (thankfully) less tragic but (from a sober perspective) bizarre and ridiculous escapades under the influence, there’s just a myriad stories.

    Not saying I don’t find Jessie’s changing of this aspect of the story, or the way he relates it, weird. But just the act itself of getting into the dirty water… the more I think about it, the less implausible it seems to me.

  41. Lucy says:

    “Now I don’t know why Jesse continually confessed, yet refused to take the stand against the other two.”

    Well, Jessie had a huge problem with confessing his guilt in front of his dad (although I have a feeling Big Jessie knows his son is guilty). Back then, he would maintain guilt to anyone else, but claim innocence in front of his dad. So I think that’s part of it (the start of it). But I think Dan Stidham had a huge role in Jessie not testifying against the other two. Just speculating here, but I think he might’ve gotten excited when HBO rolled into town. Just taking a deal is no way to get famous.

  42. krayon says:

    @ Jack Dobson

    “Of special interest is the terms and conditions. Note that Jason Baldwin and Damien Echols cannot associate with other known felons, per usual, but can associate with one another. I cannot begin with how rare this is.”

    INDEED. (good point Dobson) Even co-defendants who are married & have children have a problem with this rule, family members as well. They have to jump through all kinds of hoops to get approval and they’re lucky if they get it.

  43. GraceintheHills says:

    39. Lucy says:
    September 21, 2011 at 9:54 pm
    ATG, I’ve asked upthread – isn’t 60 degrees the border value for potential thermal shock? So if it’s on the very border, is it really true that nobody can stand it without thermal shock for longer than 5 minutes? I’m not disputing what you’ve said about the water – I don’t know enough about this – just wondering.
    ~~~~~~~~~~~~~~~~~~
    @Lucy: You are using the term thermal shock but are you talking about hypothermia? The following is a link to an article that explains hypothermia that can develop in cold water.

    http://www.seagrant.umn.edu/coastal_communities/hypothermia#who

  44. krayon says:

    re: the 60 degree water thing

    The whole “cutting off a penis” thing really seemed to get to him. Whatever Echols & Baldwin did or didn’t do (peeing in victim’s mouths, etc) I don’t think Jessie watched with much enthusiasm so details wouldn’t be accurate. I think Jessie emphasizes the homosexual stuff between Damien & Jason as a way to insult them and distance himself from them further. (guys do this sometimes)

    The water, bobbing up & down stuff might have happened on a different day. The awkwardness of seeing it might have just stuck with Jessie and so he threw it in when he had the opportunity.

  45. GraceintheHills says:

    Lucy says:
    September 21, 2011 at 10:22 pm
    “Now I don’t know why Jesse continually confessed, yet refused to take the stand against the other two.”

    Well, Jessie had a huge problem with confessing his guilt in front of his dad (although I have a feeling Big Jessie knows his son is guilty). Back then, he would maintain guilt to anyone else, but claim innocence in front of his dad. So I think that’s part of it (the start of it). But I think Dan Stidham had a huge role in Jessie not testifying against the other two. Just speculating here, but I think he might’ve gotten excited when HBO rolled into town. Just taking a deal is no way to get famous.

    ~~~~~~~~~~~~~~~~~
    Just my opinion, but Jessie strikes me as an extremely unreliable and unpredictable witness. Period. He is the type of witness that prosecutors dread putting on the stand. Can you imagine how his cross examination might have gone with all those leading questions? God only knows what imaginary or embellished paths he could have followed, what rabbit holes he could have disappeared into, and what tales he could have spun. He could have spontaneously come up with even more illogical details and could have irreparably harmed the prosecutor’s case. I think had he testified the DE/JB trial would have been even more of a circus than it was.

    As for why someone would give a false confession multiple times, particularly for a crime of this magnitude: For most of us, we cannot imagine we would ever confess to a crime we didn’t perpetrate. Yet, some individuals DO indeed give false confessions, and many of these confessions are far more detailed, more consistent, and corroborate the evidence. Motivations vary, but the common thread is some sort of secondary gain. Too tired to go into that now, but may do so later.

    Night, Blink and all you wonderful Blinksters!

    I agree with you in part Grace-

    INCONSISTENT, yes. Unreliable- I am not sure given the right prosecutorial strategy, like say, placing a bible within site of the witness, that an effect direct/re-direct could not be accomplished.

    As it were, this did not even matter as it relates to the upcoming evidentiary hearing. They did not need Jesse to testify, just his statement to his lawyer, and likely his deposition and his statement to his lawyer for the Baldwin/Echols portions. Imo, that hearing, which was burdened as to whether or not the evidence considered within would likely grant an acquittal if it were tried today, would never have reached that threshold.

    One of the things I think everyone agrees with regardless of personal stance on guilt or innocence in this case, is that a TRUE outcome was never achieved as is warranted by the constitution of the US for due process, and the Arkansas Supreme Court’s duty to uphold same.

    D I D N O T H A P P E N.

    That should frighten folks for the cases to come. I am not getting the blind eye treatment of that.

    B

  46. Lucy says:

    GraceintheHills, I’m definitely talking about thermal shock. But thanks for the link =)

  47. Lisa Allen says:

    @Mom 3.0, thanks for your encouraging words about my beloved Johnny Depp. I know he’s a good guy and that he must have had good intentions in supporting the WM3, even if he was misguided. I would be glad to personally meet with Mr. Depp to show him the errors of his way. I’m sure Blink can set that up for me. ; )

    I agree with you that Mr. Depp was well-intentioned, I don’t doubt Eddie Vedder was either.

    You have not heard a peep out of one of the two, jus’ sayin.
    B

  48. lizzy says:

    “30. jack dobson says:
    September 21, 2011 at 8:01 pm
    Well, the ever valuable Callahan’s has posted the plea bargain agreement: http://callahan.8k.com/pdf/de_jb_alford_plea.pdf

    Of special interest is the terms and conditions. Note that Jason Baldwin and Damien Echols cannot associate with other known felons, per usual, but can associate with one another. I cannot begin with how rare this is.

    Sometimes, if a parolee or probationer has a family member, significant other, or business associate/employer who is a convicted felon, it will be negotiated that being around that person doesn’t violate the terms and conditions of release.

    But what do we have here? Two childhood friends who committed a murder together and then were behind bars for 18 years. What possible basis is their for this special term? Let me suggest one. Joint appearances on television and in front of audiences to pitch books and movies.”

    __________________________________________________________

    hi jack, first a brief editorial comment regarding your subsequent post, below. When you reference a post, it’s a big help if you include the time, not just the post number. Post numbers change. I think maybe this one was #26 when you referenced it, but is 30 now.

    ___________________________________________________________

    Now to my real questions, and thank you for posting the link to the plea bargain agreement:

    Arkansas law is such that these two who pled guilty to first-degree murders of three little boys can now PROFIT from it??????????????

    So the deal is worked up front so that these two can hang out, and Misskelley is not allowed anywhere even near them on penalty of returning to prison?

    How long do they have to become gainfully employed or students?

    ______________________________________________________________

    “37. jack dobson says:
    September 21, 2011 at 9:41 pm
    @Blink, bold, 26:

    I’m not even certain Jessie is electrified at this point.

    If I were an ASSC justice, there would be a sua sponte writ to a local prosecutor and some defense petitioners coming to a theater near them real soon.”

    ___________________________________________________

    Finally, please translate “sua sponte writ.” Thank you! lizzy

    lizzy is Jack does not see this, please re-post for me, excellent questions
    B

  49. Julio says:

    I find it difficult to accept that on May 5, water temperature in a drainage ditch would “only” be 60 degrees. Frankly, the first time I read that (on Callahan), that number jumped out to me. I’m curious about how that was actually determined.

    If we were talking about a natural spring, with flowing water, then I’d be inclined to believe 60 degrees…but that is not the case for 10-mile Bayou. This bayou snakes through the entire city of West Memphis. At one point, it was literally in my back yard at one house in which I lived. The water in 10-mile Bayou does not normally flow unless there has been heavy rain, as it is basically a drainage ditch. The norm is stale, stagnant water…which warms up much more quickly.

    The average high temperature in West Memphis in late April and early May is between 78 and 80 with average lows above 55.

    I grew up in the region, and as a kid, we played in woods all the time. We’d fight imaginary wars, play hide and seek, and yes, swim in ditches and creeks. Now, I’m older than the 3…but not by more than 10 years, so I’m going to assume that similar things were available to them, (shockingly I never slaughtered any animals).

    All that is to say this: based on my personal experiences, I find it extremely unlikely that the actual water temperature was a mere 60 degrees.

    That’s simply my 2-cents.

    I agree to this, and just as an aside, this water is a drainage ditch or creek that feeds into the 10 mile, it had very little current if at all and direct overhead daylight sun. ATG made a good point about Bryn Ridge being in it for 45 minutes, and walking the length of it.
    B

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