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
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@Blink, bold, 47.
You know, of course, I skipped right to the 78-minute mark.
I really, really hoped this guy was corrupt. As it is, “uninformed” encompasses more than case knowledge. Ellington doesn’t even realize that the defense would be disbarred if they sent him untested “evidence” that might turn out inculpatory. It doesn’t even cross his mind that the stuff he gets is going to point toward the Nuevo Real Killer Deluxe.
McDaniel had better get his Fredo into a bass boat on Lake of the Ozarks pretty damned quick because if he continues to run his stupid mouth, Ellington is going to talk the SAG right into a disciplinary hearing.
I knew something was wrong with McDaniel after a friend informed me that after an eloquent argument against an evidentiary hearing and the ASSC’s grant of one anyhow, it was brought to the SAG’s personal attention the high court had misinterpreted the statute. Nonetheless, McDaniel opted not to petition for a rehearing within the statutory time frame. I chalked that up to misplaced confidence at the time.
No more. Sir Peter Jackson didn’t mix up McDaniel with Ellington as I once thought.
Now admittedly Ellington represents the State. From the link you provided:
“Prosecuting attorneys should confer with the victim of the crime before amending or dismissing a charge or agreeing to a negotiated plea. However, failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement.”
But does that give him the right to go into a pro-defense forum days after what had to be painful for, at a minimum, Moore and Branch and discuss the intimate details of those conferences? Hell no. It may not breach client confidentiality but it casts a bad light on the profession.
I didn’t even toss my cookies. I was too transfixed by the surreal atmosphere to notice the nausea.
Well, to your point, I did learn that Byers is a nicer and calmer guy than he (SE) has seen on the Tevee ( yes snark spelling, sorry).
He did adjust his comment on their guilt from the 8/19/11 press conference. He now says there was sufficient evidence to convict them and does not feel the obligation to numerate the “why” as his personal opinion given the outcome is.. ( I admit, I trailed off myself so it was BS blah)
I cannot fathom a scenario where Ellington’s first “suit up” in this case in his big 6 month tenure, gives him enough *fortitude* to reel this in without the deadliest catch team coaching ( as long as we are still entertaining fishing and boat analogies) .
Who was the chummer and who was the chummee- and then what?
Maybe we don’t get it, that audience was clearly supporters.
B
“I find it very interesting that supporters will not go near the validity of the “finding” of the ice axe and the analysis of it’s use as a probable weapon in this crime. No adverse facts or evidence to a syllable of our findings. Not even to say, told you, cops boned the case and did not present the axe, instead they hung their hat on the knife even though their own experts would not say for sure it was used.
Nobody is touching it.”
I think it’s an absurd suggestion. I’ve viewed the autopsy photos and find your claims about an ice axe being used, to be foolish. I highly doubt you can find one medical examiner in the US, to validate your claims.
Really?
which ones?
They have a master file meta code, it will only mean something to me, so please share your reference.
What specifically do you find contradictory or objectionable, which wounds on which victim?
What measurements of scale are multi-interpretive?
Knock it off already, there are no idiots here.
Back under the bridge, or pipe, as it were, you go.
B
What are you DOING Blink????????? In here commenting & having a good ole time whilst we sit ever so patiently waiting for Part 3.
You’re killin me girl – you’re killin me.
~grin~
O you have no idea what this day brings.
Wear your pretty quiltie thing and let me work, lol
B
Oh B….ya gotta let me have that comment. It’s killing me! Ignorance deserves a heckle or 2, no?
Hi Blink, I’m really sorry but I think you are really stretching the facts and sensationalizing on a lot of stuff about the case…You haven’t seen actual crime scene or autopsy photos as I have and I know you are postulating your theory about the bodies from the opening scene of PL1. Even nons are doubting you…Goodbye!
Why is it when I don’t agree with you, I take the time to meticulously respond to you and point out YOUR errors in whatever resource for information you have, I am some sort of fraudy-pants?
Dude- in the beginning of my review in this case, I absolutely leaned to a dump site scenario.
Reviewing the injuries, wound patterns, case file, and every single expert opinion over the last 18 years and there can be no doubt these boys were ambushed and murdered right there.
B
PS…is my avatar a blue circle with a line through it? It shows up besides everyone’s post.
no, it is a cool pink?
B
“Really?
which ones?
They have a master file meta code, it will only mean something to me, so please share your reference.”
In spite of the fact that reading the autopsy reports is enough to contradict your theory, here are a couple of file codes for you – MEA 329 93 – MEA 330 93 HVP and so on.
“What specifically do you find contradictory or objectionable, which wounds on which victim?”
You tell me which wound fits your ice pick pattern. The 1/8th inch deep pokes on Stevie Branch’s face? The gashes that don’t penetrate the bone on poor Michael Moore’s head? Were the victims lying perfectly still while being hacked with the pick? Or were they trying to avoid the object?
“Knock it off already, there are no idiots here.”
Again, what are your credentials?
Lol, you are intent on making a fool of yourself, apparently the meta data codes are not in the documents so give it up already.
Gashes? Is that a medical term? I can assure you it is not, and is NOT used to describe the wounds on J. Michael Moore at any time. The child had 8 fractures on his little noggin, some of them as large as 2″.
They are a combination of BLUNT sharp/chop wound inflictions, you may be familiar, it is actually a defense expert that deftly covers this.
It is not my burden you do not follow posts nor will I be your speak and say when you pull my string.
We get it. Next time, your going to need to bring demonstrative aids, this is a non-slacker zone.
O, and my credentials are- I am a senior slinky tester. Next month, we start alloy tests for hypoallergenics, free base slinky, flood survival slinky, ranch home slinky without a basement slinky, it is truly riveting work.
All about the slinky all up in here.
B
B
I just saw your “credentials” blink34. That explains quite a bit.
By the way, I have the autopsy photos saved to my PC so if the official file numbers are not sufficient, along with the universal term ‘gash’ so be it. Given you’re a sticker for proper terminology, I don’t recall “chop” being used in the autopsy reports?
Here is a portion of what an actual expert John Douglas has say on this case.
http://www.commercialappeal.com/news/2010/nov/07/profiler-convinced-innocence-west-memphis-three/
“When defense attorneys for Arkansas death row inmate Damien Echols asked Douglas, now a private consultant, to analyze the 1993 murders of three 8-year-old West Memphis boys, he put them on notice. He would accept a consultation fee, but his opinion couldn’t be bought. He would be blunt and unyielding — even if he concluded that Echols and his co-defendants, Jason Baldwin and Jessie Misskelley Jr., are appropriately behind bars.
Ultimately, Douglas became convinced of the innocence of the so-called West Memphis Three, all teenagers when convicted in 1994.
“What I do know is that there are three teens who are now in their 30s sitting in prison who don’t belong there,” Douglas said during a recent interview. “It really disturbs me.”
He said he has several reasons for believing a lone killer has gotten away with murder.
In 2007, he trekked through the crime scene, examined police and autopsy reports and crime scene photos, and interviewed several people, including relatives of all three victims.
He had dreaded approaching the parents. As he drove across the bridge from Memphis toward West Memphis, he remembers thinking: “They’re going to kick me in the pants and kick me off the porch.”
One victim’s parent, John Mark Byers, restricted Douglas to the porch for hours before trusting him enough to allow him inside. Byers now admits he didn’t want to believe the real killer was still at large.
Douglas went over all of the evidence and his findings, and now Byers, who once shouted for Echols to go to hell, is one of Echols’ supporters.
Prosecutors still contend that Echols, then 18, Baldwin, then 16, and Misskelley, then 17, teamed to sexually abuse, beat and mutilate the boys, whom they didn’t know, in a planned satanic ritual. The medical examiner has testified that Christopher Byers bled to death after being sexually mutilated, while Stevie Branch and Michael Moore drowned.
Defense attorneys have since consulted with five medical experts who say the boys were not sodomized or stabbed and, instead, animals had torn at their bodies after they were tossed into a muddy reservoir. They say all three boys were struck in the head, causing lethal skull fractures, and two of the victims drowned.
The victims were naked and their wrists were tied to their ankles with their shoe laces. Their clothes were hidden in the muddy water, wrapped at the end of large sticks — something Douglas believes shows criminal sophistication, not teenage impulse.
Douglas believes a lone killer — someone the boys knew — attacked them in a fit of rage.
He believes the murders were unplanned. His theory is that the killer didn’t feel respected by his boss, his co-workers, his wife or his children, and then the victims didn’t respond to his orders — unleashing a mounting and powerful rage.
“I think the anger was from the kids not following instructions,” Douglas said.
The afternoon of the murders, Christopher was supposed to be at home picking up trash in the yard. Michael was due at home for supper at 6 p.m. Stevie was told he would be grounded if he wasn’t home at 4:30 p.m. But all three were seen riding their bicycles as late as 6:30 p.m.
“This is not a sexually motivated crime,” Douglas said. “This was more of a punishment, a degrading act to teach a lesson.”
He believes it would have been easy for an adult, a figure of authority, to control three kids. Once they were made to strip, they would be reluctant to run.
And once they were tied up, there would be no escape.
He believes the killer used the butt of a gun or end of a closed knife to strike the boys in the head.
“Perhaps one of the kids was struck too hard and would go home and tell,” he said. “Now you’ve gotten to the point of no return.”
Douglas thinks the killer has a violent history and likely feels no remorse. According to Douglas, he is a skilled liar, who has justified the killings in his own mind and would pass a lie detector test with ease.
Douglas has a suspect in mind whom he believes merits further investigation.
“I feel certain” that it isn’t Echols, he said. “That’s the easy part. The hard part is getting the perpetrator, getting the evidence and convicting them.”
/snip
See more at the link above.
Douglas’s complete profile can be found here:
http://paradiselost3.com/index.php?topic=205.0
In all seriousness, I respect your passion for justice. I just think you have this case terribly wrong.
ok, I don’t know what you think insulting me is going to accomplish, but anyhoo- I get that for some reason when some folks don’t agree with me I am a complete dipshit- but let’s agree if that were true you would not feel compelled to discredit me and I have countered and re-countered every objection.
JD is a mentor of mine, and I am a fan of his work, and if you followed mine you would already know that I have addressed this. He is considered one of the best and brightest ever by his colleagues ( I just completed some coursework last year via Roger DePue) and I simply disagree with him.
This would have been a load easier if I had, believe me.
B
“all about the slinky”
I’m sitting here in the dark trying to be quiet and you have me busting up laughing. I’ve got such a girl crush on you right now…lol
Coffee….more coffee.
Born/raised here in AR.
Did you see where the program was being held?
The Clinton School of Public Service
He thanked Skip Rutherford at the beginning on the program. Skip runs the school & used to be Bill’s right hand man.
The AR Times is an oober left wing (well I don’t know about oober but I wanted to say it) weekly newspaper. Or an opinionpaper.
McDaniel’s a democrat too if I can recall, ad is Mike Beebee the governor.
Not saying this has anything to do w/ party affiliation.
Just pointing out similarities of those involved.
-
Ellington is a creep.
It’s one thing to make a deal of this kind (even if it’s dustin’s diry work) but to go & speak at this forum? And speak so non chalantly about informing the parents, making it clear they didn’t have veto power
What an asshole.
What other prosecutor have you ever seen do anything like this? Q&A forum w/ the defense…wtf???
And everyone in AR “democrats are cool” the media, local media love this crew. Brings big celebs in town. Arkansas is run by a group of dems that people love. No ones gonna question it. Just another thing to blame on Hillary & Bill lol.
But seriously, ellington is such an a hole!!!!
My post above was said with all due respect & love for the Democrat Party. But I just know the connections, it’s a crew. I’d call em a group of repubs if they were.
Jack- love me some dollar tree. FYI- the eyeglass wipe cloths Are worthless (shocker!)
But their knock offs of Mr Clean Magic Erasers are awesome. Oh & love the as seen on tv isle as well!
Blink, this is riveting. I’m wondering if any of the celebrity supporters have read this piece and could drop the ego enough to admit they may have made a mistake? Keep up the good work.
I heard Depp backed away, but no confirmation on that and I doubt highly anyone that supported them publicly is going to say.. Hey see what my celebrity can do..
Thanks al, as an aside, I do not like how angry this case makes me, it is messing with my chi.
B
I totally love slinky’s…good answer. I’ve got a lot of catching up to do, work is getting in the way of my following this board…gotta eat though, not to mention buy the grandaughter all those little pretty’s I see everywhere.
“all about the slinky”
Sharing the girl crush… seriously enjoying a much needed laugh!
1. jack dobson says:
September 6, 2011 at 10:30 pm
“transfixed by the surreal atmosphere”
Exactly. And I had noted that I would have sworn it was a hoax; it seemed phony from the earliest minutes. Somehow, out of time and place. Like one of the studio recreations of the moon walk, set up to show the original had been a hoax.
The only thing keeping it set at all as a real “forum,” as opposed to a pure publicity piece, was that it was co-sponsored by the Clinton School. But did the right people there know just what they were sponsoring? Or perhaps did it get in through a student group? (As a student, I worked with the student-run speakers forum, and we did all kinds of controversial things, and got into a little hot water with the administration now and then. But we still had a pretty free rein.)
@ Baglady- If you look at the picture of the wound to Stevie Branch in The West Memphis Three Series Part I, it is obvious to me that the ice pick fits the wound pattern. If you don’t see it that way, that is your perogative. We are all capable of reading, researching and coming to OUR own opinions. Aren’t you beating a dead horse anyway? They are free. And surely with the millions they have received, they are going to provide us with the “smoking gun” to prove their innocence real soon. On another note, I can’t wait to see what my avi is. LOL
lol, could you see it prior to moderation or not until I posted you?
B
@Blink, 1, bold.
I muddled through the whole thing. The predictable pap, chock full of propaganda, lies and misinformation, is to be expected by anyone who has followed the case and is familiar with it. The only person on the panel of interest to me was Ellington, largely because he has been so influenced by the propaganda, lies and misinformation or, as he admits, no information.
I would have loved to have seen McDaniel up there as, to use my last such analogy, a fish rots from the head up. I will give the puppetmaster this much: he knew to avoid this freakshow. McDaniel is a huge disappointment because he admirably worked to uphold these convictions just to avoid this very scenario and folded for reasons that likely won’t bear scrutiny. I don’t know whether Ellington is his Fredo or Chauncey the Gardener upon final viewing.
@8, Dr. Pepper.
I agree fully about the cavalier discussion regarding the family notifications. Ellington statutorily is recommended to confer with family members. What he isn’t required to do is reveal intimate details about those meetings. This aspect sickened me both times I watched it. Ellington gave more time to a mixture of the well-intentioned and outright lunatic supporters than he did to Todd Moore, Steven Branch, and even Mark David Byers, on whom he apparently developed a man crush.
You obviously don’t like McDaniel’s politics. If he does run for governor, I would keep a sharp eye on who donates to him. I wouldn’t rule out Mara Leveritt pumping some of her blood money residuals into the campaign.
I’m looking to Blink’s third installment as that clip, the theater of the absurd, is a pretty good summary of the machinations that allowed three child murderes back on the street.
Ellington called Todd Moore- Michael Moore 3x. I hope he did not watch it.
This is the epitome of a lame duck situation, these poor little guys.
B
Regarding: jack dobson says:
September 6, 2011 at 10:30 pm
Though I may be way off in left field here, I still have to say this, sickeningly speaking from what I perceive to be an Ellington perspective – of what “benefit” to Ellington might the victims, be?
How will any of the deceased children or their grieving families bolster his political ambitions? Have they fame? Have they fortune? Have they such an audience of faith-filled followers who would deam every word spewed from their mouths as truth, be it so or not?
Which reminds me, where are their deep pocketed bullhorns that might rise up before a starstruck audience in defense of THE VICTIMS and the EVIDENCE, or their still grieving, victimized, families?
Where are the Terry Hobbs and the Steve Branch champions who would better be heard were they to demand that the truth, the whole truth and nothing but the truth be told? Is there not even one? And not even Ellington.
It scares the crap out of me to think that Echols, for one, might even be pardoned! What evidence is there that would determine he is not nor has he ever been a menace or a threat to anyone, and could not have committed the crimes for which he was accused?
I spent an entire night reading through the Callahan 500 and was further enlightened.
This is indeed all about pocketbook politics and popularity, in my opinion. It isn’t about truth or true justice, not for Chris, Stevie and Michael. Not for Steve Branch or Terry Hobbs. Hollywood has found yet another cause to fight and fight it well they will, having the resources to do, in possessing both fame and fortune, and many are they who will jump on the band wagon (Byers) or who won’t dare to rock the boat (Ellington).
A bit back, Blink, you said that you have yet to decide whether Ellington is a lion or a lamb. I would suggest that he’s neither. He’s a skunk, and he stinks to high heaven, governing his actions toward all that might be of a benefit to him, in the long run, without giving so much as a thought to Stevie, Michael and Christopher. But that’s just my opinion.
No pink here
Mine looks like a blue circle with a line through it. Very strange….
Speaking of slinkies…nah…I’ll leave it alone. Major catching up on the links. My net has been down since late last night. Boo hiss boo.
Ellington and friends have got to be crapping in their knickers right about now.
@Morgan, 18.
Actually you are spot on. Bear in mind that while Ellington’s political fortunes likely took a hit, he most assuredly will find a nice, cushy corporate job once he abandons his flock for the long haul.
@Blink, bold, 17.
I cringed when Ellington referred to Mr. Moore by his son’s name. Ellington obviously doesn’t know, to use an old mountain collquialism, straight up from slantin’. I truly hope Mr. Moore didn’t watch it.
I had not seen this
http://www.yourprosecutor.org/
snipped from above:
A 2010 Arkansas Supreme Court ruling brought to light the very real scenario that each of the defendants could likely receive a new trial. I believe that allegations of misconduct on behalf of a juror in the Echols-Baldwin trial would likely result in a new trial being ordered either by the circuit court or federal court. I further believe it would be practically impossible to put on a proper case against the defendants in this particular case after eighteen years of extended litigation. Even if the State were to prevail in a new trial, sentences could be different and the appeals process would begin all over again.
This is in direct contradiction to what Patrick Benca said at the “Town Hall Panel”.
I will step over the horse now.
B
It showed up while I was in moderation. I’m soooo happy. I love green!
Great work Ms Blink. I have needed several days to digest all you provide in Parts I and II, and only have two questions at this point:
1. What do you think caused the psuedo bite mark with the “X” in the middle on Steve Branch’s forehead?
2. Do you believe the rectangular edge on the head of the ice axe caused the skull fractures? You have seen the autopsy photos (an ordeal I am glad you spared us) and I wonder if you saw any injuries on the scalps that might have matched this edge. Thanks again for all you do. Eagerly awaiting Part III.
I think it could be either a belt buckle, or what I personally believe could be the circular hole at the top of the axe where one knots a rope to create a strap. If you notice the descending “irregular’ marks with separation and the cut as the brow descends from an irregular surface and the potential this axe was used to cause that wound with the outside of the bowed edge it makes sense.
I absolutely believe the scalp wounds were caused by the blade edge, causing more fracture than laceration as it is a sharp force or chop tool, depending upon the sharpness of that blade. It is VERY difficult to see but I will try to get a better image of it, it is more beveled than sharp.
B
@CJinTX — thanks for the link to the article about Steven Branch’s vow to fight. Todd Moore is joining forces — he stated yesterday on the Hoax board (mikespadre) that he’s tracked down Steven and is setting up a meeting.
http://www.downonthefarm.org/wm3hoax/board/index.php/topic,10734.0.html?PHPSESSID=9c27533009163797b53a1738e69cefee
I hope you don’t mind that I go off topic for a bit, Blink and Blinksters, but I’ve been thinking hard about Mom3 this morning. She hasn’t posted much and this concerns me. I hope she’s busy researching and not hesitating in posting. Having shared her perspectives in my inability to decide between guilt or innocence, I so looked forward to her comments, which were so many more than they seem to be now, so should she be reading this I just have to say, I miss you Mom3!
Part II of Blinks series sent me reeling. The actual existence of an ice axe and its possible use in the murders made me like this maniac. I had to know more. It wasn’t the ice axe that did it for me though. Nor was it so much the plausible premeditation of a mind so deranged as that of Echols who, himself, is a victim or too many horrors which no doubt warped him. It was the blue wax I found shimmering on the cover of a book and on Michael Moore’s Boy Scout shirt that was “similar” to that of candles found in Echols’ room that did it for me, along with the psychological evidences available in the pages and pages of Callahan’s 500, but mainly the wax.
Such blue wax could not ever be mere coincidence, and too, for me, the wax was the missing link. It was the one thing I was looking for but never finding that might connect the three to the murders, and there it was, poured all over the psychological profile of Echols, and his many indirect admissions to his involvement in the occult. It so sticks to me now that it might as well have been poured all over me, for there was a time when I was involved in the attempts to pull youth out of the occult. I needed to see candles. I needed to see wax. I needed to see bloodletting and consumption that would pale the abusive history, tirades and sheer madness of Byers as he presented himself at the time, and there it was, strewn between the practicing psyche of Echols and the crime scene.
So do I owe Byers an apology?
It just feels like the three little ones that left the earth way too soon are being lost. Where are all the celebrities for them??
Hats off Blink!!Keep up the good work!!
Ragdoll you’re pink.
I really hope those two get together. Maybe they can setup a charitable organization to raise money in order to publicize ‘the rest of the story’ as Paul Harvey used to say. Crusading celebs and intellectuals have a long history of supporting convicted murderers. They share three things in common in these cases, deep pockets, access to the media, and gullibility. Needless to say, it burns my arse.
jack dobson says:
September 7, 2011 at 8:55 am
“I strongly believe that the interests of justice have been served today.”
The man’s infuriating!
“In light of these [circumstances] I decided to entertain plea offers that were being proposed by the defense.
The only circumstances he should have been entertaining, as I see it, are the following:
- “Damien Echols, Jason Baldwin and Jessie Misskelly Jr. pled guilty to the murders of Stevie Brnach, Christopher Byers and Michael Moore”.
- After “eighteen years of extended litigation” the accused were still found to be GUILTY as charged. So, why are they free, exactly? Don’t answer that. I know what it is, and it’s ludicrous at best.
Thank you, Jack, for being here and adding so much to the discussion!
@Jack
I dont know enough about McDaniel to form an opinion. Honestly I only watched the 1st 20 minutes and I was basing my comment on the location of the forum , Mara, her paper and Echol’s attorney discussing his lunch w/ law school buddy McDaniel.
I’ve actually witnessed and benefited personally (career wise) from knowing people connected to the Dem party of Arkansas. I choose no sided politically as I was groomed in the non-biased journalism world. I see it and call it and everything objectively. It’s just fact that the decision makers in this case happen to be in the elite brotherhood of the Dem party of Arkansas. Nothing against dems. Just a reason they’re all associated. Make sense?
B-
Is there a movement against all of this or is everyone turning their heads the other way?
“I have countered and re-countered every objection.”
No you haven’t. You simply refuse to approve commentary that refutes your wild claims. I noted that the bag conclusion can’t be true because the RR Petro was established in 2001. I asked you to prove your claims about tracing supervisors etc. You have not done so. I have more on the ice pick, but this foolish story telling, isn’t worth more of my time. You’re right. The three are free, and with good reason.
“JD is a mentor of mine, and I am a fan of his work, and if you followed mine you would already know that I have addressed this. He is considered one of the best and brightest ever by his colleagues ( I just completed some coursework last year via Roger DePue) and I simply disagree with him.”
It’s not a matter of simple disagreement between two qualified professionals. He’s an expert who helped develop the science of profiling. You’re a person who is interested in crime and may have taken an online class or two.
“This would have been a load easier if I had, believe me.”
Frankly, I think you need to question your personal bias about Damien Echols and revisit the actual facts. If Douglas is a mentor, who you have a relationship with, as him for an opinion on your scenario.
Perhaps when the actual killer is retained, you’ll post a mea culpa? Until then, happy sleuthing, or slinking, as it were.
Look, I don’t have enough hours in a day or want or need to shingle my house with pancakes so I don’t.
Like that prudent decision for myself, I make this one- You want to argue, you want to be right, you want to take it out on me and whatever I missed. You are right about one thing, I was very biased by Echols.
I thought that poor kid wanted nothing but to belong, not have multi-generational psych issues, and live in a trailer not strewn with cat urine and feces. I felt like had I known a kid like that being the imp I am, I could have said hi in the lunch line, or just not look scared of him and see if that meant anything.
I believe in my heart, these three men are guilty of what they have just been convicted of, again.
I have spent weeks coming to that conclusion and it does not make me right, but it is what I believe and you know as well as I do my presentation for saying that is rock solid or you would not be bothered by it in the least, so have a slice of your own bias right back.
B
Blink, do you believe that this investigation was botched in any way? The fact is, it is only the evidence and the manner in which it was collected, is all we have to structure an “informed opinion” about this case. An informed opinion, IMO, can’t be made either way if one believes that the integrity of the investigation itself was reasonably flawed, would you agree? Essentially, this is where I remain stuck and believe it is the primary reason why there is such controversy regarding this case.
Ladies and Gentlemen, please buckle your lap belts and in the unlikely event of a water landing, your seat may be used as a floatation device.
Cat is taking us up to 30,000 ft. Best question I may have been asked in this case. Partially because your a longtime reader and contributor, but also because I think you may have figured out something I have not been able to come to grips with personally.
I think what your really touching on is the differences some are having (myself included) with moral guilt vs. legal guilt, really.
If I had to guess at some of the controversy, I think it is because some people believe that they cannot concede guilt, or won’t, if there is the possibility an error put these men, or even one and then all 3 of them as a result, where they are today.
I think it is also possible I may have offended some with my adamance of their guilt, when I am equally adamant that there have been major LE and prosecutorial errors in this case. That may be a fair criticism even though I have tried very diligently to present my findings alongside others, I am going to have to ponder that some more- but I do not think there is such a thing as a perfect investigation, or one without any errors.
In another cockpit admission, lol, (did y’all just hear me through that PSA thingie the captain speaks through?)
When I watched over one hundred minutes of that Ark Times panel, I realized what the hell made me so angry like a shot to the back of my head when my Mom caught me drinking right out of the milk.
Say what you want about Mara and Capi and Lori Echols- and make no mistake they are opportunists making money from a tragedy, period. However, they also wholly believe in the innocence of these men. I believe if all 3 admitted in detail exactly what happened, these women would blame the last 18 years and chalk it up to PTSD talking.
In fairness to them, if I had to rely on Scott Ellington to prosecute a jaywalker in front of a store full of rolling video cameras, I would plead it. He is the single most incompetent prosecutor I have ever seen, wait, I mean single worst lawyer I have ever witnessed – tells the public to turn over evidence to the defense for processing? WTH? I wonder if Sheriff Allen caught that.
It is an example of what I am apparently not capable of. Because my work leads exactly back to the start, in my mind, if they did it, I don’t see how to reconcile that they still did not deserve to be in prison because technology was not where it is, LE was sloppy, Jesse told a half baked confession first, some idiot lost the lumen contents and his brother idiot II never brought the ice axe to Fogleman or figured out Echols Dad and he worked behind the Road Runner Market.
Stevie, Chris, and Michael are no less tortured and dead because for some outrageous reason cops are taking polaroids like they are investigating a smash and grab.
How they ended up after all of this with that baffoon- sigh.
So I took the long way around to say, do I feel that errors in the case should have resulted in a new trial?
Under the law, no, but the evidentiary hearing and it’s wording was a gift.
Under my moral opinion: YES! I strongly believe it would have ended the same way it did 18 years ago, and I don’t want a prosecutor with less than 6 months on his post, without having read anything but appellate files essentially deciding to clear his calendar for December and remove a man sent to death throw by a jury of his peers.
Dude, it is like he thinks he is Denny Crane.
Morgan
You are red and not blue so I can not trade with you. Based on Blink’s story about Blink Jr., I’ll just keep the pink. I may still have one of the pink shirts.
I brought that up to produce some levity to the scene. We needed a little laughter to help us get over the feeling of the victims being completely left out of this agreement.
Baglady
I have no idea of your experience regarding wounds. However, having witnessed all sorts of wounds caused by construction tools, I have no problem with the ice axe being the instrument used on the boys. Any type of hammer like blow with a round opening, depending on the angle, can create a surface wound that resembles those on the boys. The description by the ME of blows to the lower skull being caused by an instrument the size of a broom handle exactly matches the size of the ice axe handle.
The ice axe was in the posession of a teenager who may not have known its original purpose. The blade portion is supposed to have a high angle sharp edge to cut into ice and rock. Echols had not taken care of that edge, so it was dull.
The fact that LE and Prosection did not use the ice axe in no way eleminates it. The ability of forensics in 1993 in general and in particular for the training of LE and attorneys in this case, IMO was not sufficient to even request quality measurements of all implements taken as evidence. The foolish measurement technique demonstrated in the photos of the knife and its handle recovered from the pond make it plain that most had zero training.
I find no comparisons of wounds with overlays taken from possible instruments that could have caused them. Because of this, the knife theory has no more weight than any other item in evidence.
Blink and her team have considered all of this in reaching their conclusions. If I am correct, they have done overlays on the ice axe.
Jack
You have extended the legal conversation of regarding this case. You are to be commended for spending the time on Lexis and West Law finding and examining the documents and then sharing them with us.
@Blink, 20.
Where to strart?
Well, here from the link you provided:
“The mother of a witness who testified about Echols’s confession has publicly questioned her daughter’s truthfulness..”
http://www.yourprosecutor.org/
This either is a blatant lie or an excellent illustration of how ignorant Ellington is about the case. He refers here to an affidavit submitted by Ms. Medford, mother of the so-called “softball girls.” She simply stated that at the time she thought Echols had joked about his participation in the murder. Questioned only recently, she and her daughters stood behind the substance of their testimony, and Ms. Medford went on to explain she had encouraged her daughters to step forward after it became apparent Echols was boasting rather than kidding. This is part of supporter folklore, the purported recantation, and Ellington either believes it or uses it.
The section you quote indicates to me Ellington lied but was afraid he would be caught, hence the “or federal court.” Riordan had laid down the groundwork to go there because he realized he might not prevail at the state level. Ellington was afraid people like me would ask “why now” and he relied on the federal angle to explain why he dealt at this juncture.
No more passes for Ellington.
@Morgan, 28.
Thanks. This is exactly right.
@Dr. Pepper, 29.
Understood completely. In fact, politics are better than another option ($$$$) I’ve considered. Each of the key players are part of the Democratic Party machinery in Arkansas and to overlook that fact is to be willfully blind. It played a role, but I don’t know how much. As I have written elsewhere, though, I would hate my political fortunes to ride on the good behavior of Echols, Baldwin and Misskelley over the next decade or so.
Two words: Willie Horton.
“GriffyMom said:
September 6, 2011 at 1:59 pm
The only thing that ever really made me doubt these crimes were committed by the WM3 was the severity of the attack on Christopher Byers. His injuries screamed personal rage on the part of someone close to him. I started to think that perhaps the other boys unwittingly stumbled upon an attack on their friend and became victims themselves. However, I decided put everything else out of my mind and look at what Blink presented to us.
There is a great deal of evidence linking the WM3 to the murders in addition to their willingness to accept a plea rather than fight to be exonerated. I now believe there are other scenarios that can account for the immense brutality of the attack on Christopher. For the WM3 to violently attack all three boys simultaneously they most likely attacked them one on one. Young Christopher’s attacker could have been the sickest, most depraved of the three. Or the savagery intensified as the attacks continued. There are a number of reasons that could account for the different wounds inflicted on each child”
_______________________
That was exactly my thought process and perfectly articulates why Blink’s Part 1 made me start to question. I saw the first scenario in my head immediately (that the individual attacks were so different as the were 3 dif perps.) It wasn’t until later that I thought of your escalation theory. Either way, I lean 80/20 in favor of their guilt now versus 20/80 before reading parts 1&2. Thank you. And, as Blink said, I think you said that for many.
“when the actual killer is retained”? Well, so far $10M has not turned up the ‘real’ killer. The only way I see that happening is in the movie that eventually comes out of all this. If you are not equally or more biased than Blink how do you account for Echols’ psychiatrist diagnosing wonder boy as homicidal? This will never be a smoking gun case. However IMO, there is a lot more pointing toward guilty than innocent with much of the innocence information bought and paid for. So called ‘expert’s’ are a dime a dozen where a dime buys about $10,000 worth of expertise. I’d love to see one of the contracts these guys sign cause I can’t decide whether they look for a specific outcome or if they are objective and merely let the defense pick and choose which opinions they use.
“I have spent weeks coming to that conclusion and it does not make me right, but it is what I believe and you know as well as I do my presentation for saying that is rock solid or you would not be bothered by it in the least, so have a slice of your own bias right back.”
I went into this case, without any bias several years ago. I continue to look at anything presented, and am waiting to see actual evidence against the three. What I’ve found is that people who are creeped out by Damien Echols, develop a bias, that informs their opinion.
Interestingly enough, after the trials, Terry Hobbs mimicked others and said essentially, where is the evidence?
Many people who believe the three are guilty, take what non-supporters say as gospel, without actually considering an alternative point of view. These people also appear to have a bias against those who are different. They also believe that none of the three had an alibi. They believe that Damien was a psychopath, without ever really considering any counter evidence. “I don’t like Echols, therefore the three are guilty”.
There is nothing but “gossip” and bogus so called “confessions” to cling to as evidence in this case. When you peel away the layers of gossip, and actually dig into what some consider “confessions” – you’ll see there is nothing upon which to base a firm conclusion of guilt. In fact, the so called confessions and lack of hard evidence are what convinced me the three are innocent.
I would encourage people to look at the the pattern of police misconduct, as well. Buddy Lucas, for example, indicates that he was frightened of police. They scared him into thinking he’d go to jail if he didn’t lie about Jessie Misskelley. Lucas’s mother got an attorney, which was smart. Lucas recanted and explained why he lied. He was a young kid, being screamed at and intimidated by law enforcement. LE implied that he was present when the crime took place and he better “confess” or else. Sound familiar? Unfortunately, few non-supporters wish to consider how the police pressured many people in WM circa 1993 into saying what they wanted to hear. The police were surely panicked as well. Some said they had nightmares. They wanted a resolution, and understandably so.
I ask in closing that you take another honest look at the other side. Watch interviews with the three men. Forget the fact that Echols was “creepy” and obnoxious as a teen. You may come to another conclusion if you do.
Cheers.
I disagree with you obviously on several points, and you can call yourself non-biased all you want, but even the strongest supporters, the critical thinkers able to see both sides are able to admit the strength in the case against these 3 in several areas. This is where you lose people. The everyone is an idiot that does not taught the party line. I am trying not to be insulted at the suggestion that I need to watch interviews of the convicts to form a different opinion- I have seen every second of footage available on all of them.
Pulling everything out of walls, swimming pools, backyards and vehicles and spending $10M has NOT produced a single piece of evidence pointing to an alternative suspect or suspects, or presented a single piece of exculpatory evidence against these 3. How do you not see the impact of that- “from the other side”?
B
A supporter story:
http://www.npr.org/templates/story/story.php?storyId=5155870
This man spent the 10 years after this convict was executed, rallying the Gov of VA to test a DNA sample to posthumously exonerate his friend.
Modern day application of DNA testing proved what the state knew all along. They had the right guy.
Blink-
Could you change the title of your article to include something like “evidence you may never have heard about”.
?
What’s up Pep?
B
>>Douglas’s complete profile can be found here:
http://paradiselost3.com/index.php?topic=205.0<<
Actually, that profile is a pretty damn good description of Damien Echols.
Eh…I thought he was wrong in the JonBenet Ramsey case as well.
O it is, as is Turvey’s and neither access to Echols files
B
How long before Jessie confesses again? I give him about three more weeks before he starts talking.
Interesting take on Jesse’s other confessions: http://wm3truth.com/jessie-misskelleys-confession-to-dan-stidham-february-8-1994/
Will the WM3 guys slowly back away from their claim to “seek the real killers” — I mean Jason is already planning on going to law school so he can help other people like himself. At this point they are tempting fate, no?
At some point their lawyers might want to tap them on the shoulder and say: “Okay, you can just go away now and stop with the real killer speech.”
I think they expect him to. His lawyer re-itterrated his feeling that Jessie had the capacity of a 5 year old.
He should really read up on FB, and the old records in this case.
B
B
Thank you, Blink for Roger Keith Coleman link above. This happened near where I live. I think we all as humans look for the good in people and want to believe them when they say they are innocent. Especially if they say it right up until their exocution. To me, if you are still lying, then your are not repentant. I have much more respect for the men and women who have committed horrible crimes but were later able to admit that they did and ask for forgiveness.
I have been reading and researching and I still am not convinced one way or the other. That is super frustrating for someone who is pretty black and white about a lot of things. Thank you all for the discussion from both sides, so to speak.
Just wanted to say one thing in re Morgan’s post about the wax sealing it (see what i did there?) for her. It sounds like there are many other points you considered before deciding which side you come down on. But in general, had it been only the wax that did it for you, that just would not be enough. It is barely even circumstantial. Presence of this wax – the same composite even – proves only that AT ONE POINT IN TIME the person wearing the shirt was near this wax. Does not show when or where. And actually, it really only shows that whomever wore that shirt came into contact with the youth who had the candles from where the wax emanated. That shirt could have been bought second hand with the wax already on it. Sure, does not seem likely, but the possibility exists.
Please don’t attack me – I am merely speaking about one piece of “evidence” and the way that it can not be held out as “the one”. Taken in totality with other evidence and facts is one thing – it adds to the proponderance of evidence – but in and of itself, it really means nothing.
I had to find something to comment on so I can see my avatar. =)
I agree with you in theory, but I don’t think Morgan meant the wax was a stand alone, it was more her tipping point.
Keep in mind, Echols told Ridge, the same day that he told him about the urinating in the mouths, they should expect to find candles there. They did, blue wax which matched blue candles from Echols room, on the shirt, presumably Stevie Branch’s
B
B
yep, it is pulling avatars from other sites. Interesting.
@Baglady, 36.
There are many supporters I respect. All of them acknowledge Echols had deep psychological problems and take that issue off the table. It isn’t that Echols is “creepy” or “scary” or “different.” He suffered severe mental illness. He realized this himself. He was treated for mental illness. He was hospitalized for mental illness. He was on medications for mental illness.
How can you conclude otherwise? I don’t care about any other aspect of the case, but please answer that one question without evasion. It isn’t a trick, and I don’t really care to engage you beyond this specific point.
K
Thanks for the profile link from Douglas. He does make sense about the type of person doing the crime. However, he concludes that it is a single individual who is an older person.
I also do not believe his discription of the inablility of the boys to cross the bridge carying their bicycles. Based on the photo of the bridge where the recovery of the bicycles is in progress, there is plenty of room to straddle the pipe and walk across.
The bridge was constructed for two purposes. The first to support the pipe and the second to provide a way for a person to cross the bayou.
Pipelines have to be inspected on a regular basis by federal regulation. When this pipeline was installed, inspection was by a person who lived in the area. This persons job title is a “line Walker”. His job was to walk several miles of the line once each week and report any damage. Since the 1960′s, ARKLA would use a contract inspection service that would fly the line with an airplane at about fifty feet above the surface.
The “10 Mile” bayou is a local name. Looking at the banks in the photos tells me that this is not a natural bayou, but a man made one for the purpose of providing adequate drainage for the many small creeks in the area.
I think the bayou/drainage ditch was not there when the pipeline was constructed.
Sorry for the chicken scratch B.
Been a ruff day.
What I was meaning to say is that I’d love to post the article on Facebook and that I was wondering if we could edit the headline to convey the message that you are telling your readers that there may be evidence in this case that Ellington didn’t know about when making the decision. (or is that the case?). Sorry.
Crawling back in the cave. Think accidentally drank de-caf DP today.
Can I just tell you how cute it is your actually the color of Dr. Pepper, lol?
No, I cannot change the title once it is published, it is copyright protected of course, but your welcome to post it and comment below, I do that sometimes .
There was evidence that Ellington did not know before he made his decision, he made it anyway.
B
PS.
Lovin the bluntness you’re displaying this week. Especially on morgan’s thread.
I am angry this week, I know it, I am doing some yoga tonight to counter.
Criminals are not going to walk into police stations and turn themselves in and cut a deal while they wait to be processed. I need better training and support for our LEA. I am so fearful for a new victim in her case this fall.
B
I AM PINK! Hot pink, I might add
Essentially, I got some major catching up to do with all the new links being posted. I need to read posts, links, B’s responses, etc at least 3 times to have it sink in and form a picture. That being said, I think my contributions have maxed out. I’m short term memory challenged as it is
I see myself being the temp summer student getting in the way of the pros who know our cubs story like the back of their hands.
I remember years ago, when I first read about this case, I instantly bought into the innocence slant. They couldn’t be guilty if Johnny Depp jumps on board. There are not enough sites to challenge the information being put out there. if anything, this is making people take a good hard look at the facts, even the WM3 supporters. That in itself is a victory. The majority haven’t even read up on the evidence that DOES put those boys at the scene.
Y’all remember, float like a butterfly, sting like a bee…for our cubs!
Ragdoll out….peace my sweet friendies!!!!!!
LOVED the Ellington, jay-walking, rolling cams, gotta plead line. OMG Blink that almost made me pee my pants.
“All about the slinky all up in here.”
____________
Sorry, girlcrush #3, Blink