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. Ragdoll says:

    Oh….I just want to add a ‘thought’ about Misskelly’s state of being.

    Of course, this is not a diagnois. My son is friends with 2 boys, both with Asperger’s. Both of them are high functioning. They are average IQ, fit in for the most part with the exception of some clumsy social skills. One of them shows a lack of self esteem. The other is loud, proud and super outgoing. I would not be the least bit surprised if Misskelly was diagnosed with AS or some form of attention deficit. He isn’t the sharpest knife in the drawer but what really sets him apart is his inability to read social or body language cues. It makes him vulnerable and naive (especially following diabolical minds like Echols and Baldwin). Lying takes some form of problem solving. I don’t believe this is about academic smarts. He seems deficient in common sense and street smarts. Right or wrong could be an issue for him. Watching him during the press conference made me feel extremely uncomfortable for him. He looked confused and uncertain of his environment. He didn’t show the composure of Echols and Baldwins. He LOOKED guilty (slouched, head hung low), but does he comprehend his guilt? Did he do as he was told(think A Few Good Men)? Misskelly isn’t stupid but terribly impressionable.

    Finally, I don’t feel Misskelly’s confession/s were about stabbing his friends in the back (as Echols and Baldwin so want us to believe). As we know, forming lies to create doubt is not up his alley, hence, the various confessions. AJMHO <3

  2. al miller says:

    B: I love my purple quilt thingie. I recently started reformer pilates, it works wonders for that darn chi. Wouldn’t it rock if the people who are responsible for this miscarriage of justice could admit their mistakes? (Including the celebrities) Thanks as always for what you do.

    TY

    B

  3. Morgan says:

    Desert Girl, to be clear, it wasn’t only the wax. The wax served as the candle upon the whole cake, and that’s all. But for the psychoanalytics the wax would have meant nothing. But for the color blue, it may not have been as stunning.

  4. Morgan says:

    Ragdoll, you do wear pink so well!

  5. Ragdoll says:

    OT!

    I hope it’s ok to post this link on here. I’m in verklemption b/c of the 10th anniversary of 9/11. I wante to share all time favourite tribute with y’all. If you’ve never seen it, the sponsor aired this commercial just once during Super Bowl. They didn’t profit from it. It’s simply, out of respect.

    http://www.youtube.com/watch?v=p4yfivS8SWs

  6. Shannon says:

    Baglady said “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”.”

    I was pregnant with my one and only when these murders occurred, and I’ve followed it since then. I was a supporter..for a long time. Someone convinced me, the way I hope articles like this will for others, to look beyond the PL 1 & 2 propaganda machine. I never took what they said as gospel, I researched myself. I went through every thing posted everywhere I could find it and came to the conclusion that I was just flat out wrong. I have always been one of those “different” kids (even though I’m 43 now lol) Damien professed HIMSELF that he had mental issues. So today I sit here, someone that DID consider an alternative view (and took SUPPORTER bs as gospel for many years), someone that HAS experienced bias because of being different and I can in no way conclude they are innocent.

    Blink, thank you for what you are doing. The shoe is one the other foot so to speak now because they have been let out into the general population and we “nons” can’t just sit back and wait for Damien’s execution, it is our job and our responsibility to be the voice of Michael, Christopher and Stevie that many of the supporters never were. Dogisyourname, you know I love your ability to cut to the chase and your case knowledge always astounds me. Texas Grandfather and Jack Dobson, thank you for everything that you’ve shared, and the insight you have provided. I look forward to reading more from y’all and the others.

  7. Lisa Allen says:

    Dear B,
    I’ve been anxiously awaiting part III. I thought I read somewhere it would be late Tuesday night or early Wednesday when it came out. So, this is Wednesday night…but I don’t see it.

    Well, I have had to make some adjustments based on conversations of the legal variety I have been having over the last 2 days.

    Apparently, sometimes a shitstorm is invisible to the naked eye. Who knew?

    Just in case anyone was wondering, Al Gore thinks Paradise Lost is in the top 50 bucket list.

    There are probably at least 10 hilariously inappropriate responses to that tidbit that I am only saying in my head at the moment so we can all stay on point, or for some, pointless :)

    I will update.

    B

  8. ERB_MD says:

    @ Ragdoll

    OT also!

    I coming out of my “happy place” where I’ve been since July 5, 2011 (from shock). Thank you for that video! Made me cry again…

    It’s too bad that criminals are getting off because people would prefer to be looked at as open minded and deny the obvious and common sense. Now I just have to hope that God will take care of it (and I hope it’s in my lifetime

    well it is nice to see you and your advocacy is important.
    B

  9. jack dobson says:

    @Shannon, 3.

    Thanks. It isn’t such a leap for people to claim serial confessions are false also to claim self-admitted insanity is false. I’m glad you found your way. It terrifies me to watch objective reality and facts thrown to the wind in favor of celebrity and fantasy, if those things differ.

    @Blink, bold, 4.

    Shitstorms may be invisible but we have other senses to detect them.

    I can’t wait to read the legal takedown and comment if I have something to contribute.

    THAT might be a bit as you can imagine, but you have contributed immensely and I hope you continue to- thank you for that.

    Apparently wagging the dog crosses the red and blue.

    B

  10. Blink says:

    CC From MI-

    Do I have your permission to redact your post a bit? I am involved in that case professionally and because of that, I cannot comment on it publicly whatsoever at the moment, I am invoked.

    B

  11. Morgan says:

    I do believe that good old Al lost his pair-a-dise a long, long time ago.

  12. CC from MI says:

    Dear Blink–Do whatever you must my liege! You don’t have to bother even posting if you don’t want. I am just glad you are involved in it and realize the serendipity of the polygrapher’s revelations which led to so much else unfolding. And I do believe the WM3 were polygraphed, but we may never know…

    on 1. I can’t, lol. But serendipitous for you to post that today, absolutely.
    on 2. Echols and Miskelley were polygraphed, both failed and indicated deception on the pertinent questions. Baldwin was never tested, but someone he allegedly confessed to in prison, an inmate, passed a polygraph regarding the contents of Baldwin’s alleged confession to him.

    Lol at my liege. Blink Jr calls me that when he wants a snack delivered or to eat something in a room he is not supposed to.

    B

  13. kathy says:

    Okay, trying to see if I can pull off posting a link. My main reason for the link which comes from the news releases out of Scott Ellingtons office, is that it mentions federal grants for mental health courts. I have read a few places about federal grants for mental health facilities/programs, specifically for Ellingtons district. Just wondering if hollywood got to washington which got back to AR with some incentives. Is there an easy way to determine how much by way of federal grants this district has received recently? Probably on a limb here, but, trying to follow the money! The article also references a crimes against children task force as something Ellington has wanted to implement for a long time.

    http://www.yourprosecutor.org/2011/01/hello-world/#more-1

  14. jack dobson says:

    @Blink, bold, 6.

    Thanks.

    That last cryptic line has my attention.

  15. beaglebrd says:

    Haha to the Denny Crane mention.

    I have yet to watch the video of the panel discussion, but they did have to move it from the Clinton School to a larger arena. I believe it was sponsored by the Clinton School and the Arkansas Times (where Ms. Leveritt is a senior editor and part owner unless when she and the other owner divorced he got it in the split).

    There has been less talk about this case in my circles and on FB then there have about one of our local weather guys being found in an empty hottub with a dead man. Most likely an overdose since they were drinking and snorting something. And at one time the hottub was full.

    Anyway, the good ole boy system is alive and well in Arkansas and bet your bottom dollar that McDaniel will be the next governor. The current is a Democrat with one of the best budgets in the country and is well liked. McDaniel will step in. Pardons for these three are unlikely, but so was an Alford plea so who knows. It is a little like Twin Peaks as Blink mentioned. Denny Crane and Twin Peaks….loved both those shows, Blink.

    It is late, and I know I am at the bottom of the barrel in the wit-chain here. Please refrain all, there is a dead person involved, and probably doppler. Just Don’t.

    B

  16. Baglady says:

    Ragdoll, any evidence that supposedly puts “those boys at the scene” has been refuted, but Blink will not post what I’ve found out about the so called bag evidence, nor did she have an independent forensic analysis of her suggestion that the ice pick is one of the murder weapons. Not to mention, it’s not even clear that the pick in question was in the possession of Mr. Baldwin at the time of the murders.

    Mr. Dobson, Damien Echols was diagnosed with depression and possible bipolar disorder. I concur that he suffered from mental illness. I believe this illness was related to his sensitivity and his surroundings, combined. Also, his Mother appeared to panic when he was distraught and had him committed more than once as a result. Further, I am aware that 50 percent of the populace suffers, or has suffered from mental illness at one time or another. This, according to the CDC. So, it’s not that I don’t acknowledge that he was troubled. I simply don’t find Echol’s diagnosis, relevant.

    Now, Mr. Dobson, I would ask you to ponder something. Before assuming that mental illness makes one a charismatic cult leading killer … I ask that you entertain the personalities of actual murderers/serial killers and how easily many are able to blend into society. Ted Bundy was running for local Republican political office and was said to be “normal”. He had a “normal” childhood as well. Gacy was also politically involved, personable, owned a business and dressed as a clown to entertain the kiddies in his spare time. The BTK Killer was well loved by fellow members of his church, and had a family, was married for decades, etc. He was also a boyscout leader. Jeffrey Dahmer appeared mild mannered, soft spoken and also attended Church. Dahmer, like the others I noted, worked a steady job. Lone spree killers are more likely to be all out insane. But, if you believe the MissKelley scenario, you’d know that the three were supposedly on their way to “meet girls” on the day in question. They did not have murder in mind. So, the three supposedly walked for 1.5 hours with a bag containing clothing, razors, an ice pick, a knife, whiskey and beer to a remote location, where no girl would ever tread and decided to commit triple homicide. I guess if you can’t impress a girl with an ice axe, a murder will be every bit the fun?

    Blink said – “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”?”

    What? I personally consider DNA tests that may implicate a step-father, cause for pause. As you likely know Terry Hobbs hair was found in the ligature of Michael Moore, and someone he was with that afternoon, had a hair found in the mud on a tree trunk near the dump-site. If you read John Douglas’s profile, you’ll have more evidence pointing to the step father in question. Not to mention new DNA (not matching any of the three) was found on the shoe of one of the victims. What’s also telling is that no matter how much DNA is returned, NONE points to the three. NONE, NADA, ZIP. Also consider the fact that Echols requested that everything possible be tested. He did this from death row, knowing that one test that implicated him, one hair, could literally kill him. Don’t believe reports to the contrary. His DNA request is on the legal record.

    How much evidence pointing away from the three do you need before you consider that you may be incorrect? Have you read the differing MissKelley confessions and contrasted them to the actual evidence? Have you read how he was led, and still didn’t get much right? Have you read that he was shown photographs of the victims before a tape recorder was utilized? Have you considered that MisKelley only confessed when he was promised something in return? 1st reward money, then visits from a girl friend, later, a plea deal?

    Yes, I suggested you watch video so that you can educate yourself a bit on the people you’re judging. Here is a very short video that may interest you in this regard. Perhaps it will not cause you any pause at all. But, I ask that you watch regardless.

    http://www.youtube.com/watch?v=7dUUpC2-Zkw

    I don’t mean to suggest that you’re ignorant. But I do believe that your conclusions are incorrect. I also understand the perspective of non supporters of the three given I hear the same rationale time and time again. Damien is weird, Jessie confessed, convicted in a court of law. Lather, rinse, repeat. You did add a new twist with the bag etc. but my research has proven the bag theory to be incorrect. I will not address the mountain climbing axe again.

    For the record, Johnny Depp, Natalie Maines, etc. do not/did not influence my decision on the innocence of the three. One would hope that anyone with a strong opinion on this case, actually does the research necessary to form a solid conclusion, independent of anyone else.

  17. A Texas Grandfather says:

    Thanks for your comments Shannon. The whole point for me in this case is to find as much of the truth as possible. Too many have overlooked the fact that three little lives were terminated. We as a society must find ways to prevent these events and punish those who do crimes against children.

    Arkansas is mostly a rural state. My fathers family has roots there for over a hundred years. There are parts of the state that have families with major problems of everyday existance. To be poor is not related to a lack of money. It has to do with choices and behavior.

    We may have some indication of new traction and efforts to get the victims families involved in an effort to present their story.

    Nothing raises my hackles any greater than a lawyer who does not respect the profession,such as we have witnessed with the release of these three, or a court that will not do its job.

    Blink’s idea of a group of specially trained investigators and medical examiners with crime scene technicians tasked with moving to a crime scene within a region would be a good fit for Arkansas. There are only two relatively large cities within the state. Most of the other population centers are twenty-five to fifty thousand which are surrounded by small towns such as West Memphis, and further West Forrest City, along I-40.

  18. Ruthie says:

    After
    Reading for hours – I do believe that Blink will continue to receive posts that are at best described as being in disagreement – Blink you are so very close to the the truth that I am simply in awe – please continue – there is a wonderful peace associated with the truth- and may the three little angels lift you up and carry you as you complete your analysis

  19. A Texas Grandfather says:

    Your leige indeed from a child of ten or so. Little Blinkette and Jr. are two lucky youngsters. Their vocabularies are probably five years ahead of most their age. All because mom and dad encourage learning by example.

    “It takes a village” to raise a child and the first part of that village is family including grandparents, aunts and uncles.

    Hillary Clinton is not the originator of the quoted phrase. It originated in Sweden in the 1930′s with a woman who wrote a book about how children learn.

    I would really love to own that compliment, but he got that from a movie trailer that was inappropriate for him to see, lol.
    B

  20. A Texas Grandfather says:

    Dr. Pepper

    Since Blink gave you a color to match your handle. Do you know the city where Dr. Pepper cola originated? Trivia of the day.

  21. Sharai says:

    I had never heard of the West Memphis 3 until Blink began working on this case. Since that time, I have read quite a bit of the information available at the various websites and have considered and reconsidered their guilt and innocence. One thing I haven’t heard mentioned that I am curious about is whether any of the three have ever expressed empathy for the family members regarding the loss of their loved ones. Have they expressed empathy and our outrage for victims who obviously succumbed to horrendously tortuous deaths? Have any of them expressed dismay regarding the extensive man-hours and financial expense undertaken by the law enforcement in connection with the investigation of this case? Just wondering. Shalom, Sharai

    P. S. Will I now get one of those pretty little icons

  22. Sharai says:

    With regards to: mayhem, Thank you for sharing this link, I was deeply touched by the statement of this heartbroken father.

    “The West Memphis Three were the three little boys,” said Branch. “My son, little Stevie, and his two little buddies, Michael and Christopher.”

    Shalom, Sharai

    Retrieved from http://www.downonthefarm.org/wm3hoax/board/index.php/topic,10734.0.html?PHPSESSID=9c27533009163797b53a1738e69cefee

  23. Morgan says:

    Good morning, ATG. I just had to say that, as well as to tell you that I do love you in pink, and wouldn’t trade you even if my Avi were blue. Now, can we have the answer to the trivia for the day?

    baglady, cute name. With all due respect, it couldn’t be that you’re white washing the psychological assessments done on Echols just a bit, could it? Merely bipolar? Merely depressed? How many BPs and Depressants do you know who consume blood and smear it on their faces?

    Honestly I could not even believe I read that. His diagnosis’s were irrelevant to a crime, but apparently very relevant to sentence mitigation. It just goes on and on.

    B

  24. Marci says:

    Waco Texas home of Dr Pepper :) Use to live close to it.

  25. jack dobson says:

    @Baglady, 16.

    Thank you.

    Yes, serial killers can have and often do have appearances that allow them to blend into society. I don’t see the relevance at all here, though, given there also are many killers who don’t fit that description, and these murders were an isolated act. Would Misskelley, Echols and Baldwin killed again? We may find out post-release.

    But thanks for the acknowledgment that Echols was mentally ill.

    Why are we even comparing those profiles to this crime in the first place? I have never seen any relevance to this crime being serial in nature whatsoever. One thing I will say, is that Echols shared traits, boilerplate for the most part, he did have the classic triad- animal cruelty, fire starting, and nobody will ever convince me with the level of allergies he had and insomnia bouts that he did not have pre-pubescent bedwetting.

    That part however, is speculative on my part based on the “500.”

    IF Miskelley was telling the truth in his statement to Stidham on February 8, 1994, and I believe he absolutely was, this is where my fear lies-

    If Echols, and I emphasize if, although I would LOVE new testing on Branch’s pants, did ejaculate at the scene during the commission of this crime, he had bridged the gap of sexual gratification and sexual violence and once a person with his “demons” does this, it will never be reversed.

    B

  26. jack dobson says:

    @23, Morgan, Blink.

    Agreed. Nonetheless, it is hard even to get this acknowledgment much of the time from supporters, many of whom are unaware of how profoundly sick Echols was, so I was glad to read it.

  27. susanm says:

    bag lady ,i thought one of your beefs was that blink was reguritating old news, umm the link you provided was,old news ,literally . if the defense had new evidence that was going to exonerate these three,why did they ask the prosecution for an alford plea? jason says cuz they were kill damian,what the new evidence was going to kill damien? did he name himself that?

  28. Rose says:

    @TGF. No. 20. Trivia: in Big D, my oh yes. Hdqtered right there on Mockingbird Ave.

  29. Rose says:

    Ah, 2 Dr Pepper fans.

  30. susanm says:

    the whole satanic cult,homocidal mental illness, only comes into play because it was damian’s genre.if his interests had been cowboys and indians,and his nickname was injun joe,and he wore feathers,and one kid was scalped ,then what? identifying with the wrong fantasy character,seems to be an issue here.

  31. Marci says:

    Not big D. It might be now but it first came out of Waco..

  32. Rose says:

    @TGF & Marcie: Formula Invented in Waco (kudos Marci)
    http://inventors.about.com/library/inventors/bldrpepper.htm
    but the Dr Pepper soft drink bottling business itself was first incorporated in Dallas
    http://www.tshaonline.org/handbook/online/articles/did01
    Which goes to show the precision of the answer depends on the precision of the question!  One could read “Dr Pepper” as the bottled soft drink, or the formula and get 2 different answers.

    Which goes to show one can’t talk generically about mental illness or “sensitivity” as applied to Echolls.  His history is a product of his specific brain chemistry, his specific psychoses, as treated by professionals when he was floridly ill. 

  33. jack dobson says:

    @Blink, bold, 25.

    Just to clarify, I in no way compare the West Memphis murders to the act of a serial killer for any number of reasons. Baglady brought up how serial killers tend to look in, what I think, was a ham-handed way to imply Echols, Baldwin and Misskelley didn’t look like those guys so they didn’t fit the sterotype. I don’t want to put words in her mouth but I think that was her attempted point. She tried to imply since these guys “didn’t look like serial killers” they shouldn’t have been targets. It’s lame but a typical meme from supporters.

    Obvioulsy, this is apples and oranges.

    What is more, the West Memphis crime doesn’t even fit the mold of a “spree killing” since this was one transaction.

    I agree that if Echols achieved sexual release after the committed the crimes, and I see no reason to doubt Misskelley on this point, it put the taste of blood further into his mouth. Given his violent history, I have little doubt he would have engaged in further acts of mayhem and possibly murder even without the sexual component.

    Jack- sorry, I worded my post to you hastily, I know you were not comparing the profiles in that context, my bad.
    B

  34. Baglady says:

    “baglady, cute name. With all due respect, it couldn’t be that you’re white washing the psychological assessments done on Echols just a bit, could it? Merely bipolar? Merely depressed? How many BPs and Depressants do you know who consume blood and smear it on their faces?”

    Ahhhh, so it’s the rumored blood fascination that leads you to the conclusion that he’s a murderer? I’ll add you to the “Damien is allegedly weird, thus he’s guilty” pile. I’m sorry that you believe every negative thing your read about Damien Echols. However, the specific lies/rumors about blood smearing are addressed in an article I posted below.

    Blink, of course Echol’s attorneys would present his record of mental illness in the sentencing phase. If you believe he’s a delusional person who suffers from severe mental illness, do you think death row is appropriate? Was he legally sane at the time of the crime, or not?

    Here is the article I noted above. It was written in 1994. I feel it demonstrates how wild rumors about Echols were pervasive at that time. And, it also details that those who knew Damien well indicated these rumors were untrue. Today, many of the rumors have been dismissed by non-supporters and supporters alike.

    “Damien Echols may be troubled but he’s not killer, some say” – Commercial Appeal February 1994.

    http://www.commercialappeal.com/news/1994/feb/27/damien-echols-may-be-troubled-hes-not-killer-some-/

    “Prosecutors suggest Echols was a member of a cult that held sex orgies and ate the hind legs of dogs.

    Some people close to Echols agree he has a history of mental and family troubles, but they dismiss sensational claims of satanism and cult involvement.

    ‘He liked vampire movies and vampire books, but I do too – so what?’ said Dian Teer, 44, whose teenage daughter, Domini, had a baby last year with Echols.

    (Think about teens who are obsessed with Twilight, today.)

    ‘What really scares me is the one who really (killed the boys) is still out there, and the cops are sitting there patting themselves on the back.’ ~ Dian Teer

    To some, Echols was just a shy, moody kid from the wrong part of town.

    ‘He (Damien) was the quietest, most polite kid you ever saw,’ said Anna Mettler, attendant at the Holiday Plaza Lanes bowling alley in West Memphis, where Echols often shot pool and played video games.

    Echols also enjoyed skateboarding and chasing girls. He spray-painted graffiti under viaducts, got in his share of fights and enjoyed heavy-metal rock music.”

    More at the link I presented above.

    The article gives us a flavor for what amounts to two opposing views about who Damien Echols was in 1993.

    Here are the choices:

    1. Damien changed his name because he wanted to emulate the main character in the Omen. He was a sociopath who cooked dogs in old laundry tubs over campfires, smeared blood on his face and engaged sex orgies and sacrificed babies. He did these things in-between taking part in seemingly normal, teenage activities as noted in option 2.

    2. Damien officially changed his name to his Catholic name, while he attended Saint Michael’s Catholic school, because he admired a Priest of the same name. He was a quite, polite, yet troubled kid, who liked heavy metal, read scary books (some on the occult), got into a few fights, played pool/video games and chased girls.

    I’m going with 2, given most of what is alleged in 1, is now known to be absolute B.S.

    Here’s more from the Commercial Appeal article on the specific blood smearing rumor.

    “Rumors roared through Marion and West Memphis the day Echols was arrested. He sacrificed babies, neighbors said. He covered one of his girlfriends in blood and made love to her, others claimed.

    ‘I’ve heard stories about him drinking Domini’s blood and (co-defendant) Jason’s blood,’ Dian Teer said. ‘I’ve heard so many stories,’ most untrue, she said.”

    … more at the link to the article above …

    Note, *V Hutchinson has since recanted her story, saying she lied to get a deal on a criminal sentence. …

    I’ll close with this quote about Mr. Echols.

    “He was the quietest, most polite kid you ever saw,…”

    So much for the charismatic cult leader, thing.

    I think you missed one, AGAIN. Damien sucked the blood on a wound of a fellow inmate, although I have seen some supporters try to say it was his arm, it was not. That said, I watch True Blood, so am I now a vampire?

    Can we knock it off with the O poor Damien was stereotyped. That is BS, the only part about that you can throw out is that this crime was related to a cult activity.

    Let me guess, Harris and Klebold just liked black coats and they were really choir boys who were misunderstood.

    Your earlier Hobb smear, is exactly what you accuse others of doing to these three, except their happens to be a mountain of circumstantial evidence and not a single secondary transfer hair found at the crime scene of the man’s murdered stepson- that is what your hanging your hat on but feel it is wrong to accuse these dudes?

    I have a hypothetical:

    I would like to know if ALL 3 were to confess to the crime, publicly, in detail in order to repent or absolve or whatever, what would your opinion be then?

  35. Baglady says:

    “bag lady ,i thought one of your beefs was that blink was reguritating old news, umm the link you provided was,old news ,literally .”

    I provide old links if they pertain to the conversation. I don’t provide an old link and all it “new”.

    “if the defense had new evidence that was going to exonerate these three, why did they ask the prosecution for an alford plea? jason says cuz they were kill damian,what the new evidence was going to kill damien? did he name himself that?”

    Susan, the defense didn’t ask for an Alford Plea. The state offered to let the guys out if they plead guilty. This was deal flatly refused by attorneys for the three. The Alford Plea was a compromise in which the three could assert their innocence in a court of law, and walk free sparing the state more time and money defending their bogus conviction. They plead guilty and maintained their innocence. They knew what the courts and a biased, ill informed jury did to them once. Echols almost died, because the justice system isn’t always just. Should he have rolled the bones again? I don’t think so.

    Now, I ask you why the state would agree to release three men who slaughtered innocent children, if they’re certain of the convictions? The answer is clear. They wouldn’t.

    Baglady- that is absolutely incorrect. You need to watch the Ark Times/Clinton School video and read McDaniel and Ellington’s respective statements. In detail, it shows that the defense drove the bus once all the discovery was in, and it was a big zip in the context of an evidentiary hearing.

    Your also wrong they were released from convictions, they were not. There guilt pleas reconvicted them so they were released on parole- an important distinction. I will say this again, defense attorneys are required by their sworn status to protect their clients interests and zealousy defend them-

    If there was an iota of exculpatory evidence, they would have been duty bound to see it through.

    B

  36. K says:

    Sorry for the length but if you’ll indulge me I’d like to (politely & with a VERY open mind) ask Baglady something about Jessie’s confessions…(yes, I know my punctuation sux)

    Baglady (hi) will you help me so that I can understand your reasoning on a couple things?

    Jessie’s first confession:

    RIDGE: What kind of shoes were you wearing?
    JESSIE: My uh, Adidas
    RIDGE: Adidas tenns shoes?
    JESSIE: Yes
    RIDGE: What kind of shirt were you wearing?
    JESSIE: I was just wearing a regular old greasy up t-shirt.
    RIDGE: Okay, was it a designed shirt, like this bull type shirt, or was it just a plain white, old
    JESSIE: Plain white
    RIDGE: Old t-shirt, where are these shoes at now?
    JESSIE: A friend of mine, he borrowed them
    RIDGE: Who is that?
    JESSIE: Buddy Lucas

    Whether or not you believe the Buddy Lucas statement, it corroborates the fact that shoes were passed to Lucas.

    Later on in his third confession (while he was already in custody) he talks about the Evan Williams bottle that he was drinking that night.

    DAVIS: Ok. What’d you do with your bottle?
    MISSKELLEY: I busted it.
    DAVIS: Ok. Where at?
    MISSKELLEY: On the side of a ..ah.. like a slope going down over the overpass.
    _______: Where you been?
    DAVIS: Where goes over one of the Interstate.
    MISSKELLEY: Yea, like coming from, ah.. I think its from Little Rock that goes under the, you know, there’s a bridge goes toward Memphis.
    DAVIS: And that would’ve been Evan Williams?
    MISSKELLEY: Uhm.. (yes).

    No one disputes that the bottle was found as well, correct?

    If the confessions were all coerced, how do explain away these details? Are you saying that the police knew about the shoes & whiskey bottle beforehand and somehow worked these details into the stories they were feeding him? Or…are you saying that Jessie (with the intellect of a 5 year old) somehow weaved them in himself? I don’t understand.

  37. @ baglady — not sure what the point of linking to a 3 minute CBS news story about the case was. It discussed no evidence and just updated that they’ve been released.

    You also said: “Have you considered that MisKelley only confessed when he was promised something in return?”

    Not sure if it is worth my time to reply to someone who actually thinks Jessie would confess to child murder so he could see his girlfriend, but check this out:

    No promises before original taped confession:
    http://callahan.8k.com/wm3/jmjune1.html
    RIDGE: . . . No promises or threats have been made to me, and no pressure or force has been used against me, is all of that correct?
    JESSIE: Yes
    RIDGE: Okay, and you signed the bottom of the form?
    JESSIE: Yes, I did

    Please link to what Jessie was promised when he confessed to the police that drove him to prison immediately following his conviction.

    No promises by Dan Stidham (actually Dan begged him not to confess): http://callahan.8k.com/wm3/img2/jm_2_8_94_statement.html

    No plea deal promises:
    http://callahan.8k.com/wm3/jm_feb17.html
    “B-and that this statement will be tape recorded and a copy of that tape or that tape will be provided to the defense counsel and that at this point no promises have been made as to any deals or any benefits that will be granted to Mr. Misskelley as a result of his statement.”

  38. kathy says:

    i thought dr pepper was first introduced in san antonio, @a state fair? thats what my then 2nd grader learned…..maybe i am remembering wrong!

  39. Baglady says:

    “Why are we even comparing those profiles to this crime in the first place? I have never seen any relevance to this crime being serial in nature whatsoever. One thing I will say, is that Echols shared traits, boilerplate for the most part, he did have the classic triad- animal cruelty, fire starting, and nobody will ever convince me with the level of allergies he had and insomnia bouts that he did not have pre-pubescent bedwetting.”

    You’re not comparing him to serial killers but you’re pulling out the “classic triad”? This thought process is precisely why I compared Echols to actual serial killers. Echols, according to some reports killed a dying, suffering dog. According to other reports, the dog had been dead for sometime before Echols treated it like a hunter treats a kill, as a trophy. Many young men and women are desensitized to so called animal cruelty ala hunting. Much like those who work at a slaughter houses, I presume?

    Damien started fires? Supposedly he did so in school to set off smoke alarms. That’s not quite burning down the neighbors house or in this case, trailer. ;) And, making the leap into bed-wetting seems desperate on your part, I’m sorry.

    “IF Miskelley was telling the truth in his statement to Stidham on February 8, 1994, and I believe he absolutely was, this is where my fear lies-”

    Then you should study that statement more closely and compare it to the case evidence. MissKelley was talking a deal at the time, and he tried his best to make up something believable, after he heard testimony and viewed various evidence. He still failed. And, he ultimately refused to testify. Though, I wish he would have.

    “If Echols, and I emphasize if, although I would LOVE new testing on Branch’s pants, did ejaculate at the scene during the commission of this crime, he had bridged the gap of sexual gratification and sexual violence and once a person with his “demons” does this, it will never be reversed.”

    FYI – Echols defense team requested DNA testing on the pants in question. They also requested that the state test EVERY PIECE OF EVIDENCE that was, or would become available. See below.

    “MOTION FOR FORENSIC DNA TESTING

    Pursuant to Arkansas Code § 16-112-202 et seq. (2001); Art. 2 §§ 8, 9,13, and 29 of the Arkansas Constitution; the Eighth Amendment’s prohibition on cruel and unusual punishment, and the Fourteenth Amendment’s guarantee of equal protection and due process of law, DAMIEN WAYNE ECHOLS (hereafter “Mr. Echols”), by counsel, respectfully moves this Court to order the release of the biological evidence secured in relation to the trial which resulted in his three capital murder convictions and death sentences, to a reputable laboratory or laboratories for the purpose of having forensic DNA testing performed. Specifically, Mr. Echols seeks to have Short Tandem Repeat (“STR”) and/or mitochondrial DNA testing (“mtDNA”) conducted on biological evidence including, but not limited to: (1)

    >>>>>>> — semen stains on the victims’ pants; <<<<<<<<

    –the remainder of the victims' clothing ( i.e., the items of clothing which are not presently known to contain biological material but which may, upon reanalysis with the more sophisticated technologies now available, turn out to contain such material),

    ——————————–

    – foreign hairs recovered from the victims' bodies and clothing;

    – tissue on the ligatures used to bind the victims;

    – oral, nasal, anal, and penile swabs taken from the victims;

    – fingernail scrapings taken from the victims;

    – all hairs recovered from the crime scene;

    – urine which was contained in the stomachs of two of the victims;

    – a knife found in the ditch where the victims' bodies were recovered;

    – cigarette butts found in a plastic pill bottle near the crime scene;

    – contents of a bag found near the crime scene, containing, inter alia, items of clothing and two razors;

    – a cotton rope found at the crime scene;

    – the white sheets in which the victims' bodies were transported to the Medical Examiner's Office;

    – the white paper on which the victims' clothing was dried before being examined;

    – the knife belonging to John Mark Byers admitted as Defense Exhibit Number E6 at trial;

    – the DNA extract obtained from the John Mark Byers knife by Genetic Design, the laboratory to which it was submitted in 1994;

    – two knives recovered from suspect Richard Cummings;

    – tissue (item Q37) recovered from one of suspect Cummings' knives;

    – the head hair fragments recovered from the handle of a knife found near the crime scene;

    – any other knife recovered in the course of the investigation of this offense;

    http://callahan.8k.com/wm3/motions/de_dna_testing.html

    Any ideas why a guilty "demon" on death row would request that every bit of available evidence be tested for DNA?

  40. Morgan says:

    Ugh.
    Jack @ 26

    Agreed.
    ________

    Now, picture boot landing soundly upon me backside, for the previous statement that didn’t address the more than few BPs and Depressants who self-mutilate. For that matter, more than a few kids have licked at droplets of blood from a scratch and the nitpickers could consider that consumption, I suppose. No matter. Echols was known to self-mutilate, iirc, and I thought it best to address it before I’m reminded in a not so kind manner by one or the other supporter, and end up needing to defend the comment.

    Sigh, Blink. On and on and on.

  41. Morgan says:

    The “ugh” is supposed to precede the “Now” by the way. Sorry about that, Jack.

    Next trivia question, please, ATG. :-)

  42. Löni says:

    The more i read and the more i understand your point of view Blink and Blinkers. Those poor young boys those poor parents. Someone has to stand up for the truth. Thank you Blink. It is such à brutal sadistical full of rage crime directed to such young boys that couldn’t defend themselves that were so afraid and had to endure so much that no one should play this case down now. This case is so important today as it was 18 years ago. I heard the confession of M. ,he sound honest as to what happened as to what he wittnessed. The mistakes he made about times the boys went to the woods are due to his low iq and shock even if he spoke way unemotionally. The cops had to help him tell his story for his way of being and low iq but i had not the feeling they pushed him in anyway to say what they wanted him to tell. They were not rude to him and he told what he wanted to state.
    As to the profile made by this famous profiler of the lone killer theory i have absolut not the same opinion. He said it was the act of someone being full of anger and rage due to profesional or private problems. An organized crime but made in affect with no sexual motivation. Well organized or not this crime was planned, maybe not for this day or for those boys but it took place in the head from one of the killers yet long ago. He couldn’t be alone the way he controled 3 boys and for the way this looked organised. 6 eyes better than 2! As for not being à sexual crime how would you call it when someone has pleasure to cut your penis and urine in your mouth? He hasn’t cut one ear he has cut à penis!!!! This sadismus looks more to be due to a ritual nature done from some schrizophrene narcist who implent others his control torturing with sadical and sexual pleasure. But i don’t know why he / they overkill one Boy more than the others. A lone killer would not have stop killing little boys after this crime never ever!!! ( when not dead or caught) This only an opinion and a pers. point of view.
    rip lovely little Angels,God loved you so much that he couldnt live in Heaven without you <3

  43. A Texas Grandfather says:

    Marci is correct on the city where it originated. The corporate headquarters is now located on Mockingbird Lane in Dallas.

  44. Löni says:

    One more thing: i find like many others here that it is constructive to exchange controversials points of view, for sure. What is absolut destructive is to become rude to others, because of controversials theorys and specially when it goes against Blink who does so much to keep others informed about all legal issues of the cases and that’s real hard work as we all know. I was shocked about the rudness of some bloggers that believe in the innocence of the Memphis Three.

  45. Al says:

    I have enclosed a link for those interested in how a sociopath comes to be what he or she is. There are a number of good books on the subject. This particular link is related to serial killers but most of the information applies to the anti-social personality in general. IMO, many many who become advocates for these people cannot comprehend the crimes they are accused of. They haven’t studied the backgrounds and psychopathy of normal looking people who have committed heinous crimes.
    We most often associate the sociopath with murder but, again just my opinion, it’s the women and children in their immediate family who bear the brunt of their skewed world view.

    http://www.trutv.com/library/crime/serial_killers/notorious/tick/victims_1.ht

    I should also make clear that I have no credentials in this field. I am just an avid reader of Ann Rule and other such writers. It didn’t take a lot of reading to pick up obvious patterns in the behavior of the perps prior to committing their crimes.

  46. Löni says:

    Oh i didn’t tip all words:
    RIP lovely Little Angels. God loved you so much that He couldn’t live in Heaven without saving you as fast as He could. You are the Childrens of the whole World. We Love You<3

  47. Cat says:

    Blink, thanks for answering my question about the investigation.

    I ,myself, am lodged within a void of contemplation, mainly because a crime of this viciousness, would have produced copious amounts of physical evidence, which should have been appropriately gathered and would have pointed directly towards the offending party. No more questions would have needed answering.

    The only logical conclusion I can surmise is that this investigation itself was so entirely flawed, direct, non-circumstantial evidence was/could not be obtained. Isn’t it correct to question why, especially when it would only seem practical to view every investigation from this fundamental perspective before moving forward?

    The prosecution to this point couldn’t/hasn’t produced one speck of DNA tying these individuals to the crime, when it is apparent there are pieces of evidence still available for DNA testing? Wouldn’t it have seemed logical to do this from the State’s prospective prior to their release just to quell the innocence movement and bring decisiveness to this case? Don’t you think that is rather odd, especially today when DNA technology is extremely sensitive and abundantly available? If this was not completed prior to their release, again, we have to ask why, don’t we?

    Full circle back to the investigation, a never-ending illogicality…, which leads to never-ending doubt…

    Cat- I would dispute that we can take for granted a crime of this viciousness would leave behind an abundance of physical evidence. That in itself is implying there was not, just because testing standards and sensitivity are not where they are today, and yes, some protocol issues such as wound swabbing and sliding and things we take for granted in a medico legal death investigation.

    18 years ago, the complexity of this crime, the emotional impact, the demands on crime scene collection, nobody was properly trained for. The burden was not on the state to preform additional testing methods in advance of the hearing, and I am aware there were a few items that had consumed samples- amplifications have to be available to both sides for the most part outside of a stipulation.

    I dont mean to go all Yoda on you, but it can happen without a biological physical link, or it cannot, and the rest comes back to us to decide.

    There is a reason that under Arkansas law, the presentations of circumstantial evidence in it’s totality have the same weight as physical evidence.

    I welcomed this hearing, I thought it was a fair consideration to put this case to bed and to have answers. I have a feeling it will be eventually, but I do not look forward to that.

    B

  48. Baglady says:

    One last thing. You mentioned Ted Bundy in Part 1 by suggesting that Damien said “I always knew” when being compared to the killer. You were being either dishonest, or are uneducated about the actual conversation.

    … Damien reports being told at the hospital that he could be another “Charles Manson or Ted Bundy”.

    When questioned on his FEELINGS he states “I know I’m going to influence the world — people will remember me.” …

    http://callahan.8k.com/images/500/050.jpg

    Saying that you’re going to influence the world is not akin to saying that you’re the next Ted Bundy.

    I’m done with the dishonesty here. I’ll respond to your claims on supporter boards vs. bring more attention here.

    Goodbye.

    BRING A LINK. That comment about fear of being the next Ted Bundy came from HIS THERAPIST, because of Damien’s comments about it, and feel free to provide the link of Damien saying that AFTER he was convicted, and of course the part about kids being afraid he was under the beds and the boogeyman.

    Lastly, discuss what you want wherever you choose, but I suggest you glance at some copyright infringement rules. Dishonesty my bippy- there is a reason why readers and contributors on here are not spoon fed and have respectfully called you out. You want to pretend there is no evidence they did this and they were railroaded, thus why you perpetuate a stereotype that never existed for any of us in our opinions.

    B

  49. christy says:

    B:”fast forward to minute 78 and hear Scott Ellington, prosecutor of the 2nd district, tell the free world he will not accept evidence in this case and that it is to be forwarded to the DEFENSE for processing.”
    —————————————————
    This is hideous, and I do not understand it. There is no WAY that there’s not a lot of milling about and a bunch of heads a gonna be rolling. I do not get it.

  50. christy says:

    Also, I see my cat there instead of a pink quilty thingy. Do you? lol

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