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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When does the defense become the official custodian of evidence? If the state is offered evidence, under Arkansas law, don’t they have to take it at least to have a record?
Money and the “Good ole boys” seem to own Mr. Ellington.
It is the responsibility of Crittenden County or WMPD to receive any and all evidence in a criminal matter.
That was just sheer bafoonary, or some kind of arrangement we are not privy to, sort of like the deal.
B
Blink, are you gonna be posting the 3rd installment tonight? Not trying to pester you, honest, just trying to get a grip on my compulsive page-refreshing =)
No Lucy, I apologize, break in Waller case this afternoon, I have to be in court tomorrow on a different case, and if you can believe it, my HTC shorted for no reason, so I have no mobile juice in the downtime tomorrow either. Will get there, I promise.
B
@ATG:
What Blink said.
I won’t even go into the chain of custody problems.
Further, consider this. The case is concluded except for a probable post-conviction suspendend sentence violation. The defense is not obligated to share anything with the State at this juncture. Does anyone, even if this procedure were permitted and it clearly is not, think for a second the defense would turn over evidence to the State that would be inculpatory now? Well, Ellington apparently believes it. I mean does anyone who can think semi-critically believe so?
The defense is NEVER obligated to share any inculpatory evidence to begin with. I have no doubt that under the law they COULD be sitting on testing evidence they are not obligated to share in that regard, even under the rules of discovery, which do not supercede the standing order at the time.
So I called my friends that produce Jersey Shore. I am pitching West Memphis as their next designation.
B
I really don’t want to argue, but how many “quiet, polite” kids threaten to kill and eat their parents? The list of threats to others goes on and on. Are you kidding me? You disagree with some of us. We get it. But to post articles and quote things trying to convince us you are “right”, is insulting. This kid was way more than bipolar. And insane or not at the time of the crime…his ass needs to be locked up. Not roaming the streets.
My above post is @ baglady.
@ Morgan
Thank you friendy! I’m lovin yours, too. I was so close to buying a snuggie
Thank you for our one of kind, stitched with love, Blink Blankets <3
LOL LOL is that the cult robes?
My darling Mumsy has one I keep threatening to burn, until Blinkette was under the weather one time and we were there and Mom Mom wrapped her in it-
she wants one.
Must be my early heat flashes or something, teehee
B
So baglady says they were supposedly on their way to meet up with girls, and then K shows some tramscript of Miskelley stating he was wearing a plain greasy t-shirt? Does not compute to me, so I have my doubts he was out to meet girls.
well it is misconstrued anyway, his jeans were greasy, not the shirt, lol
B
“CJin TX said+
Thank you Blink for telling us Michael’s, Stevie’s and Chris’s story. Your love for these children and the others is simply astounding for I believe it truly comes from your gigantic heart and is dictated by no agenda or monetary gain. I look forward to the third installment and the truth. ♥ Stevie ♥ Michael ♥ Chris – Remembering your cherubs…”
——————————
Yes, Blink is doing this.
Am I comprehending this statement from baglady correctly “Susan, the defense didn’t ask for an Alford Plea. The state offered to let the guys out if they plead guilty.”
I swear it sounds like she is saying this whole deal was not the defenses idea….I have to be reading it wrong..right? Because Ellington very plainly spelled out the circumstances at the press conference on August 19th where he stated in part “I decided to entertain plea offers that were being [b]proposed by the defense[/b]. I NEVER considered ANY arrangement that would negate the verdicts of those two juries. Guilt or Innocence was NEVER ON THE TABLE.”
Baglady says:
September 7, 2011 at 11:11 pm
Thank you for addressing my post.
First, I want to make sure my comment wasn’t taken out of context. I said ‘many’ have jumped on the innocent band wagon b/c of celebrity involvement. Johnny Depp has a following, of course his fans are paying attention.
We can’t rule out Baldwin’s mother’s bath robe fiber found at the scene. It wasn’t ruled in either and I’m curious to know why that got a pass.
Regardless, we don’t have a problem with differences of opinion at BOC. One of our beloved, long time posters, Mom3.0 is still on the fence about this case. With respect, she has laid down her perspective, backed with facts and gently shared her feelings w/o attacking anyone. Our friend does her homework. If anything, weighing both sides is crucial to get to the truth, if that’s your intent (to get to the truth). Blink came into this not knowing anything about the case. She had no opinion or showed bias. She came into this with a neutral mind. I’m terribly bothered by your lack of respect and shutting down her hard work b/c you do not want to be, at least, open minded. That’s all she asked from posters. Agreeing wasn’t in the contract, just keep an open mind regardless of what she concludes. That is NOT being unreasonable.
This is where your posts push buttons. It’s not that you disagree, my friend. For the record, this is a victim’s advocate blog. Personally, my issue is the complete disregard of opinions that don’t agree with yours. I don’t understand why you’re even here. We can challenge each other without being confrontational and demeaning BUT storming onto a blog, with guns a blazin, stir the pot and expect to influence BOC posters. This is not that kind of site. You attract more flies with honey.
You’ve been given a stage to voice your perspective. I’m surprised you’ve been humoured this long. Personally, I won’t be acknowledging your posts anymore. I’ll skim by them. I can’t take them seriously with an attitude like yours.
Take all the time you need =) (not that you need my blessing to do that, lol). I should try and work on my patience anyway.
I need way more patience than I do time to update cases, in fact I think those two issue may be inexorably intertwined, indefinitely for me.
TY
B
Baglady says:
September 8, 2011 at 12:30 pm
“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.”
First of all, Baglady, and with all due respect, I don’t form opinions based upon hearsay or rumor. Show me the documented FACTS and give me access to the docs, which those such a Blink and Callahan have done.
My opinion as to the mental/emotional state of Echols, at the time of the crime and whether he was capable of such acts, was based upon the documentation provided by several mental health professionals who dealt personally with him, as well as several statements made by Echols himsel.
I couldn’t care less about what his girl friend had to say about him, or any other source for that matter whose own opinion could have been tainted by mere emotion, such as that of John Mark Byers, who’d have shot him in a heart beat and hung his head on the wall amid all of those slaughtered deer he had no problem killing. So please don’t accuse me of being swayed by rumor. It’s only been within the past few weeks that I have become convinced of his guilt.
Also, please don’t accuse me of wrongly assessing and judging him based solely upon his appearance, or whether I thought or think he is “weird” and/or creepy! My niece is one of the most precious people in the world to me, and over the summer we had a grand old time getting portions of her hair died red, purple and green as well as having her nails done up into the blackest black the tech had on hand! She’s as “Goth” as they come. Yes, I think it’s all a bit strange, but I wouldn’t trade her for anything! With her and her friends it’s a fad, of this I am certain because I know all of the goodness that is within her heart, mind and soul. There’s evidence enough that Damien was not anywhere near mentally or emotionally stable, and some of his behaviors (psychologically documented) fit the homicidal. You know where the docs are. Go read them again.
As for the “blood” fascination, give me a break! There are commonalities between the (then, who knows what they are now) mindsets and behaviors of Damien and the occult. Truth be told, however, I tend to think him as an occultic wannabe rather than a full blown Satanist or Wiccan. I’m working on digger deeper into how his mind worked and thus far see a blending that didn’t make him one or the other. At this point he seems little more than a foolish, floundering kid who found some aspects of the occult that not only fascinated him but that he could relate himself to.
All of this is just my opinion, of course.
Ragdoll, I just read your last post. You’re the best, you know? And yes, Mom3, where are you?
Our lovely friendly Mom 3.0 is like me, first week of school, and my switzerland will post when she is ready, and as much as we love her, we have to respect that.
I think I will have to devise a bat signal for her.
B
Blink, so long as she’s okay.
I hope all is well with Mom, it’s kind of lonely sitting on this fence I’ll tell you that.
After having read and re-read your articles and tons of information on the Callahan site I’m afraid given what the jury had at the time, I would have found the WM3 not guilty.
Now having said that I need to say this…I don’t like to bad mouth LE, they do a job that I could not do, but had WMPD backed off this case and let a more experienced team of LE take it over then maybe my opinion would have been different.
I still do not understand the luminol test results, it seems to me if there was evidence of blood and in some places a pretty good amount of blood, then there should have been blood splatter on a tree, a tree trunk, a rock…something. I also had to keep in mind that this testing was new and the people doing the tests could have made errors as well.
I wonder too if anything might still be under Michael Moore’s fingernails after all this time. He did have defensive wounds and DNA has come a very long way since then. I’m sure this has been brought up by the powers that be though….right?
Did the WM3 do this? Does Mr. Bojangles play a part in this as well…a victim or someone who accidently falls into the killing field? Find that man alive and you just may have the story of what happened that nite.
We just have to keep fightin’ the good fight ladies and gents.
For baglady:
http://callahan.8k.com/images/500/4/428.jpg
http://callahan.8k.com/images/500/4/464.jpg
Two of many. Please read.
Just checking back in tonight. I passed a liquor store today and it was advertising “Evan” and my mind immediately goes to Misskelley and the Evan Williams broken bottle match. He told the detectives in one of his confessions that he had been drinking Evan Williams the night of the murders and that he got sick and told them where he threw the bottle. Later a matching bottle was found exactly where he said he threw it.
Since we are talking liquor here…so many people say “well it was a coerced confession and was not accurate”. I feel the reason for some of that discrepancy was Misskelley was drunk off his butt when this stuff was going on. Of course you might be off on a few details. Add with that the fact that Misskelley even said he told incorrect details to throw the police off. So I think that argument shows those confessions were not coerced. All this notwithstanding the fact that he gives all the details of the crime as he is being transported to prison! I believe that’s when his low IQ comes into play!
One more liquor detail…this one concerning Echols. I read it somewhere (maybe one of the comments on here…not sure) and remembered it from one of the PL documentaries. I think they were waiting for the verdict to come in and one of the attorneys or somebody said “are you gonna get a beer after this whole thing is over and you’re free” and Damien said “No, no more beer for me!” Sounds an awful lot like he’s acknowledging that liquor is what got him into this predicament to begin with.
@Blink, 3, bold.
You are absolutely correct, of course. That was one major brain fart.
Replace “inculpatory” with “capable of a different interpretation” to describe what the defense will share now. This is all stagecraft now.
Yep. Absurd.
B
@Morgan
occultist wannabe is my opinion as well. It was my opinion he did it to impress a girl.
In “Almost Home” Damien writes about Lorri…
“She says I know everything, and is always amazed by the information I can supply on any topic she thinks of. The thing is, I do it just the dazzle her. I devour books by the boxful, just to impress her with what I know.”
He likes to impress his women.
Earlier tho, when he’s writing about Deanna (where it all went bad) he doesn’t go into what exactly he did to impress her. How DID he impress his little wiccan? The little wiccan that seduced him. The little wiccan that cheated on him then took him back after a violent attack on her other love interest. (violence turned her love ound?) The little wiccan he wanted to rescue from her parents…the little wiccan that ultimately rejected him.
hmmm….what do you do when a little wiccan that breaks your heart?
Notice the contempt he still carries for Wicca…(more from “Almost Home”)
“I began doing my own research into the realm, reading about it and even meeting a group of local teens who were followers of the religion. They were a good source of information, but I couldn’t stand being around them. They were all extremely flaky and melodramatic. I felt embarrassed for them, as they didn’t have the sense to realize how socially inept they were. Wicca is a beautiful religion in theory, but I distanced myself with anything to do with it because I couldn’t take the people. Many of them are people in their thirties and still trying to live and behave like teenagers. It seems to draw a great many people who cannot or will not grow up, and I have no time for such things.”
It doesn’t take much of a stretch to see how losing his true love might have caused him to turn to the darkside & kill younglings ifyaknowwhatimean. He didn’t want to end up in a trailer park with a kid…he wanted to be somebody. A bad somebody worked for him.
Excuse the misspellings…hard to check the long ones.
Wow…I totally tanked that post…
*violence turned her love around?* (in other words, she taught him that violence turned her on by accepting him back)
*hmmm….what do you do when a little wiccan breaks your heart?*
Hope you follow my hacked up psycho-analysis..essis (lol)
assay vs essay, I always say. I actually wrote that in a paper once, LOL.
Time for bed, that is my punchy speak.
B
Thanks Jack and Blink for answering my questions.
The first one about the defense was related to just what Blink stated. Pure silliness on the part of Ellington. He in effect was saying to the public “I made the deal and now anything you guys dig up just hand it over to the defense and they will take care of it”.
I know that anything defense digs up in the realm of evidence does not have to be shared with the state, unless they intend to use it in trial. Since the county and city are part of the state, I just used the State as a collective entity.
The people of Arkansas need to make soon noise regarding the deal. Write letters to the Governor, the justices on the Supreme Court and the media regarding their displeasure with this deal
Blink
I am sorry the HTC is dead. Is the warranty period expired? If not, call the provider and have them replace it. It is a valuable tool and you use it in your work. I would think that HTC, with its small market share, would not want it known that a unit was down to so important a customer.
Lol, I so heart u. One day, I will tell you the story of my first new car, foreign as it were, and the fact that I did not know how to start it properly and my Poppa also found a rust spot I apparently missed.
Mortifying. O, for any granddaughters out there, it is one for the books.
It is insured and under warranty and since I stood in Verizon for 2 hours today, I can tell you there are folks with way bigger problems, lol.
I hope your family tells you how much they value you, I suspect they do.
B
@Lisa Allen
Right with you on the “no more beer” comment. I believe he was on anti-depressants as well, correct?
*rejected by his true love (the one who likes him violent) and got him into all this occult crap
*expecting a baby with a girl he didn’t love & seeing his life going to hell in a trailer park
*desperate & determined to be something big, be special
Damien doesn’t do anything half-ass. He’s meticulous. If Deanna was into the occult, then he went deep. Personally, I don’t think she was just a white witch. Especially when she took him back after the fight. She might have been playing “ooo I’m dark” but Damien doesn’t play.
If he’d never met Deanna, he might have turned out okay. Done something else. I don’t see any record of him having any mental & delinquent problems until she came along.
@ Morgan says:
September 8, 2011 at 8:49 pm
Bless your dear dear heart, Morgan love. If I’m wonderful, it’s b/c of the company I keep on BOC. Y’all make me want to be better, do better and live better. I pray y’all are blessed 100 fold b/c of the love and friendship you’ve shared with me. Thank you for letting me be me…and giving me a voice. I love y’all heart and soul.
Be blessed, every step of the way ~~~~~~~
Would someone on this forum help me answer a question. If everything points to guilt, which I believes it does, how do you explain the motion where Echols’ attorneys ask that every single known item in this case be tested for DNA (including the semen stain)? This case leads me in so many different directions! One minute I’ll think overwhelmingly they are guilty, then something like this comes up. What do you all think of this request for DNA testing? If Echols committed this crime, which I of course believe he did, how does one explain his willingness to want every single thing tested? Wouldn’t he be afraid that something would be found to implicate him? If he’s guilty, why would he want to take that chance? Just can’t wrap my mind around this one. Would someone help me out on this one, please. Thanks.
@ christy says:
September 8, 2011 at 4:18 pm
I see your meow meow too. What a beautiful creature!
Computers, I swear, have a mind of their own.
@ATG, 22.
Thanks.
I can’t decide what is up with Ellington. I originally attributed his acceptance of a questionable deal to prosecutorial fatigue. I have seen this happen elsewhere. Then worse motives such as money and politics crossed my mind. My last assumption was incompetence based on that clip, which honestly is disturbing. He either is blithely ignorant or deceptive as hell or maybe both. None of those are good options.
B, God bless your dear Momma. Thank her, from us, for being the inspiration behind our ‘coat of many colours’. I will think of her every time I see my precious pink foofee <—–anyone see Madagascar???? Foofee is a blankie
<3
Love and light to her and the rest of family Blink. <3
snip snip
**********************************************************************
@Morgan-
I was thinking about this last night. A lot has been made about them being stereotyped as “goths.” Here’s the thing . . . I was that age at that time (well, in all fairness, I was a Jr. in high school in ’93) . . . we all did that. Much as big hair and tight Levi’s were to the 80′s, the teens of the early 90′s were all about flannel, Pearl Jam, and trench coats. I can’t speak for Tennessee, but here (in Oregon), it wasn’t that big of a deal to see a kid in a metal t-shirt with his nails painted black and/or sharpened. I was sort of a nerdy girl (who spent a lot of time with my books) and it wasn’t odd to see people like that, even in my social circles. I don’t think they were as much of “outcasts” as some might think. It was different from the 80′s though, so perhaps to people outside that age group, it was disturbing.
@K
“If he’d never met Deanna, he might have turned out okay. Done something else. I don’t see any record of him having any mental & delinquent problems until she came along.”
Well, for one thing, he had been complaining about disturbing hallucinations all his life, since childhood. He definitely had a history of mental problems before Deanna. I’m sure the relationship didn’t help him any, but I don’t believe it was the cause of his problems. They ran much deeper than that.
“She might have been playing “ooo I’m dark” but Damien doesn’t play.”
I do agree with this, though. And it made me think about another controversy of the case… Many people discount the stories of satanic activities at the time in WM completely, and claim it proves Jerry Driver was nuts. I definitely don’t think there was an organized cult, or anything like that, but I have no trouble believing there was a group of kids playing around with some vandalism with occult undertones, just to make it more interesting and to feel more “edgy”. But for the vast majority it was just fooling around, whiling the slow West Memphis days away. But Damien wasn’t playing around, because he already had a sick mind that he could superimpose this new shtick on.
As I said, Damien was already “broken”, and for a healthy person it would’ve only been a game. So I don’t believe that that’s what led to the murders or anything like that, and I believe he would’ve killed with or without it. But I just don’t see what’s supposed to be so absurd about those reports of occult-tinged vandalism happening at the time. They’re much reviled among supporters, but I don’t see why they’re supposed to be so unbelievable, and somehow supposed to prove Jerry Driver and Steve Jones were crazy.
@Lisa Allen
Great question! “If Echols committed this crime, which I of course believe he did, how does one explain his willingness to want every single thing tested? Wouldn’t he be afraid that something would be found to implicate him?”
Anyone?
I can’t answer your question, Lisa. But you made me remember how much I wish that the state had re-tested the blood from Echols’s pendant with modern technology.
Blick – I went to Callahan to read up alittle further on this case. I have bnever believed the hype surrounding this, and I had a question for. I read statements by Aaron Hutcheson and I was wondering what to make of his statements about “men”. He mentioned on two seperated sworn statements that the three boys had caught “men” (aka, WM3) having sex with each other and that this all happened because the boys had seen them, so they told them all to meet (premeditation) and they got them then. He also asserts that he was also hogtied but got away. Could he have truly been a 4th victim? Were his statements found to be untruthful? I have never heard of this “boy that got away”…..And since this is CLEARLY not an occult issue – could this have been teenage boys experimenting with their own sexuality along with occultism and were afraid they were going to be exposed?
Wow – my apologies for my horrible spelling Blink……I think faster than I can type.
@ Lisa Allen
In regards to the DNA testing, I don’t think Echols thought he had anything to lose. He was tired. Tired of prison and ready to either die or get out. If it came back against him, then he’s perfectly okay with being a boogyeman. If it came back inconclusive (which he has a good chance of because of the bodies in the water) then he gets a shot at getting out.
It’s a Hail Mary (imo)
As far as I can tell, they never recovered his trench coat. Correct me if I’m wrong please.
The important thing is that Echols wanted the urine in 2 of the boys stomachs tested. http://callahan.8k.com/images/motion/dnamotion06.jpg
Blink already pointed out how damning that is. The date Gitchell found out about the urine was AFTER Damien had mentioned it. You can’t leak info you don’t know.
@Lisa Allen. Here are two possible answers to your question. It could be one or a combination of both. 1. Echols WAS on death row. What did he have to lose? 2. Look at the list of things that were tested. The risk of any of their DNA being on these things was minimal. Anything taken from the bodies of the children was probably safe because they had been in the water. Other items like the Byers knife or the knife from the lake were low risk as well because the killer would know that they were never used to commit the crime. It is interesting that the defense did not ask for the pendant to be part of their DNA testing. I guess it would suck to know that you (or your rich friends) had to pay to test the evidence that ultimately reconvicted you in the court of public opinion http://callahan.8k.com/wm3/motions/de_jb_order_dna_testing.html
“So I called my friends that produce Jersey Shore. I am pitching West Memphis as their next designation.
B”
____________________
No shite? I’m clobbered.
Joke, they are back in Seaside.
B
NoLongerOnTheFence
Your question on DNA testing regarding Damien. This is just speculation. Damien read a lot. He may have found something to read about DNA while in jail.
The problem we have is, how do we know how much Damien really understood in the materials he read? Did he think that it took a large amount of tissue for testing? Did he even have any conception of how DNA matches were made?
This was the early days of DNA. If I am correct, it was only five years earlier that DNA was accepted in courts and used to convict a killer. Damien may have reasoned that he didn’t leave enough DNA at the scene to provide the court any proof that he was there.
Another reason could be that it would cost the state a large amount of money to test everything. Money the state didn’t have. If he wanted everything tested and the state couldn’t do it because of lack of funds, it would give him something to appeal if convicted. This scene would not have been his alone. The defense had to be involved.
All of the defendants in this case were really wards of the state. None survived soley on their own work. Therefore, they were defended by attorneys who were paid by the county or state.
Read the preliminary records regarding the trial. There is a hearing where attorneys were qualified and their fees and sources of fees were discussed and agreeed upon.
Hi everyone , this is my first post … I have been following this case off and on since I saw PL1 in 1996. For many years I was convinced of the WM3′s innocence. Very slowly , doubt began to creep in so here I am sitting on the fence – I will sit here along with Mom 3.0
Although I lean toward guilt now , I am not 100% convinced yet. I WANT them to be innocent, I WANT to know for certain who killed these three precious children but I fear we may never know. I am haunted by the crime scene photos and never ever want to see them again. It makes my heart ache to know what these boys went through before they died. More than anything else , I want justice for them, period. It is my hope someday …. Blink ,I have learned so much more from your analysis alone and I appreciate that you have taken the time to devote yourself to this 
It has been very informative to say the least.
Kindra, welcome to BOC.
Your post resonates. As sure as I am about my analysis, I am not arrogant. I would absolutely welcome the ability to be validated with some sort of indisputable proof.
This quasi-ending, if indeed it is one, satisfies nobody on either side, least of all my new intangible chattles, Stevie, Chris and Michael.
B
Paula
The fourth potential victum didn’t exist. This young man testified that he was tied with rope and several times under questioning he mentioned that he go away in 40 seconds. Granted the perps were teenagers, but if they tied him with rope, he would not have gotten away. Why he wanted to be a part of this crime may never be known.
We have no evidence that any of those convicted were ever in the Cub Scouts or Boy Scouts. Cub Scouts are taught how to tie some simple knots. In the Boy Scouts, there is a merit badge for learning to tie a large number of speciality knots in rope. However, boys often share knowledge with those that are not a part of Scouts. All of the convicted had some form of work experience. They could have learned to tie knots in either experience.
Thanks everyone for responses to my DNA question. This case is sometimes such a haunting mystery. I wonder if we will ever have all the answers. If someone could just get into Echols head…
Dear Blink,
What is your opinion on my previous post?
Also, I read that these guys will be on talk shows, etc. soon. Does anyone have specifics on this? I want to make sure I don’t miss them. Thanks.
Lisa, respectfully, I have addressed it, in a post to another comment.
Echols had money and nothing to lose. Finding something exculpatory would not change anything.
It is like if you have ever scuba dived, and felt the bends. You fight to get to the surface no matter what.
Nothing noble in that, it is survival.
B
@ Texas Grandfather, K, Honey B, etc.
I’m guessing with the push for “DNA analysis” the defense were asking a question for which they already had the answer… I like the Hail Mary approach, too — but I think Damien realized they were lucky enough that the crime scene was trampled and that evidence was poorly handled, if collected at all, etc.
The defendants must have been sitting there during the 1994 trial quietly breathing a sigh of relief as the prosecutors were holding up the wrong murder weapon. Once they knew items they were requesting to test for DNA were not going to lead back to themselves, they probably even started to feel cocky.
This whole saga is not going to end well for anyone. Now if only Jessie would use that coupon for “free sky-diving lessons” that Jason and Damien bought him…
Yep, skydiving lessons in the same field the tree falls over nobody hears.
B
Thanks Texas GRandfather for the response. It was my fist time posting here and I get alittle ahead of myself, so I apologize if my post was more of a rambling thought. I couldn’t figure out where this kid played into the whole scheme of things. It’s one thing to know the boys, but to say he was there when everything happened makes a different case altogether. I just couldn’t understand where he would have escaped, but the other three were unable to. His claims of 5 men (wm3 included) engaging in bizarre ritualistic type behaviors along with homosexuality also are a bit strange. I still think that there may be some truth to the above statement, but not necessarily him actually being there.
Blink – I’m not also understanding why one was so violently killed and the other two were beaten and drowned. What did that child do to deserve that heinousness? Do you or anyone else here have any theory as to why that occurred?
What The?
Blink, I leave for a few days and you redecorate the whole place?
Nice touch Blink- I am liking the “quilts” but my eyes will have to get used to some of the psychedelic colors- Wow!
As for mine-
Hmm- I know you said they are random but… IDK
What my quilt says about me-
Option #1
I tend to be open to others perspectives- as illustrated by the clear center square. I am soothing and not harsh in my approach as illustrated by the color.
I can be quirky and unpredictable and pleasant to have hanging around as illustrated by the design…
If you dont take the time to look closer- you just might miss something.
I am not flashy therefore I am easily underestimated- but KIM Switzerland has her points.
OR
Opt#2
I am a square– I lack substance-
I am like beige paint- or as close to it as possible without actually fading into the background… I am boring, dull and lacking that certain oomph- I drone on and on and on
Well Depending on the day Id have to agree with all of the above- LOL-
Good going Blinky-
TGF- thanks for your kindness. You are a true gentleman
Morgan- Hi it means a lot that you took the time to go off point to wonder about me- thanks.
Ragdoll- you will always have a special place in my heart.
cbickel- I am still here- still on the fence- I’ll scooch over so you can see me…See, here I am- Sorry I had to step away, Mommy duties… but I am still researching and thinking.
Kindra- hello and welcome out of lurkingdome- I have not moved to one side or the other yet…But I am taking everyones thoughts in – as well as thinking and rethinking Blinks hard work… lots of information to digest- especially for a newbie to this case…
Anyway- Just wanted to stop in to let Blink and everyone know that I am alive and well- and just REAL busy- Lots of interesting posts….I will be back to share more of my dull or insightful (depending how you perceive ‘em) thoughts ASAP-
Looking forward to reading Part 3 Blink-
OMG you are such a card, lol. You have been missed but the Mom stuff comes first, looking forward to your perspectives when your able
B
Before I go back to mommy work- I just wanted to say to paula- hi and welcome- AND that I too am bothered by Aarons statements- I wish I had more time – I’ll be back later though- there really are alot of great posts lately that have me wanting to jump into the discussion…
Anyway- thanks for sharing everyone. Keep on keeping on guys-
Paula 9.10.11 – 10pm
Blink – I’m not also understanding why one was so violently killed and the other two were beaten and drowned. What did that child do to deserve that heinousness? Do you or anyone else here have any theory as to why that occurred?
Paula, i don’t understand this also. I red Blinks posts once again yesterday trying to find something that shows their motivation in doing this. I conclude for myself that the crime wasn’t ritual nature as i thought first but i couln’d find nothing what could have explained the overkilling of one those poor boys.
@Lisa Allen
Or…..he wasn’t there, so he knew that his DNA wouldn’t be.
There is something I really don’t understand about this case. If these three really did this, and people were out searching in that area for the three little boys from 6:30 pm on, why is it that nobody spotted any of these three in the area? Nobody heard any screams or commotion going on? Nothing?
When Michael Moore’s sister went to find him for dinner, she said she saw three males come out of the woods, two black and one white. Did they ever find out who these three males were?
@ Loni, @ Paula
I’ve read your questions regarding the escalated violence to one of the boys vs. the others. For me, this is not difficult to understand at all. Three different perpetrators committed this crime. Each had a different boy in hand. I don’t have time to go over all the comments at the moment, or to provide links – I am sorry. But I do what to take a quick sec and answer. I know others have addressed these points better than I can.
WIth three different perps, it really doesn’t take a leap to understand that the injuries to each boy could differ. And, didn’t Jessie have to chase down his victim (believe this was Michael, but I haven’t had my coffee yet so I could easily be confusing names)? Thus, Jessie was a distance away from the others. And, as Jessie appears to be the only one to have had a conscience affect him about some of this at some point – I don’t think he was as capable of the extreme level of violence shown by Jason (think it was Jason that castrated Chris – but it was either Jason or Damien – I really need to have my coffee before posting!) Didn’t Jessie say in one of his confessions that he wasn’t going to do his victim like the others?
It’s really not a stretch to understand how and why there would be varying levels of injuries and/or violence to the boys. In fact, it makes more sense given three different perps attacking each of the boys. The reason Chris did not drown to death as did the other two is solely because he bled out BEFORE being dumped into the water. He was already dead, but his body was indeed treated the same as the other two upon dumping. Had he still been alive at that point, he would have drowned, too.
MOO: From reading all the info on Callahan, I get the sense Jason was the most violent of the three, followed by Damien, and then Jessie. Damien may have been the sickest mentally, but I think Jason very sick as well.
Sorry I can’t include links at the moment — I can come back later to do that. Hope this helps for now!
@ mikki- I agree about Jason. Damien’s mental issues were well documented and most view him as the ring leader. I have always thought of Jason as like that choir boy in the movie Primal Fear. Ed Norton played the part. The boy seems so innocent, stuttering, sweet, but in the end you see his “true colors.” This is how I think Jason is.
@Mom3.0
Option 1 gets my vote!!!! You have been greatly missed!