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Drew Kesse, Father of Missing Orlando woman Jennifer Kesse and Blink, Editor In Chief, www.blinkoncrime discuss her case with Host Dana Pretzer of Scared Monkey’s Radio “The Dana Pretzer Show”. Click Picture to listen to podcast of live interview.
West Memphis, Arkansas- On Wednesday May 5, 1993 three eight your old cub scouts and best buds Michael Moore, Stevie Branch and Chris Byers ventured into the RobinHood Hill Woods after 6:30 PM.
While their worried parents made numerous calls to police and actively looked for them in the area into the late evening, there was no sign of them in spite of neighbors going door to door. Unfortunately there was a shift change at the West Memphis Police Department, and no detectives were called in until the following morning.
That critical error by the WMPD is the start of a voluminous list of mishaps and negligence that would plague this case from the onset, and quite possibly earn Damien “Icky” Wayne Echols (a/k/a Michael Wayne Hutchison) Charles Jason Baldwin, and Jessie Lloyd Misskelley, Jr, a new trial.
I was asked to review this case and present my findings to a colleague who had been privately retained in this case, with the agreement that I would publish my investigative report regardless of the conclusions I reached
In the interest of disclosure, I am admittedly a big fan of Johnny Depp and Eddie Vedder and I wanted nothing more than to let them know they could count me in as the newest advocate for “free west Memphis 3”.
At the onset of my research, I thought it was pretty clear that there absolutely was juror misconduct in the Echols/Baldwin trial, which has yet to be ruled on for the defense team, and I agree that the same judge who heard the instant case should not have heard the appeal, especially in a capital case.
As a practical matter, lawyers, specifically defense attorneys, are charged with extracting the “guilt or innocence fact” as it relates to the crime and zealously defending their clients rights and presumption of innocence.
Conversely, the prosecution is charged with presenting a case they believe will result in a conviction of the indictment as presented, while adhering to the rules of criminal procedure under the Arkansas supreme court.
I think it is a fair statement to say that in both trials, neither endeavor was accomplished and we should all be uncomfortable with how it could threaten our collective rights under our constitution should it go unaddressed in general, and not just in this case with these defendants.
The larger issue at hand, is changes to DNA statutes and the states plain language misapplication of the “actual claim of innocence” under rule 37.
Simply put, it means that the new evidence, testing, the evidence of any jury misconduct, when evaluated with all other evidence both inculpating and exculpatory whether or not it was presented at trial, is a second bite of the apple- FOR BOTH SIDES.
The burden, however, is on the defense to argue that a new jury would likely acquit all three based on the totality of that evidence today. It should be noted that the Supreme Court will rule on this hearing as to whether or not a new trial is warranted giving EQUAL weight to direct, physical and circumstantial evidence, which is also the charge to a jury.
I support the hearings to begin December 5, 20011, with cameras present because I believe in transparency and the law is clear that it provides for “higher burdens” in capital cases.
I purposely studied trial transcripts pleadings and filings in advance of all actual evidence and exhibits because I did not want any basis I had for procedural errors to influence my opinion.
My advance apologies for those reading that are new to the facts of this case for leading with the caboose, there is a method to my engineering.
To an extent, I can bifurcate the issues of guilt or innocence vs. our rights under the constitution to due process.
I am less open to it given the recent verdict in the murder trial of Casey Anthony, where the similar problem but different verdict of no direct physical evidence tied to the accused resulted in her jury acquittal, but that is not the only topical comparison one can make between these two cases, more on that in the final installment of this series.
The HBO Series Paradise Lost, a documentary filmed by Joe Berlinger & Bruce Sinofsky’s company Creative Thinking International with the full participation of both the prosecution and the defense, paid for a portion of the defense of Echols and Baldwin directly to their lawyers and to them by way of a trust in the name of their attorneys. Once the victim’s families learned of this, each of the victim’s families was paid an undisclosed honorarium for their participation in 1994, prior to its airing in 1996.
Although Baldwin and Echols benefited financially from the arrangement, they sued their attorneys Dan Stidham and Val Price for ineffectiveness of counsel and conflict of interest.
Loosely translated, they have accused them of not hiring defense expert witnesses and well, ineffectiveness.
It is due to that ruling we are sort of “where we are now.
That said, the funding for expert witnesses for these proceedings have been and continue to be paid in part by Arkansas Take Action (ATA), founded by Lorri Davis, Echols wife.
The major celebrity fundraisers and contributors to West Memphis Three via ATA cite “Paradise Lost” as the impetus for their personal advocacy and sponsorship.
I can’t say that I would have blamed them then, as it was not until the series aired, and the “slant” of innocence of the accused by the producers became known to the prosecution and the families, and all but one family member of one of the victim’s declined participation in its sequel. Naturally my first reaction to various organizations, including ATA post conviction fund raising for the defense of 3 convicted murders was a violation of the son of Sam law.
Not in Arkansas. A convict can use funds raised on its behalf for its defense. Let’s hope recently elected Senator David Burnett, the former judge on this case has amending that law on his action item list this year.
Last November, In response to a united appeal decision by the Arkansas supreme court, previously denied by the circuit court in 2007 and argued by famed attorney Dennis Riordon on behalf of Echols, Baldwin and Misskelley, the west Memphis three were granted a new evidentiary hearing to take place on December 5, 2011 based on further DNA, fiber and hair analysis.
It is the goal of the defense team to use the hearing to win a new trial.
Last month, the case status update reports new DNA findings exclude all three suspects. There are 2 spots on a victim’s shoe that are the profile of a common unidentified male, and another spot with a different male profile.
It is the defense’s position that this exonerates Echols, Baldwin and Miskelley, because it does not belong to them, which was stated similarly in just about every news article as well.
It does nothing of the kind, as there were over a dozen WMPD personnel on scene who could absolutely be the origin of the DNA.
The defense claims it is “not their job as a defense team” to establish whose DNA it is.
While that is true, presenting that evidence as exculpatory has already been addressed by the court on it’s own merit. Consideration by the court of this evidence, and all other evidence whether presented at trial or not is in effect, giving the state the power to decide guilt or innocence and makes the rule 37 “ruling” moot.
This is a very wide berth for both sides, and in this author’s opinion, a “be careful what you wish for situation” for at least one defendant, if not all three, ultimately. (more…)
In an 18 page ruling this afternoon, Chief Judge Perry denied Casey Anthony’s requests through her counsel Jose Baez and Cheney Mason.
She must report to probation in Orlando at the Department of Corrections by August 26.
Orlando, FL- I thought my chapped skin was over.
Read, shower, repeat.
Write, ignore call from editor, shower, repeat.
The OCD I developed during the case of the murder of Caylee Anthony by her TotMom, The C word, continues.
Anger over the death of an innocent child is understandable, fierce loathing when the accused is her Mother, is justified.
What is not, is the minutes of our day one devotes to the C word.
Angst is power, nobody will argue that. What is decidedly MOST powerful, is quitting Casey.
Images of fake checks with non-existant banks and non-existant companies are hitting the web to act as a barometer of the public’s interest and acceptance.
The porn industry rescinded an offer to C word, if that does not say it all, I don’t know what does. Let’s say they tend to be a less judgemental crowd on occasion.
I am calling you out. I am calling me out.
Quit caring. Quit Casey = Cashless Cow
If you want to be a color form in this girls chloroform play set, I cannot stop you.
What I can tell you, is that these payday wannabees have been Trumped.
Literally.
Between The Donalds’ hair being real and him getting a look up President Obama’s unmentionables bearing a birth certificate on a whim, who do these ilk think are going to give them “equal time”?
IT IS WORKING. REPEAT. IT IS WORKING. WE ARE WINNING.
Even Rupert Murdoch says “If a single person in my US offices so much as says that *%?#/’s name out loud it will make Rebekah Brooks stay in the big house look like a debutant cotillion, whatever that is.”
Here’s what happened:This is the most notorious and nationally covered case since The O word, and this felon and her counsel can’t get a legitimate network meeting.
Yep. The Moral leprosy crew are singing for supper. Industry insiders will tell you that the rumor mill has produced a steady call of public outrcy at the mere notion their firms would consider any deals with Cword or her defense team, and the existing artists threatening to walk if they do.
Simply put, it is tantamount to scheduling a tsunami in your lobby. Not even Don Draper could pull that off.
Ms. Folmer, reached from her latest promotion to washroom hand towel service had this to say:
Due to my journalistic integrity and because nobody told me we could not cancel a check after a verdict, I was wondering if I could fill a role in Jackass4 or Roller ball 10. I look forward to meeting the jury members, your among friends.
Late this morning, calls to THE BAEZ LAW FIRM for comment have not been returned.
A woman answering the phone at Jose Baez’s office who declined to be identified, told Blink, Editor In Chief of www.blinkoncrime.com:
Good Luck getting a call back, he has been sitting in his office for two days hitting the redial button to the News of The World Offices trying to get a live person on the phone. He is convinced he can swing a deal with somebody over there. Any Suggestions?
Sure, I answered, tell him to hit the O button, and just keep holding, they have a very busy switchboard.
Don’t miss Blink on the Dana Pretzer Show on Scared Monkeys radio discussing what is next in for Casey Anthony. Will the civil cases be more successful than the criminal trial? Will Casey rake in the profits from her deceased daughter Caylee? What about Caylee’s Law … What will Justice for Caylee ultimatey look like? Also, other guests will be Alafair Burke, Dan & Gil Harrington, and Mile McIntyre.
LISTEN TO THE DANA PRETZER SHOW TONIGHT LIVE AT 9PM ET ON SCARED MONKEYS RADIO
Dana welcomes special guests:
