WEST MEMPHIS THREE ON 48 HOURS

Categories: Essays
Written By: Billy Sinclair

Let me state at the outset I do not know if Damien Echols, Jason Baldwin, and Jessie Misskelly are guilty of the brutal murders of three eight year old boys: Stevie Branch, Michael Moore, and Chris Byers. The murders occurred in May 1993, apparently at or around a local playground known as Robin Hood Hills in Crittenden County, Arkansas where children were known to play. The playground at the time was near a major interstate. The horrible nature of the murders shocked the rural West Memphis community, and the crime was quickly linked to “satanic cult” worshipping and sacrifice (both of which were part of a national media craze in the early 1990s).

            And that’s where Damien Echols came into the picture. He was a troubled teenager who always dressed in black, wore his hair in styles similar to “Satan worshippers,” and had some serious psychological problems. In fact, a local juvenile probation officer named Jerry Driver who was assisting the police at the crime scene immediately tagged Echols at the crime scene as the person probably responsible for the murders. Perhaps it was Driver’s initial assessment of the crime scene itself or the official belief that the murders of the young boys was tied to Satanism which prompted the local police to round up, question, and even polygraph a number of West Memphis teenagers, including Echols.

            The public record in the West Memphis Three case suggests Echols actually requested a polygraph examination which, according to the police and the polygraph examiner, revealed the teenager was being deceptive about his alleged involvement in the crime. But these findings are subject to critical debate because no written record of the polygraph examination was kept, leaving its conclusion in serious doubt. But the “deceptive” findings of that initial polygraph examination, and the fact that Echols had reportedly boasted in the presence of others about his involvement in the murders, led the West Memphis Police Department to believe Echols and his two frequent associates, Baldwin and Misskelly (who was, perhaps still is, borderline intellectually challenged) were responsible for the murders.

            This is where the case takes its most incriminating turn against the West Memphis Three. With the approval of Misskelly’s father, the police took the teenager into quasi- official custody at which time he confessed, primarily pointing the finger of blame at Echols and Baldwin. All three teenagers were arrested and charged with the murders of the young boys. While Misskelly has recanted that original confession, claiming it was the product of police coercion, six months later he confessed a second time in much greater detail to the police in the presence of his attorney and against his attorney’s advice.

            Misskelly was tried first and separate from Echols and Baldwin. He was convicted and sentenced to life imprisonment and two 20-year terms. Echols and Baldwin were tried together with Echols being found guilty of capital murder and sentenced to death while Baldwin was spared the death sentence and given a life sentence.

These convictions and sentences occurred in 1994. Two years later HBO aired a documentary about the case titled Paradise Lost which cast grave doubts on the guilt of Echols, Baldwin and Misskelly. The documentary was the spring board for national and international support for the three convicted murderers who became known as “West Memphis Three.” The case became a cause celebre for stars like Johnny Depp, Nathalie Maines, and Eddie Vedder. Another HBO documentary and at least one book would be devoted to establishing the innocence of the West Memphis Three.

In their zeal to establish the innocence of the West Memphis Three, supporters for the trio have been shockingly irresponsible in pointing the finger of blame at other people as the probable killers of the three boys. First, there was the possible African-American man who was seen by employees of a local Bojangles’ restaurant on the evening of the crime at the restaurant. The restaurant was located near the bayou in Robin Hood Hills where the bodies of the three boys were found. The black man was reportedly dazed, covered with blood and mud, and went into the ladies restroom. The employees called the police who responded to the call but did not fuly check out the information. The following day the restaurant’s manager called the police a second time when the bodies of the young boys were found, operating on the premise there may be a connection between the two events. This time the police took blood scrapings from the walls of the restaurant’s restroom but it was later carelessly lost or deliberately destroyed. No one knows for sure.

Supporters for the West Memphis Three labeled the bloody African-American man as “Mr. Bojangles”—a moniker reminiscent of the Old South. Contrary to what some of the West Memphis Three supporters believe, I don’t think the local police deliberately destroyed the “Mr. Bojangles” evidence just so they could convict three local white teenagers for this unspeakable crime. If the police even remotely believed the mysterious black Mr. Bojangles was connected with the murder of three white kids, they would have devoted every law enforcement resource in the State of Arkansas to make a case against him (or any black man they could ‘frame” as him).

The next person who became a target of the West Memphis Three supporters’ “red-herring” blame game was Mark Byers, the step-father of Chris Byers. Police took some photographs of the boys’ bodies shortly after they were found. One of these photos indicated a “bite mark” was left on at least one of the victims. This was the conclusion drawn by HBO’s second documentary, Paradise Lost 2. The fact that Mark Byers had all his teeth extracted and replaced with dentures after the murders was enough “evidence” for some of the West Memphis Three supporters to conclude he was either the killer or somehow connected to the murders. And the fact that Mark Byers gave the HBO producers of the first Paradise Lost documentary a pocket knife which was discovered to have a speck of blood on it added to the clamor of his guilt, even though test results on the blood proved inconclusive. And the fact that Byers has some “garden variety” violent episodes in his past (accusations by a former wife that he assaulted her, for example), which are woven into the cultural fabric of the South, added fuel to those who believed he was involved in the murders. It didn’t matter that Byers eventually took and passed a polygraph examination which cleared him of any involvement in the horrible crime, or that he was eliminated as the source of subsequent DNA evidence discovered at the crime scene—some still believe he did it..

And, finally, the West Memphis Three supporters, including the mother of one of the victims (Stevie Branch) pointed the guilt finger at Terry Hobbs. Pam Branch is now estranged from her former husband, Terry Hobbs, and there has been a lot of animosity associated with their estrangement. The basis for the guilt finger being pointed at Hobbs is a strand of hair found in the ligature which bound Michael Moore and proved to be consistent with Hobbs’ hair and another strand of hair found nearby which proved to be consistent with the hair of a friend of Hobbs, David Jacoby. This was enough to make the local police some fourteen years after the crime  question Hobbs about the crime and later declared he was not a suspect. Still, Stevie’s mother has concerns about Hobbs’ involvement because after the murders she found a pocketknife belonging to her son in Hobbs’ personal belongings—a knife the boy carried with him everywhere. Hobbs recently told CBS’ 48 Hours host Erin Moriarty that he took the knife from Stevie before the crime because he didn’t want an 8-year-old walking around with it.

Based on what I have read and viewed about the West Memphis Three murders, particularly the latest 48 Hours program, I do not believe one person committed the crime. It would be hard for one person to corral three 8-year-olds and slaughter them with a knife or a blunt instrument and hogtie them in the manner they were found. It’s possible but not likely. That certainly eliminates the “dazed and crazed” Mr. Bojangles who was so messed up he couldn’t even control his own bowel movements. And I don’t believe the step-fathers did it either. Just because Mark Byers got his teeth pulled and replaced with dentures after the murders and may have slapped a former wife certainly does not translate into enough evidence to even suspect he slaughtered three innocent children, one of whom was his own stepson. And Terry Hobbs didn’t do it—and for anyone to believe the two strands of hair found at the crime scene which are consistent with Hobbs’ hair and the hair of one of his friends is sufficient “evidence” of guilt is out of touch with reality and knows very little about forensic evidence.

Did the West Memphis Three commit the murders? I don’t know, but I do know there is more “evidence” indicating they did it than anyone else so far tagged as a potential suspect in the case. There’s the two Misskelly confessions, there’s the possible failed polygraph examination by Echols, there’s Echols own boasts that he participated in the killings, and there’s the serious psychological disorders Echols was suffering with at the time of the killings. But even this “evidence,” taken in its totality, leaves plenty of room to doubt the involvement of the West Memphis Three in the killings.

Having said that, I must say quite strongly that Echols and Baldwin are entitled to a new trial. It has been indisputably established that one or more of the jurors who convicted them were influenced by Misskelly’s confessions. In effect, the Echols/Baldwin jury relied upon evidence not presented at their trial and which was not subject to cross-examination. The law is clear on this issue: a reversal of their convictions is mandated.

Of course, a reversal of the Echols/Baldwin convictions could lead to an unholy result. They could either be set free because the State elects not to retry them due to the high-profile nature of the case or they could be acquitted by a jury. This would leave Misskelly as the only convicted defendant in the case—the alleged mentally retarded individual who stepped up to the plate and accepted responsibility for the horrific murders, assuming he and Echols and Baldwin committed them, locked up in prison with a life sentence and two 20-year sentences while the other two are walking free. Talk about a miscarriage of justice.

I would suggest that supporters for the West Memphis Three, some of whom have deep money pockets like Johnny Depp, hire a litany of experts to have Echols and Baldwin undergo truth-seeking examinations: a polygraph examination (the results of which would be maintained this time), hypnosis, voice stress analysis, and psychological examination designed to detect deception. If the two men pass these tests (and any other their defense team could put together), their supporters would have credible evidence to present to the American public that the two men are, in fact, innocent of the horrible murders for which they stand convicted.

Personally, I have a number of questions after viewing the recent 48 Hours program. Why didn’t Erin Moriarty interview Baldwin? Why didn’t she interview Misskelly? Why didn’t she ask Echols, whom she did interview, if he would be willing to undergo a polygraph examination at the program’s expense? The program, I suspect, was set up to give Echols and his supporters an opportunity to make an uncontested argument for his innocence and to point the finger of guilt at the three other possible suspects, Mr. Bojangles, Mark Byers, and Terry Hobbs.

The one thing 48 Hours got right about the West Memphis Three case was to call it a “mystery” and one not likely to be solved anytime soon. One other thing is also clear: Damien Echols and Jason Baldwin should be given a new trial based upon juror misconduct and let the chips fall where they may afterwards.

 

http://www.cbsnews.com/stories/2010/02/27/48hours/main6251328.shtml

http://en.wikipedia.org/wiki/West_Memphis_3

32 Responses to “WEST MEMPHIS THREE ON 48 HOURS”

  1. Cheryl Stafford Says:

    you did not mention that Jessie misskelley and Jason bold win aft er there conviction were asked to point the finger at Damion for a lesser sentence and both declined also why was a hair found on Michael moor who was not the stepson of terry Hobbs i know about transfer but that’s a bit of a stretch and knife the child had that was found in his possessions why would he not of gave it to the mother for a keep sake i find that very interesting the fact that she found is the point hear not to mention he shot her brother who later died of those wounds and mark Byers step son is found murdered and later his wife found dead in her bed no apparent cause he must be one unlucky guy what say you.

  2. june miller Says:

    I think that the things you say would be much more credible if you would learn how to spell and use punctuation.

  3. Ellis Ahuja Says:

    I am not surprised rather shocked to read American history of crimes and conviction of innocents’. It is shame, a stigma on the forehead of a free, most progressive and economically advanced country. why can’t we have just, and impartial justice for all . Defender of justice are blind but not deaf ; . why haven’t those innocent been exonerated . They have suffered for no fault, like many others . Is this American justice? Poor, innocent have to fight all their life to prove their innocence. Law is well established that one is innocent till proved guilty, but it seems every one is guilty until proved innocent . there are many rich ones who have never been punished for murders and other crimes and poor are convicted and punished, even excecuted despite being innocent . Is riches a qualification or proof of innocence and poverty proof of guilt?

  4. Ellis Ahuja Says:

    I am not surprised rather shocked to read American history of crimes and conviction of innocents’. It is shame, a stigma on the forehead of a free, most progressive and economically advanced country. why can’t we have just, and impartial justice for all . Defender of justice are blind but not deaf ; . why haven’t those innocent been exonerated . They have suffered for no fault, like many others . Is this American justice? Poor, innocent have to fight all their life to prove their innocence. Law is well established that one is innocent till proved guilty, but it seems any one is guilty until proved innocent . There are many rich ones who have not been punished for murders and other crimes and poor are convicted and punished, even excecuted despite being innocent . Is riches a qualification or proof of innocence and poverty proof of guilt?

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  6. Valentin Haugabrook Says:

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  7. Ed Teadh Says:

    I think it is funny how supporters can see a hair as enough evidence to show guilt but all the evidence against the three which is much more is only circumstantial.
    I really think that celebrity’s getting involved to me anyway does more harm than good. I guess I can’t save the world I don’t sing folk songs. Echols was more than a black wearing targeted kid. He had sociopathic tendencies’ if you watched the movies during the trial. He did more to sink himself than anyone else. Combing his in the mirror in a obsessive manner during a capitol murder case showed indifference for his situation and the murdered. The way he laughed and his attorneys had to try to being him to reality when he said he was day dreaming on the stand and no paying attention was classic sociopath. It takes a sociopath to do what was done to those kids. An indifference to the suffering of others, and Baldwin fit the bill of someone who would follow his leader Echols. Couple this with the boarder line retarded lackey that would do what he was told and you have the mix of personality that could commit the crime and had the man power to do so. Celebrity activism like in this case and others like free Mumia when the evidence points to them more than anyone else is sickening.

  8. jerry price Says:

    fuck that them three boys are innocent, its the damn step father who needs to be shot in the damn head for killin them kids. set them boys free. and make sure that step father never sees the light of day again!!!

  9. Shirley Horne Says:

    I agre the stepfather should be the one in prison and they need to let them boys go they have already done enough damage to them.

  10. snowbird Says:

    I don’t get it. I found dozens of sites to free these 3 on nothing but “hearsay,” or what was published on their so called innocence. Lots of cursing or filthy language..and that in itself explains a lot. Not to mention dopers like Johnny Depp standing up for them…oh and lets not forget the self proclaimed devil worshiper Marilyn Manson..and the one Dixie chick who just adores the limelight. I searched online for over 3 hours to find the truth about all this “lack of evidence” and found court records, conversations, and plenty of evidence against these 3. When I watched the first film I knew they were guilty then. You don’t have to be a rocket scientist to figure out the truth of what really happened. But the worst part of this for me is the lack of compassion or hardly a mention of those 3 little innocent boys. Its a heyday and a circus of arguments, disagreements, fights and opinions. I want justice and I want this over with. I want these young boys to rest in peace. The true judgment for this case is already in…a much higher court will deliver the correct sentence in time..take my word for that.

  11. Alvin Says:

    What really. Bothers me is while these innocent men sit in jail the murdering stepfather of one sits free and everyone is so caught on cults satanic worship and whoopyty whoop whatever else. I was 13 when I saw the first movie and I knew it was the stepfather, now they have evidence and still won’t convict him. This really urkes me. These guys were an easy target for an open shut case. Rediculouse I mean listen to hobbs long enough its common sence, he talked about what he would do to them if he could get his hands on em. That was all a bunch of BS to keep the attention off of his sorry ass. Sometimes laws fuckin suck these guys r gonna lose there whole life before they decide to get the guy or guys that really did it and when its all said and done all they will get is I’m Sorry fuckin stupid ppl make me sick

  12. Rednecks Suck Says:

    Snowbird, you are a complete.. well moron. I quote “when I watched the first film I knew they were guilty then”. You watched a film showing no evidence against those 3 boys whatsoever. There was no DNA/hair/eye witnesses.. nothing to put them at the scene, nor convict them of murder. They are in jail because of police pressure put on young kids forcing confessions by innocent boys. Even if they did it, which is highly in question, there is no evidence, not even circumstantial. Seriously grab a brain before you decide someone is guilty of murder.. idiot.

  13. David Perry Davis Says:

    Please, Steve — do not ever again link Mumia Abu Jamal to the West Memphis Three.

    Mumia is guilty as hell. There were 4 independent witnesses who saw Mumia kill Faulkner, 2 of whom saw him give the coup-de-gras shot, his jury had 3 blacks – and was picked by Mumia himself. The gun used to kill Faulkner was lying next to Mumia. There was powder residue on his jacket. What the hell more do you need?! MUMIA IS GUILTY AS SIN – WAKE UP.

    Linking Mumia with the West Memphis Three does nothing but turn off people who have read the record and know Mumia is guilty.

    Anyone interested in the latest on the West Memphis Three should come on over to wm3blackboard dot com and join the discussion. The website is run by one of the victims’ fathers (one of the loudest supporters of the WM3).

  14. David Perry Davis Says:

    Doesn’t appear to have come through – sorry if this is a re-posting:

    Please, Steve — do not ever again link Mumia Abu Jamal to the West Memphis Three.

    Mumia is guilty as hell. There were 4 independent witnesses who saw Mumia kill Faulkner, 2 of whom saw him give the coup-de-gras shot, his jury had 3 blacks – and was picked by Mumia himself. The gun used to kill Faulkner was lying next to Mumia. There was powder residue on his jacket. What the hell more do you need?! MUMIA IS GUILTY AS SIN – WAKE UP.

    Linking Mumia with the West Memphis Three does nothing but turn off people who have read the record and know Mumia is guilty.

    Anyone interested in the latest on the West Memphis Three should come on over to wm3blackboard dot com and join the discussion. The website is run by one of the victims’ fathers (one of the loudest supporters of the WM3).

  15. WEST MEMPHIS THREE AND POSSIBLE INNOCENCE Says:

    [...] chronicling most of the essential facts about the horrific crime for which they stand convicted (here). But I will restate the crucial facts for the sake of this post. In May 1993 three eight-year-old [...]

  16. WEST MEMPHIS THREE: ANOTHER LOOK Says:

    [...] the “facts” in the case. The supporters suggested that my core factual presentation in my two previous posts was not entirely “accurate.” Their primary concern was about my assertion that despite all the [...]

  17. THE CASE AGAINST THE WEST MEMPHIS THREE Says:

    [...] case which have garnered significant interest, and criticism, from West Memphis Three supporters (here, here, here and [...]

  18. Trixie Says:

    I didn’t know abusing your wife was a “garden variety” offense. That shows how much you know about domestic violence. Any man who hits a wife or kid can do just about anything. If they go that far, what’s to stop them from going further? The majority of people are not abusive so that tells you something about that man’s personality. I’m not saying he’s guilty but for you to pass off abusive behaviour as something that is no big deal and happens in the south makes me sick. Do your homework and read The Devil’s Knot, a book about the case and then tell me there is any evidence at all. As for the confession, I have a 20 year old son and believe me, they will tell you want you want to hear and they are very easily coerced. Most boys that age could not stand up to the pressure put on them by the police. They would crack, trust me.

  19. sally Says:

    This is very interesting to say, but hair at a crime scene to me is a big deal, Hobbs the stepfather, claimed he did not see the children all day so how did it get there? Also it was said he went to pick his wife up at 9 at night from work, and she asked where her son was. What type of person who is a parent would not be worried about their 8 year old son. A guilty person.

  20. sally Says:

    This is very interesting to say, Hair at a crime scene to me is a big deal especially when the step father claims he had not see his stepson all day. He cared so much about his son where he stated he took the knife away because it was dangereous. Why would not that same caring nature call the mother of the son and let her know that he has not seen him all day, and he does not know where he is at. Instead he casually goes and picks her up from work at 9 at night and she has got to ask where he is at. When was he going to start worrying about his 8 year old son.

  21. A Says:

    You haven’t followed this case from the beginning, it is apparent. You should probably do more research before you write a blog like this. First thing – “Robin Hood” hills is not a playground. Get your facts straight and dig further before you do something like write this.

  22. Billy Sinclair Says:

    You’re correct I have not followed the case from the beginning, but whether or not “Robin Hood” hills was a “playground” or a place where children sometimes frequented. I analyzed the possible guilt/innocence of th West Memphis Three based on the evidence presented at their trials and other evidence that has been disclosed since their convictions. I have advocated that they should be granted a new trial, but I stopped far short of saying they are “actually innocent.” That’s my story and “I’m sticking to it.”

  23. Mimi Says:

    Morning All. I am disappointed in how they will let those 3 men leave tie them up too the lie ms hen too see if they lie only God knows when there lowing those presus boys will sleep until Jesus will wake them up it is making me sick when sweet little children die. Mimi

  24. Miss V Says:

    They are innocent and now freed. Thank God.

  25. RedZack Says:

    If they find out the truth and have to declare them not guilty, the state will have to pay lots of money to these 3 men.
    Also they have to admit that they stolen them 18 years of their life, that they did a horrible mistake, and almost “murdered”one of them, since he had the death sentence. All that will question the justice system and make the judges guilty of a crime too.
    And thats why nobody wants to allow a reworking on the case.

  26. WEST MEMPHIS THREE PLEAD GUILTY—ALMOST Says:

    [...] in West Memphis, Arkansas in May of 1993. I have posted five articles about this case on this site (here, here, here, here, and here). In those posts I expressed a troubling belief in the guilt of the men [...]

  27. Dannybohy Says:

    Billy , thank you for the Blogs! glad to see someone can see past the BS documentries and Celeb worship!

  28. chloe Says:

    I viewed this case with a completely open mind not to be swayed one way or the other and to make up my own mind.To many mistakes were made in this case to get any conviction against anyone ..Evidence was lost,misplaced and destroyed.A lot of circumstantial evidence was inaccurate and now some of the main witnesses have said that they lied.Damien’s behaviour in court was troubling to say the least but as he has a very high IQ I do feel he felt indifferent to what was happening around him.I also remember feeling indifferent and smug through my teenage years.I thought i knew it all (what teen doesn’t)and i also dabbled in wicca I had a alter in my bedroom ..I have since grown out of that like most teens do Damien being no different.This case is a reminder to every prosecuter and defense attorney and police officer what not to do ..They also questioned selected people often skipping suspects or failing to find them

  29. Sasha Fierce Says:

    Billy Sinclair?…hmmm
    When you are in a hole…stop digging!

    Mr Hobbs, oopps I mean, who ever the killer is should pay for the horrific killing of those little boys and for the suffering that he put the West Memphis 3 in!

    Mr Hobbs, oopps I mean, (I dont know why I keep doing that..silly me) Mr Sinclair…keep digging u will get to where you deserve

  30. Georgey Says:

    It really bothers me to think that people actually think that the police coerced Misskelly into a confession. Please just think about it. BTW Misskelly NEVER said the police treated him badly or were going to give him a deal. He just said they told him to say it. Now, I don’t care that he was mentally challenged (he is not retarded), you just would never admit to murdering three 8 yr olds if you are innocent. Even after 12 hours of intense questioning. What, you just give in and say I can’t take it anymore, yes we did it??? YOU JUST DON’T ADMIT IT if your innocent. Not the first time he gave it up and not the second time (in detail).
    Take a listen to his confessions he was very calm and knew exactly what went down.

  31. Reply to Georgey Says:

    There was more evidence never mentioned here…I agree with Georgey… I dont care what anyone “tells” me to say… I would not confess to something i did not do…especially murdering three boys…Did he think by confessing, they would be like, Oh, okay, well now that we have this sorted out, you can go home…He wanted to go home…Okaaaaayyy? How was that going to do it exactly?! The boys are walking free, and I hope that someone does to them, what they did to those boys…They had no sympathy for the families, at all, during the trial. I did not know them, knew nothing about them, but this broke my heart, and they were more worried about pointing fingers at EVERYBODY else, the prosecution, the step dad, this person that person did/said this or that… than what happened to those boys… Did they have an alibi? Cuz I have searched over and over and over so many pages, just looking for an alibi, and I find NO WHERE at ALL where ANY OF THEM have ANY alibi?! I would like to know if they ever had one… I really would…They say they are innocent, but I have yet to see what in the world can prove they did not do it…I see all this evidence that shows that they could have, or did…Cuz to me, the fact that all three of them lack an alibi for the time frame given in these murders shows a LOOOOOOOOT about it…Not a coincidence…confession plus not having alibis…

  32. Brenton Says:

    Concerning coerced interviews. It is a reality and I just watched another documentary wiuth 12 yo boy being interviewed . again they only showed the child at the end of the interview who had to confess to the murder of his brother. On camera when hyis mom came in he was to9ld to tell the truth to his mom. He quickly whispered to his mom sonething and then proce3eded to admit the murder.,. Anyway to cut things short , he whispered I am going to lie to you mum.” Before he confessed. It was proven the kid did not do it and was under police pressure for hours to come up with the words the police wante…

    Also the biggest evil in the world is religion. without religion bad people will do bad things and good people will do good things. With religion good people will do bad things. And accusing the innocent because they do not follow christianity is simply bad.

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