LITTLE ROCK, Ark. (AP) — A judge on Wednesday rejected claims that DNA evidence clears three men convicted of killing three 8-year-old boys in 1993 and denied their requests for a new trial.
Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley — known to supporters as the "West Memphis Three" — had argued that new DNA tests would prove their clients' innocence.
Both Baldwin and Misskelley claimed their lawyers failed to adequately represent them during trial. Their lawyers said DNA evidence provided by Echols' defense team showed that the men did not kill Steven Branch, Christopher Byers and Michael Moore.
"The court finds that (Echols's) DNA-testing results are inconclusive because they do not raise a reasonable probability that he did not commit the offenses; that is, they are inconclusive as to his claim of actual innocence," Circuit Court Judge David wrote in a 10-page order denying the men's requests for a new trial.
In his appeal, Echols argued that newly analyzed DNA found no trace of the defendants at the crime scene. But Burnett said he agreed with prosecutors that the absence of DNA didn't equal innocence.
"Proof of actual innocence requires more than his exclusion as the source of a handful of biological material that is not dispositive of the identity of a killer," the judge wrote.
Burnett also said that even if he agreed that the new DNA evidence should be heard in court, he would still deny Echols' request for a new trial because there was "not compelling evidence that he would be acquitted."
Police found the three boys' bodies in a drainage ditch a day after their May 5, 1993, disappearance from West Memphis. A month passed before police arrested the three defendants, who were teens at the time. Misskelley told investigators he watched Baldwin and Echols sexually assault and beat two of the boys as he ran down another trying to escape.
A jury sentenced Misskelley to life in prison plus 40 years. Baldwin got life without parole and Echols was sentenced to die. The Arkansas Supreme Court has upheld their convictions.
_________________ No matter how dark the storm gets overhead They say someone's watching from the calm at the edge What about us when we're down here in it? We gotta watch our backs
Post subject: Re: No new trial for the West Memphis 3............
Posted: Thu Sep 11, 2008 2:47 pm
Yeah Yeah Yeah
Joined: Wed Dec 13, 2006 4:37 am Posts: 3610 Location: London, UK Gender: Female
ok, I've heard about this case for ages but never actually had looked at what that was about. I've just spend an hour reading on it and frankly, I can't see how you can be so positive about their guilt.
there's nothing but vaguely circumstantial evidence there, apart form the IQ 72 kid's 'confession', which was not even admissible at the trial. NO material evidence, like DNA, fingerprints, footprints, nothing concrete. just witnesses saying they saw them 'around' that time or place.
I can't begin to understand how they could have been convicted just based on these non-evidences.
Am I missing something?
_________________ 2009 was a great year for PJ gigs looking forward to 2010 and: Columbus, Noblesville, Cleveland, Buffalo, Dublin, Belfast, London, Nijmegen, Berlin, Arras, Werchter, Lisbon, some more US (wherever is the Anniversary show/a birthday show)
Post subject: Re: No new trial for the West Memphis 3............
Posted: Thu Sep 11, 2008 2:52 pm
Johnny Guitar
Joined: Sun Oct 17, 2004 12:51 am Posts: 202
Pegasus wrote:
ok, I've heard about this case for ages but never actually had looked at what that was about. I've just spend an hour reading on it and frankly, I can't see how you can be so positive about their guilt.
there's nothing but vaguely circumstantial evidence there, apart form the IQ 72 kid's 'confession', which was not even admissible at the trial. NO material evidence, like DNA, fingerprints, footprints, nothing concrete. just witnesses saying they saw them 'around' that time or place.
I can't begin to understand how they could have been convicted just based on these non-evidences.
Am I missing something?
go do a few hours of research on Damien Echols.....
and find out what a swell guy he has been his entire life.....
_________________ eating my 10club tickets for MSG I.................. and im not too fucking happy about it................
Post subject: Re: No new trial for the West Memphis 3............
Posted: Thu Sep 11, 2008 4:52 pm
Got Some
Joined: Sun Oct 17, 2004 3:47 pm Posts: 2932
mastaflatch wrote:
so if there's DNA evidence proving their innocence,
That's not what happened, despite what the WM3 and their lawyers have been propagating. Echols has played Vedder like a Stradivarius since day one.
Mr. Speedy, while being a bit hyperbolic, is right about one thing: The more you look into this case, the more you realize the right people are behind bars.
_________________ For your sake I hope heaven and hell are really there but I wouldn't hold my breath
The evening of May 5, 1993, at 8:42 pm, workers in the Bojangles' restaurant about a mile from the crime scene (a direct route through the bayou where the children were found) in Robin Hood Hills reported seeing an African-American male "dazed and covered with blood and mud" inside the women's restroom of the restaurant. Defense attorneys later referred to this man as "Mr. Bojangles."[4]
The man was bleeding from his arm as he attempted to use the toilet and had brushed against the walls. The man had defecated on himself on the floor. The police were called, but the man left the scene. Officer Regina Meeks responded (by inquiring at the drive thru window) about 45 minutes later. By then, the man had left and police did not enter or examine the bloodstained bathroom on May 5.
The following day, when the victims were found, Bojangles' manager Marty King, thinking there was a possible connection between the bloody, disoriented man and the killings, called police twice to inform them of his suspicions. After the second telephone call police gathered evidence from the restroom.[9] Police wore the same shoes and clothes from the Robin Hood Woods crime scene into the Bojangles restaurant bathroom. Police detective Bryn Ridge later stated he lost the blood scrapings taken from the walls and tiles of the bathroom.[10] A hair identified as belonging to a black person was later recovered from a sheet which had been used to wrap one of the victims.[3]
_________________ 255 characters are nowhere near enough
Post subject: Re: No new trial for the West Memphis 3............
Posted: Thu Sep 11, 2008 8:18 pm
Yeah Yeah Yeah
Joined: Wed Dec 13, 2006 4:37 am Posts: 3610 Location: London, UK Gender: Female
speedy mccready wrote:
Pegasus wrote:
ok, I've heard about this case for ages but never actually had looked at what that was about. I've just spend an hour reading on it and frankly, I can't see how you can be so positive about their guilt.
there's nothing but vaguely circumstantial evidence there, apart form the IQ 72 kid's 'confession', which was not even admissible at the trial. NO material evidence, like DNA, fingerprints, footprints, nothing concrete. just witnesses saying they saw them 'around' that time or place.
I can't begin to understand how they could have been convicted just based on these non-evidences.
Am I missing something?
go do a few hours of research on Damien Echols.....
and find out what a swell guy he has been his entire life.....
well, for a start he was only 18 at the time of the crime, so entire life doesn't mean much.
and if you refer to his mental illness, PLENTY of people have some and don't go on committing gruesome crimes, let alone managing to enrol 2 people to do them as well...and I work in mental health hospitals all the time, so although not a clinician, I know a little bit about the subject. Reading on it, he was a troubled kid, but nothing particularly remarkable or scary.
regardless, you're basing, apparently like the police and prosecution, your verdict of guilt solely on hearsay and character judgements, rather than on any hard evidence. I have yet to see mentioned any EVIDENCE relating to this case. I find troubling sending a kid to death row based on speculations.
_________________ 2009 was a great year for PJ gigs looking forward to 2010 and: Columbus, Noblesville, Cleveland, Buffalo, Dublin, Belfast, London, Nijmegen, Berlin, Arras, Werchter, Lisbon, some more US (wherever is the Anniversary show/a birthday show)
Post subject: Re: No new trial for the West Memphis 3............
Posted: Fri Sep 12, 2008 12:12 am
Administrator
Joined: Sat Oct 16, 2004 10:51 pm Posts: 14534 Location: Mesa,AZ
tryinmorning wrote:
$úñ_DëV|L wrote:
mastaflatch wrote:
so if there's DNA evidence proving their innocence, according to you, they're still murdering pieces of shit? holy shit, are you the one who did it?
If someone delivered presents to every child in the world on Christmas Eve, according to you, there's still no such thing as Santa Claus?
Wow, that is completely not the same thing.
You sir, fail at analogies.
It's not an analogy. It's simply the same logic is all.
Consider the proposition p -> q (p implies q).
In the first case, p is "there's DNA evidence proving their innocence", and q is "they're not murdering pieces of shit." In the second case, p is "someone delivered presents to every child in the world on Christmas Eve", and q is "Santa Claus exists." In both cases, it's probably reasonable to accept the proposition p -> q. mastaflatch's mistake in reasoning, however, is the assumption that because p -> q is true, q is true. That's false, because p -> q is the same as ^p (not p) or q, which means that if p is false, we can't make any conclusions as to the truth of q. Mastaflatch made the assumption, as did I, that because we can safely assume the proposition p -> q is true, we can then assume the proposition q is true.
Essentially, you don't have to believe that the WM3 are not murderers until after DNA evidence clears them.
_________________
John Adams wrote:
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress.
Post subject: Re: No new trial for the West Memphis 3............
Posted: Fri Sep 12, 2008 3:21 am
Back from the dead
Joined: Mon Jan 16, 2006 8:48 pm Posts: 4552 Location: Ohio Gender: Male
The truth is they are innocent, and the government will do anything to deny that. And whoever the joke account who keeps claiming they deserve to be jailed is, shut the fuck up and eat shit you mindless idiot. Keep believing everything the government says, sheep.
_________________ Back from the dead.Fuckin' zombies maaan.
Post subject: Re: No new trial for the West Memphis 3............
Posted: Fri Sep 12, 2008 3:23 am
Hipster doofus
Joined: Wed May 10, 2006 2:35 am Posts: 18585 Location: In a box Gender: Male
$úñ_DëV|L wrote:
tryinmorning wrote:
$úñ_DëV|L wrote:
mastaflatch wrote:
so if there's DNA evidence proving their innocence, according to you, they're still murdering pieces of shit? holy shit, are you the one who did it?
If someone delivered presents to every child in the world on Christmas Eve, according to you, there's still no such thing as Santa Claus?
Wow, that is completely not the same thing.
You sir, fail at analogies.
It's not an analogy. It's simply the same logic is all.
Consider the proposition p -> q (p implies q).
In the first case, p is "there's DNA evidence proving their innocence", and q is "they're not murdering pieces of shit." In the second case, p is "someone delivered presents to every child in the world on Christmas Eve", and q is "Santa Claus exists." In both cases, it's probably reasonable to accept the proposition p -> q. mastaflatch's mistake in reasoning, however, is the assumption that because p -> q is true, q is true. That's false, because p -> q is the same as ^p (not p) or q, which means that if p is false, we can't make any conclusions as to the truth of q. Mastaflatch made the assumption, as did I, that because we can safely assume the proposition p -> q is true, we can then assume the proposition q is true.
Essentially, you don't have to believe that the WM3 are not murderers until after DNA evidence clears them.
I don't think anyone was trying to refute that. What you typed above is pretty much unnecessary and a thinly veiled attempt to flex your intellectual muscles (we know you're smart S_D, K? ) It is not difficult to interpret what mastaflatch was saying without all that crap.
I disagree with your santa scenario logic, to say the least.
If DNA proves they are innocent, then they clearly are not murders. If presents are delivered to every child, how does that prove the existence of santa?
You have to assume that it was santa that delivered those presents. Hell, it may have even be the Easter bunny or the toothfairy cutting in on the action. I suppose you could counter that one would need to assume that DNA testing is accurate for the first statement to be true, but lets step back into the real world and out of the realm of logic problems. Most people aren't going to argue with DNA evidence (or at least sane, unbiased ones)
Post subject: Re: No new trial for the West Memphis 3............
Posted: Fri Sep 12, 2008 5:23 am
Administrator
Joined: Sat Oct 16, 2004 10:51 pm Posts: 14534 Location: Mesa,AZ
tryinmorning wrote:
$úñ_DëV|L wrote:
tryinmorning wrote:
$úñ_DëV|L wrote:
mastaflatch wrote:
so if there's DNA evidence proving their innocence, according to you, they're still murdering pieces of shit? holy shit, are you the one who did it?
If someone delivered presents to every child in the world on Christmas Eve, according to you, there's still no such thing as Santa Claus?
Wow, that is completely not the same thing.
You sir, fail at analogies.
It's not an analogy. It's simply the same logic is all.
Consider the proposition p -> q (p implies q).
In the first case, p is "there's DNA evidence proving their innocence", and q is "they're not murdering pieces of shit." In the second case, p is "someone delivered presents to every child in the world on Christmas Eve", and q is "Santa Claus exists." In both cases, it's probably reasonable to accept the proposition p -> q. mastaflatch's mistake in reasoning, however, is the assumption that because p -> q is true, q is true. That's false, because p -> q is the same as ^p (not p) or q, which means that if p is false, we can't make any conclusions as to the truth of q. Mastaflatch made the assumption, as did I, that because we can safely assume the proposition p -> q is true, we can then assume the proposition q is true.
Essentially, you don't have to believe that the WM3 are not murderers until after DNA evidence clears them.
I don't think anyone was trying to refute that. What you typed above is pretty much unnecessary and a thinly veiled attempt to flex your intellectual muscles (we know you're smart S_D, K? ) It is not difficult to interpret what mastaflatch was saying without all that crap.
I disagree with your santa scenario logic, to say the least.
If DNA proves they are innocent, then they clearly are not murders. If presents are delivered to every child, how does that prove the existence of santa?
You have to assume that it was santa that delivered those presents. Hell, it may have even be the Easter bunny or the toothfairy cutting in on the action. I suppose you could counter that one would need to assume that DNA testing is accurate for the first statement to be true, but lets step back into the real world and out of the realm of logic problems. Most people aren't going to argue with DNA evidence (or at least sane, unbiased ones)
And most people aren't going to argue that someone else delivered presents to all the kids in the world. It's absurd to think the condition is true, but yet equally absurd to think that if it were true, the result is not.
Quote:
What you typed above is pretty much unnecessary and a thinly veiled attempt to flex your intellectual muscles
Nope. I was simply arguing that you can't invoke DNA as evidence of their innocence until you actually find the DNA. I don't think it was unnecessary, since someone made the argument.
_________________
John Adams wrote:
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress.
Post subject: Re: No new trial for the West Memphis 3............
Posted: Fri Sep 12, 2008 5:25 am
Administrator
Joined: Sat Oct 16, 2004 10:51 pm Posts: 14534 Location: Mesa,AZ
Jammer91 wrote:
The truth is they are innocent, and the government will do anything to deny that. And whoever the joke account who keeps claiming they deserve to be jailed is, shut the fuck up and eat shit you mindless idiot. Keep believing everything the government says, sheep.
Ah, to be a kid again. I remember when I was a freshman in college and decided to do a paper on the west memphis three. I read a few articles on it and said, "Nothing to see here. Let's do gun control instead."
_________________
John Adams wrote:
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress.
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