Tuesday, October 30, 2007

DNA evidence points to innocence of West Memphis Three

American justice means locking up teenagers for crimes they didn’t commit. Two of them are 13 years into life sentences; one is on death row.

In 1994, three teenagers in the small city of West Memphis, Ark., were convicted of killing three 8-year-old boys in what prosecutors portrayed as a satanic sacrifice involving sexual abuse and genital mutilation. So shocking were the crimes that when the teenagers were led from the courthouse after their arrest, they were met by 200 local residents yelling, “Burn in hell.”

But according to long-awaited new evidence filed by the defense in federal court on Monday, there was no DNA from the three defendants found at the scene, the mutilation was actually the work of animals and at least one person other than the defendants may have been present at the crime scene.

Supporters of the defendants hope the legal filing will provide the defense with a breakthrough. Two of the men, Jason Baldwin and Jessie Misskelley, are serving life in prison, while one, Damien W. Echols, is on death row. There was no physical evidence linking the teenagers, now known as the West Memphis 3, to the crime.

“This is the first time that the evidence has ever really been tested,” said Gerald Skahan, a member of the defense team. “The first trial was pretty much a witch hunt.”

. . .

The story the defendants’ supporters have presented — of three misfits whose fondness for heavy-metal music made them police targets — has won the men the support of celebrities like Eddie Vedder of Pearl Jam, Marilyn Manson and the creators of “South Park.” Many learned of the case through an HBO documentary, “Paradise Lost,” and a sequel.

The prosecution hinged on a confession riddled with factual errors and a Satanic cult expert with a mail-order degree. Mr. Echols’s own lawyer called him “weird” and “not the all-American boy.”

. . .

The three victims — Christopher, Steve Branch and James Michael Moore — were last seen riding their bikes on May 5, 1993. They were found the next day in a drainage ditch in Robin Hood Hills, near West Memphis, a low-rent town across the Mississippi River from Memphis. The boys were naked and hogtied with shoelaces.

The police quickly zeroed in on Mr. Echols, then 18, who was familiar to them because he was on probation for trying to run away with his girlfriend. They also believed he was involved in cult activities.

But they could find little evidence against him until Mr. Misskelley, mildly retarded and with a history of substance abuse, came in to speak with them. At the time there was a $30,000 reward.

After hours of questioning, Mr. Misskelley, 17, gave the police a taped statement that implicated himself, Mr. Baldwin, then 16, and Mr. Echols, then 19. Despite coaching by the investigators, Mr. Misskelley was incorrect in several significant details, including the time of the crime, the way the victims were tied and the manner of death. He said the children had been sodomized, an assertion that even the state medical examiner’s testimony appears to refute.

The team of forensic experts assembled by Mr. Echols’s lawyers, which included Dr. Michael Baden, the former medical examiner of New York City, also said there was no evidence of sexual abuse. Many of the wounds sustained by the victims were caused by animals, they said, including the castration of Christopher.

Here’s the documentary on the case, Paradise Lost, and the sequel.

[Image: Creative Thinking/NY Times]

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