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Ashlin MeuserProfessor Fosil 17 April 2019 Guilty Until Proven InnocentOn May 5th 1993 in the small town of West Memphis, Arkansas, second graders Stevie Branch, Christopher Byers, and Michael Moore were all missing by 8pm. The next day after a full morning of searching the boys naked, hog-tied, and mutilated bodies would be found floating in a muddy creek (Leveritt 12). What happened in the weeks, months, and years following the murders is equally upsetting. Without a shred of physical evidence supporting their claims, the West Memphis Police department charged three teenagers; Jessie Misskelley Jr.(16), Damien Echols (18), and Jason Baldwin (16) with the murders. The department’s case was built upon false confessions, polygraph tests, false witness statements and the suspects supposed involvement with the “occult”. This resulted in one of the greatest miscarriages of justice to date.Like any small town word gets around quickly and soon rumors that the killings may be related to the occult had spread, this was also enforced by head detective Gary Gitchell believing the occult could be involved. Two days after the murder, Damien Echols a troubled teen from the area who was believed to be involved with the occult was interviewed. He was described by police as having “EVIL” across his knuckles and liked to read books by Steven King. Damien was interviewed 2 more times after this, the third time he was asked to take a polygraph test, Damien agreed and the officer administering the test “recorded significant responses indicative of deception”. With Damien as the prime suspect detectives focused their attention on Jason Baldwin, a friend of Damien’s who also had “EVIL” across his knuckles. It had now been 3 weeks since the murders and the West Memphis police department and the community was desperate for answers. It was out of this desperation that led to the false confession and subsequent arrest of Jessie Misskelley Jr, Damien Echols, and Jason Baldwin. The False ConfessionOn June 3rd the day after Misskelley had taken the polygraph exam Gitchell was convinced that he had the killer so at 9am Misskelley was picked up for questioning. The police informed jessie of the 35,000 dollar reward for information, and told him that if he cooperated he would be eligible for the money and his dad could by him a new truck (Leveritt 79). After three hours of un-recorded interrogation by West Memphis detectives they finally recorded Misskelley's confession some 5 hours after his arrival at the police station. His story full of discrepancies was ironed out by detectives into a shaky and hole filled confession. Jesse described his experience: “I kept telling [Inspector Gitchell and Detective Ridge] I didn't know who did it--I just knew of it--what my friend had told me. But they kept hollering at me...They kept saying they knew I had something to do with it, because other people had told 'em. After I told 'em what the three boys were wearing, Gary Gitchell told me, was any of them tied up? That's when I went along with him. I repeated what he told me. I said, yes they were tied up. He asked, "What was they tied up with?" I told 'em a rope. He got mad. He told me, "God damn it, Jesse, don't mess with me." He said, "No. They was tied up with shoestrings." I had to go through the story again until I got it right. They hollered at me until I got it right. So whatever he was telling me, I started telling him back. But I figured something was wrong, 'cause if I'd a killed 'em, I'd a known how I done it.”(Linder 1).False confessions often occur when police use a certain kind of interrogation technique called the Reid technique or when the suspect has a very low IQ. Misskelley not only has a very low IQ but he was also interrogated using the Reid technique. The Reid technique uses “coercive and deceptive techniques to obtain a confession, such as presenting false evidence, preventing the suspect from speaking unless he/she is making a confession, tricking the suspect into a confession by offering an understanding and sympathetic attitude, and minimizing the moral seriousness of the crime” (Snieder 287).The Reid technique is also even “more effective on young people”(Snieder 277) to coerce a confession. Misskelleys confession should never have been used considering the circumstances but judge Burnett allowed it. The false statement used as evidence that supported the occult theory came from a waitress named Vicki Hutcheson and her eight-year-old son, Aaron. The two had previously been interviewed but Gitchell decided that they had better be re-interviewed since they thought they knew the whole story with the confession. Aaron had changed his story from not just “seeing what men and ladies do” in Robinhood Hills to witnessing the murders take place. The events that Aaron described had multiple discrepancies and were pretty obviously false but Gitchell decided that they would hold up in court. At Damien and Baldwin’s trial however Vicki was the only witness to testify claiming that Damien had invited her to an “esbat” (a gathering of witches). “Damien picked her up in a red ford escort with Jesse in the back seat and they drove to a field north of Marion where they entered a dirt road. When she got out of the car, she saw about ten young people, with faces and arms painted black, taking off their clothes and “touching eachother””(Leveritt 72).Her statement had a few major discrepancies that the defense attempted to expand on in court. The first of which being Damien had never owned a car and did not know how to drive. Secondly, on the night of May 19th there was no moon, how Vicki was able to see a group of people in the middle of a field at night is perplexing to say the least. Despite the discrepancies Vicki’s account was enough to support the idea that Damien and his friends practiced witchcraft and worshiped the devil. In 2003 however, Vicki Hutchison confessed to Arkansas police that everything she had said in 1993 was a lie and that “she felt compelled to cooperate with police out of fear that if she didn’t, the police would take her son away”(Linder 1).The Polygraph ExamsA polygraph is “a machine designed to detect and record changes in physiological characteristics, such as a person's pulse and breathing rates, used especially as a lie detector”(Webster). Polygraph machines have been widely used by police and the FBI since the late 70s. While they can be very useful, according to Frank Horvath of the American Polygraph Association they are only “about 70% accurate”. What determines this accuracy mostly revolves around the test administrator and his or hers ability to read the charts and detect deception through said charts. The accuracy of polygraph machines also depends largely upon the test taker. Regardless of whether or not they are deceitful test anxiety can lead to inaccurate results. An individual that suffers from test anxiety will experience increased heart rate, increased breathing rate, and increased sweat production. The symptoms of test anxiety directly affect the readout of the charts and can cause false negatives and false positives. It is extremely difficult to tell the difference between test anxiety and lying anxiety even for the most experienced test administrators. Polygraph machines can only be 70% accurate when the questions asked by the administrator are yes or no only. When Jessie Misskelley was brought in for questioning on June 2nd at around 9:45 he was administered a polygraph test with his fathers consent. Bill Durham the departments polygraph expert asked him a series of questions some of them not yes or no questions but more vague and complex. Misskelley said officer Durham “asked me, did I know who killed them?” (Leveritt 77). After more questions officer Durham told Misskelley that he knew that he was lying and that “his brain was telling him so”(Leveritt 77). Misskelley stated that, “I was real mad after he said I was lying”(Leveritt 77). It was after this first series of questions that they administered the test to which Durham concluded that Jessie was “lying his ass off”(Leveritt 78). If Misskelley was angry at the time of questioning his charts would show high pulse, and an increased breathing rate. Unfortunately for Misskelley these symptoms are the very same symptoms, which point to deception. Misskelleys nervousness and anger would explain why officer Durham concluded what he did. Had the test been conducted under the required circumstances the results would have most likely been very different. Without the experience and with the pressure on to find a suspect the West Memphis police department took their conclusions and ran widely with them. This theory was also enforced by testimony at the Misskelley trial by polygraph expert Warren Holmes who had experience with well-known cases including Watergate, and the assassinations of John F. Kennedy and Martin Luther King Jr.(Website). He was prepared to testify that after reviewing the charts of Misskelley’s polygraph he answered truthfully on all but one, which was the drug use question. Unfortunately Judge Burnett who presided over the Misskelley trial ruled that he would only be allowed to testify with the presence of the jury.The “Occult”In the days immediately following the murders rumors had begun to spread that the killings were the work of devil worshippers or the “occult” as it became known. The town of West Memphis had already had issues with satanic cults and when three boys were found murdered in ways that people thought represented the “occult”. The climate in West Memphis became that of 17th century Salem. The idea that they were cult killings is what ultimately led to the three teens being considered suspects. A juvenile officer named Jerry Driver had been interested in Echols, for some time. Police saw driver as an expert on the “occult” and crimes associated with it. Driver believed that because of Damien’s past and how he carried himself that he was capable of the murders. He was described as “a seventeen-year-old dropout with a history of psychiatric problems, including major depression. Echols wrote dark poems, dressed mostly in black, wore long hair, had a tattoo on his upper arm, and was a self-described Wiccan”(Linder 1). At the time of the murders, cults were thought to be on the rise and prevalent in West Memphis. “By 1991, law enforcement interest in “bizarre cults and human sacrifice” had grown so intense that the FBI undertook a search of national records to determine just how widespread it was…an FBI specialist concluded that…most satanic or occult activity involves the commission of no crimes”(Leveritt 44).Despite this evidence people including the police department still believed that people were being murdered as human sacrifices. Throughout the trial much of the prosecutions argument was centered around the “occult”. The prosecution called Damien’s former girlfriend Deanna Holcomb to the stand who said that Damien “wore all black” and carried knives. The prosecution effectively created a witch trial by enforcing the idea that wearing black and listening to Metallica made you somehow an evil person capable of murder. The officer who conducted the search of Damien’s home even testified at the trial saying that they found eleven black T-shirts, the book “Never On a Broomstick”, and the skull of a dog. The prosecution went so far as to ask judge Burnett to take “judicial notice that there was a full moon on May 5th”(Linder 1). Judge Burnett took this into account and considered it “appropriate” to do so. Possibly one of the most ridiculous parts of the Prosecutions case was the testimony of “cult expert” Dr. Dale Griffis. The so-called doctor did not actually have any formal education he was more of a self-proclaimed expert on “occultism”. His testimony contained nothing relevant to proving that the teens were responsible only that what happened to Chris Byers could align with Satanist beliefs or so he claimed. As the only source of motive behind the killings the “occult” theory grew into the prosecutions main argument. Without any physical evidence linking the boys to the murders besides microscopically similar fibers the prosecution had no choice but to run with the “occult” theory. The atmosphere that the theory created inevitably led to a witch-hunt type trial. Most people already had stereotypes of what someone that worships Satan looks and acts like; wears all black, long hair, and keeps to themselves. These stereotypes fit Damien Echols perfectly and unfortunately the jury believed these stereotypes.A Lack of Physical EvidenceThe lack of physical evidence in both Misskelleys and the Echols/Baldwin trial should have produced enough reasonable doubt to the jury that the boys were innocent yet they were all unanimously found guilty. In total for all three boys the entire physical evidence presented by the prosecution consisted of three fibers which were “microscopically similar” and could not be proven to be from the particular garments that were found and a knife found in a lake behind Damien’s house, which also was circumstantial at best. The fibers were in fact not very hard evidence especially after expert witness for the prosecution Lisa Sakevicius stated that the fibers were not necessarily from any of the boys homes but that there were garments that they could have came from (Leveritt 195). The next scrap of physical evidence presented was a knife found in the lake behind Damien’s house. The lake had not been searched until chief prosecutor Fogelman had asked it be searched which would seem suspicious to any police officer especially when a knife thought to have been used in the murders was found. The Prosecution put Dr. Frank Peretti a medical examiner for the state of Arkansas on the stand. He explained that the wounds found on the scrotum of Chris Byers were “Consistent with the serrated portion of the knife”(Linder 1). He also stated that they were consistent with the serrated portion of a knife owned by John Byers that he had given to the HBO film crew during the course of the trial. This should have provided at least some doubt to the jury that Damien did not definitively own the knife found in the lake. What quite possibly could have been the most convincing evidence that the three teens were not the killers were the blood samples taken from a bathroom wall of a Bojangles close to the crime scene the very night the boys were murdered. On the night of May 5th a black man ran into the bathroom of the Bojangles near the crime scene covered in blood. Blood samples were taken from the wall by West Memphis police but were later reported, “lost”(Leveritt 140). These “lost” samples could have been proven very valuable to the defense.From the very beginning of the investigation the three teenagers were considered guilty by not only the police but also the town. The United States justice system does not function on the presumption that suspects are guilty until proven innocent. The three were undoubtely failed by not only the police department of West Memphis but also the courts. Throughout the course of the trials it was impossible for the jury to not know about the Misskelley confession despite the fact that Misskelley declined to testify against Echols and Baldwin. This Knowledge had what I think to be the most profound effect on the outcome of the trials. Had the jury not known that Misskelley confessed the only evidence against Echols and Baldwin would be circumstantial and the jury would have had no trouble finding them innocent. With the release of the West Memphis Three in 2011 on an Alfred plea the miscarriage of justice in a way proceeded. An Alford plea works by maintaining innocence but admitting guilt: “The three refused to admit to any criminal act but conceded that the state has evidence to be used against them. The Alford plea is treated as a guilty plea for sentencing, yet allows the individual using it to maintain their innocence. The Alford Plea is similar to a plea of nolo contendre, but they differ in a few major ways. The Alford plea unambiguously maintains innocence while a nolo contendre plea simply does not admit guilt. Additionally, a plea of nolo contendre avoids estoppel in later civil litigation while the Alford plea does not” (TJ Law).In many ways the Alford plea is a god sent to the West Memphis Three but in another way it only deepens the tragedy. No matter what, they are still guilty in the eyes of the court and they were forced to confess to crimes they did not commit just so they could finally be free. The American Justice system has failed The West Memphis Three over and over again; from the original trial to multiple appeals at the state and federal level they have been denied the freedom that they so clearly deserve.The True KillersAll physical evidence that has been produced since 1993 points to four men: Terry Hobbs, Buddy Lucas, LG Hollingsworth, and David Jacoby. The stepfather of Stevie branch, Terry Hobbs has a record of violent behavior and was said by many to be bisexual. There is a mountain of evidence supporting that he and his friends were responsible. The most interesting of this evidence is found in the 2013 affidavits signed by Bill Wayne Stuart and Bennie Guy; Buddy Lucas was a close friend of both Stuart and Guy, in the years to come Buddy would eventually confess to taking part in the killings with LG Hollingsworth, Terry Hobbs, and David Jacoby to both Guy and Stuart. Later, when Guy and LG were in prison together he would tell Guy the exact same story. LG had been in prison since 1997 so there was no way for the two to communicate and line their stories up. Their story is also supported by DNA evidence and testimony from Aaron Hutchison. Hairs collected around the crime scene match those of David Jacoby as well as Terry Hobbs, it is important to remember that none of the hairs matched those of Echols, Baldwin, or Misskelley. Aaron Hutcheson a friend of Stevie, Michael, and Chris made statements to West Memphis police on May 27th about what the boys did by “the clubhouse” a makeshift fort in the Blue Beacon woods next to RobinHood hills. Aaron told police that while a lot of the time they just played sometimes they would “watch these men”(Leveritt 72) he goes on to say that they had watched five men have sex multiple times around four in the afternoon consistently. Aaron said that, “we always had a place to hide before they got there”(Leveritt 73) and that the men were “smoking little white cigarettes with no filters”(Leveritt 73) presumably they were smoking joints which would line up with testimony of Buddy and LG which stated that Jacoby and Terry Hobbs both smoked marijuana. What I believe happened is this: Buddy Lucas, LG Hollingsworth, David Jacoby, and Terry Hobbs went out to Robin Hood hills to smoke weed and engage in sexual activity at around 4-4:30 in the afternoon. After smoking and drinking for a little bit they began to have sex that’s when at around 6:35 the boys showed up on their bikes not expecting to find the five men. The men panicked; already drunk and high they began to beat the boys and eventually raping and killing the boys for what they knew. While some may find it hard to believe especially coming from convicted criminals it is the most plausible answer to what happened in Robin Hood hills the night of May 5th 1993.AppendixMay 5th the boys are all missing by 8pm.A search is under way for the boys Around 1pm May 6th a shoe is found floating near RobinHood woods.At around 2pm the bodies of the boys were found tied in hog tie fashion with one boy (Chris Byers) having had his scrotum skinned.Rumors begin to circulate that the “occult” was involved.May 7th Echols is interview by police for the first time. Jerry Driver a juvenile officer believed he was involved.May 9th Echols is interviewed again at his trailer by police.May 10th Echols is interviewed a third time, this time at the police department where he takes a polygraph test and “fails”. This would later be proven incorrect.May 15-27 multiple witnesses are interviewed by West Memphis police including, Vicki and Aaron Hutchison, Jason Baldwin. Vicki would later go on to confess that she was lying in her statements. Aaron however was not lying in his original statement.June 2-3rd Jessie Misskelley is interviewed by police twice. The second time after 4 hours of un-recorded interrogation they coerced the mildly mentally slow Misskelley into a shaky confession.Evidence against MisskelleyFull confession (false)Testimony of Vicki Hutchison linking him to the so called “occult”No physical evidence linking Jessie to the killings.Evidence against Echols and BaldwinThree fibers found at the crime scene were “microscopically similar” to fibers in Echols and Baldwin’s houses.A knife found by prosecutor Fogelman in the lake behind Echols’s house. The serrated portion of the knife was similar to the wounds on the body of Chris Byers. While not conclusive it was still effective to the jury.Two high school girls said they heard Damien talk about killing the boys at a softball game 25 feet away from them.Testimony from an “occult” expert to convince a jury that the motive was “occult” related.A book Damien checked out from the library entitled “Never on a Broom Stick”. Also said to be “occult” related.11 black T-shirts. How this is evidence no one knows.1996: the Arkansas Supreme Court refuses to overturn the Misskelley conviction.June 22nd the documentary “Paradise Lost” is released sparking international outrage over whether the three teens were in fact the killers.December 23rd the Arkansas Supreme Court refuses to overturn Baldwin and Echols’ convictions1997: The U.S. Supreme Court rejects Echols’ appeal without comment.June 17th Judge Burnett denies Echols’s argument that his defense team was ineffective in the original trial and denies his appeal.June 22nd the second “Paradise Lost” airs focusing on the free the West Memphis Three movement. Continuing the doubt of guilt.2003: The Arkansas Supreme Court denies Echols’ petition for a new hearing.2007: due to the discovery of new DNA evidence Terry Hobbs is interviewed by police at his Tennessee home. Maintains his innocence.2008: Judge Burnett denies request for a new trial for Echols and denies to hold a hearing to consider new DNA evidence.2010: Judge Burnett denies request for a new trial for Echols and declines to hold hearing considering new DNA evidence.September 30th The Arkansas Supreme Court hears oral arguments to determine whether there should be an evidentiary hearing in light of the new DNA evidence.Nov. 4th the state Supreme Court unanimously orders a new circuit court evidentiary hearing for all three men. All new evidence will be presented.2011:Attorneys for the three men present the evidence including DNA evidence linking David Jacoby as well as Terry Hobbs to the crime. As well as jury misconduct at the trials.Aug 19th. The West Memphis Three enter a plea agreement called an Alford Plea. Guilty but maintain their innocence. They are then released on the basis of time served.2013: new testimony from Bill Wayne Stuart and Guy Stuart in the signed affidavit suggests that Terry Hobbs and a group of men were the real killers.Works CitedBooks, Worth.?Summary and Analysis of Devil's Knot: The True Story of the West Memphis Three. Newburyport: Worth Books, 2017. Internet resource.Leveritt, Mara. Devil's Knot: The True Story of the West Memphis Three. Atria Books , 2003.Linder, Douglas O. “The West Memphis Three Trials: An Account.” Famous Trials, UMKC School of Law, westmemphis/2287-homeRobinson, Bryan. “Polygraphs Accurate But Not Foolproof.” ABC News, ABC News Network, 14 July 2001, abcnews.US/story?id=92847&page=1Schneider, Sydney. “When Innocent Defendants Falsely Confess: Analyzing the Ramifications of Entering Alford Pleas in the Context of the Burgeoning Innocence Movement .” The Journal of Criminal Law and Criminology, vol. 103, no. 1, 21 Jan. 2019, pp. 279–308., stable/24615614Gove, Philip B, and Noah Webster.?Webster's Third New International Dictionary of the English Language, Unabridged: Utilizing All the Experience and Resources of More Than One Hundred Years of Merriam-Webster Dictionaries. Springfield, Mass: Merriam-Webster, 2008. Print.“The West Memphis Three and Their Alford Plea:” The West Memphis Three and Their Alford Plea: | Thomas Jefferson School of Law, Thomas Jefferson School of Law, tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea ................
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