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Damien Echols and the West Memphis 3
State:
Arkansas
Background
The CWCY has recently submitted an amicus curiae brief in the Supreme Court of Arkansas in the case of Damien Echols, who currently sits on Arkansas’ death row. Damien Echols and his two friends, Jason Baldwin and Jesse Misskelley Jr. – who have since become known as the West Memphis Three – were convicted in 1993 of the brutal murders of three eight-year-old boys. All three assert their innocence.
On May 5, 1993, Stevie Branch, Christopher Byers, and Michael Moore of West Memphis, Arkansas were reported missing by their parents. The ensuing search focused on a wooded area near the boys’ homes known as Robin Hood Hills in which neighborhood children often played. Eventually, police discovered the three boys’ nude, battered, hogtied bodies submerged in a drainage ditch in the woods. As the community erupted in outrage and horror, attention quickly focused on 18-year-old Damien Echols and his two friends, 16-year-old Jason and 17-year-old Jesse. The teens had never fit into the highly religious, tightly-knit Arkansas town well; Damien, for instance, listened to heavy metal bands like Metallica, read Stephen King novels, and frequently wore all black. In light of the brutal nature of the murders, police quickly began to conjecture that the victims had been killed as part of a Satanic ritual – and they concluded that Damien, Jesse, and Jason’s different taste in clothing, reading, and music could only mean that they practiced Satanism.
Acting on this theory, police arrested the three boys – even though no physical evidence linked them to the crime – and subjected Jesse Misskelley, Jr., to hours of unrecorded interrogation. Jesse, who was diagnosed with mental retardation that made him think like a child half his age, eventually confessed to taking part in the murders and implicated his two friends as well. His confession was riddled with impossibilities; he claimed, for instance, that the murders happened at a time when the three victims were known to be safe in school. Nonetheless, it served as the basis of his conviction. Jesse’s dubious confession was not admitted against Damien and Jason, but they were still convicted based on even weaker evidence, including the testimony of an “expert” who claimed on the basis of his mail-order doctoral degree that people who wear all black are Satanists. Jason and Jesse were sentenced to life in prison, but Damien was given the death penalty.
Since their trials, which journalist Mara Leveritt has called a modern-day Salem witch hunt, the West Memphis Three have been fortunate to receive strong national support. Celebrities like Eddie Vedder of Pearl Jam, Trey Parker of “South Park,” and Natalie Maines of the Dixie Chicks (and, yes, even members of Metallica) have taken part in nationwide campaigns designed to publicize the West Memphis Three’s wrongful convictions. The injustices done them have also been the subject of an Emmy Award-winning HBO documentary called “Paradise Lost: The Child Murders at Robin Hood Hills.” Even some of the victims’ parents have began to publicly question the convictions.
Buoyed by this support, the West Memphis Three have continued to pursue their appeals. Damien Echols, now 35 years old, is challenging his conviction on the basis of newly discovered DNA evidence that links the stepfather of one of the victims to the crime scene, with amicus curiae support from the CWCY and the National Association of Criminal Defense Lawyers. Jesse and Jason are currently challenging the effectiveness of their trial counsel.
For more information on their cases, please visit www.Freewestmemphis3.org or www.wm3.org. You may also contact Lonnie Soury at LSoury@aol.com.
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Update:
December 3, 2009
A new article in the Arkansas law review advocates for a new trial for Damien Echols. A news clip describing the article notes that Echols has gotten national support from the Center on Wrongful Convictions (of Youth) at Northwestern University. See the link below.
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Update:
February 24, 2010
Another new article explaining that even some of the victims' parents believe that the West Memphis 3 deserve a new trial.
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Update:
February 23, 2010
Note that Johnny Depp will be appearing on CBS 48 hours promoting the innocence of the WM3.
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Update:
August 30, 2010
On August 28, 2010, some of Hollywood’s most acclaimed musicians and actors gathered in Little Rock to voice their support for Damien Echols and the West Memphis Three by holding a live concert. Among the performers were Pearl Jam’s Eddie Vedder, Johnny Depp, the Dixie Chicks’ Natalie Maines, Ben Harper, Dhani Harrison (son of Beatle George Harrison), and Patti Smith. Host organization Arkansas Take Action played a video message from Damien Echols, who is the West Memphis Three defendant currently on Arkansas’ death row, and Damien’s wife Lorri spoke movingly about her husband’s case and her hopes for the future. CWCY attorneys, who submitted an amicus brief to the Arkansas Supreme Court in support of Damien Echols’ motion for a new trial, were fortunate to attend and participated in an extensive press conference prior to the concert itself. The performers’ dedication to Damien, to the West Memphis Three, and to the issue of wrongful convictions of youth was truly inspirational. We applaud their efforts to shine a national spotlight on this classic injustice. For more information about the concert and the case, please visit www.wm3.org.
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Resources
Damien Echols amicus brief
CWCYJanuary 01, 1900
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions
An amicus brief filed by the CWCY in the case of Damien Echols focusing on the unreliability of 17-year-old Jessie Misskelley's statement to police and the fact that, despite its unreliability, the jurors likely viewed it as overwhelming evidence of Echols' guilt.
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News
Justice for Damien Echols
Arkansas Times - September 17, 2009
The CWCY files its first amicus brief in the case of West Memphis 3 defendant Damien Echols.
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Torn by 3 Lost Boys and 3 Convicted Youths
New York Times - October 11, 2009
The New York Times explains that more evidence is coming to light that the three convicted adolescence in West Memphis are innocent.
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Johnny Depp Turns Defender of Convicted Murderers
E Online - February 23, 2010
The West Memphis 3 continue to get celebrity support for their innocence.
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Victims' parents remain divided over West Memphis 3 case
CNN - December 28, 2009
Even some of the victims' parents think the West Memphis 3 should get a new trial.
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Unlock the West Memphis 3
Arkansas Times - December 03, 2009
A recent law review article concludes that Damien Echols and the other West Memphis 3 defendants deserve a new trial.
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Concert for the West Memphis Three
NBC News - August 30, 2010
Eddie Vedder, Johnny Depp, Natalie Mains, and Patti Smith were among the celebrities to turn out for the rally to help free the WM3. CWCY attorneys Steve Drizin and Laura Nirider attended the event and spoke at the press conference.
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Dixie Chicks' Natalie Maines and Johnny Depp: Defending the West Memphis Three
Politics Daily - August 30, 2010
More coverage of the widely successful rally and concert to free the WM3.
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CWCY video trailer
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