Friday, December 21, 2007

"West Memphis Three" habeas corpus writ

In Spring 1993 three cub scouts were brutally murdered in West Memphis, Arkansas. Jason Baldwin, Damien Echols, and Jessie Misskelley, who were teenagers at the time, were arrested by police and found guilty of the crimes. Baldwin was sentenced to life imprisonment without parole. Misskelley got life in prison plus 40 years. Echols was sentenced to death.

The convictions have withstood numerous appeals, an AP article, yesterday, said – including the Arkansas Supreme Court in 1996 holding that there was “ ‘substantial evidence’ of guilt.” The U.S. Supreme Court turned down an appeal by Echols in 1997.

The case has long evoked skepticism, however, according to a CNN article early last month. Echols’ attorneys said that -- even with the level of DNA testing available in 1993-- there was no forensic evidence tying the three to the murders, and statements made by Misskelley – who’s “borderline retarded -- which played a significant role in their conviction has long been called into question.

Now there may be such evidence which, in fact, might clear the renowned “West Memphis Three.” A writ of habeas corpus filed in the Eastern District Court of Arkansas is being held in abeyance pending Echols’ further exhaustion of his state court remedies.

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