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  1. #1
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    Damien Echols's alibi

    I have a question for those who know this case. On CNN tonight, AC showed a clip from a previous report about this story. I've found it on youtube.



    My question is how accurate against the known facts is Echols's statement there that throughout the day many people saw him and that he was on the phone with 3 people during the time of murder and that his attorneys did not call any of them as witnesses? Thanks.
    Last edited by OkieGranny; 02-24-2016 at 03:16 PM. Reason: broken link

  2. #2
    The attorneys didn't even subpoena the phone records. In fact, the prosecution implied that it would be impossible. Without the records, the testimony would just be more friends and family supporting a defendant. Damien's attorneys saw how that worked out in Jessie's trial, and therefore, IIRC, they didn't bother to call the witnesses. Statements were taken, but I don't think any of the girls were called.

  3. #3
    .....and there was not a single witness even though everyone was supposedly out looking for the boys starting early in the evening that even saw Damien (who stood out) in that area.....

  4. #4
    Except those paragons of truth, the Hollingsworths, who claimed to see Damien and Domini walking along the service road in muddy clothes. Then, somehow, Domini morphs into Jason, and Domini was their niece! Just a little on the ridiculous side, don't you think?

  5. #5
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    Quote Originally Posted by Compassionate Reader View Post
    The attorneys didn't even subpoena the phone records. In fact, the prosecution implied that it would be impossible. Without the records, the testimony would just be more friends and family supporting a defendant. Damien's attorneys saw how that worked out in Jessie's trial, and therefore, IIRC, they didn't bother to call the witnesses. Statements were taken, but I don't think any of the girls were called.
    Wow, this sounds like he was not satisfied with his defense. You do know that he has control of that though?

    I think he was dissatisfied with the outcome of his trial. Which cannot be appealed on that.

    Most appeals are because the defendant thinks his attorneys were ineffective.

  6. #6
    In Arkansas, that type of appeal is a Rule 37 appeal. Judge Burnett denied it, as usual, because he was running for the State Senate (a seat which he eventually won [which is why we don't have to deal with him anymore]). I don't think it was even brought up because the attorneys believed the BS the prosecution told them about not being able to get the records. Of course, it's all moot now. The Three are free.

  7. #7
    Quote Originally Posted by Compassionate Reader View Post
    In Arkansas, that type of appeal is a Rule 37 appeal. Judge Burnett denied it, as usual, because he was running for the State Senate (a seat which he eventually won [which is why we don't have to deal with him anymore]). I don't think it was even brought up because the attorneys believed the BS the prosecution told them about not being able to get the records. Of course, it's all moot now. The Three are free.
    "A Rule 37 hearing is held if a convicted felon thinks he or she received inadequate legal counsel. Davis spent most of the day questioning Stidham under cross-examination.

    Despite the post-conviction admission, Stidham still believes that his former client is innocent and that he didn't provide Misskelley an adequate defense at trial.

    ...

    It was the first case Stidham took to trial, he said. Two factors - inexperienced legal counsel and a lack of monetary resources - doomed Misskelley's defense from the start, Stidham contended. "

    http://www.wm3.org/News/view/BALDWIN...NGS-2008-11-20

    For more information, you can read here: http://courts.arkansas.gov/rules/rul...dure/index.cfm

    These are the AR rules of criminal procedure and you can find the information on this hearing towards the bottom. Under Rule 37.
    Last edited by HRCODEPINK; 08-21-2011 at 12:43 AM.

  8. #8
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    Quote Originally Posted by UdbCrzy2 View Post
    Wow, this sounds like he was not satisfied with his defense. You do know that he has control of that though?

    I think he was dissatisfied with the outcome of his trial. Which cannot be appealed on that.

    Most appeals are because the defendant thinks his attorneys were ineffective.
    And how old was he? And did HE know that? He was a teenager, what would you do? As an adult I don't even know what I would do except to answer the truth as I knew it. And in regard to his interrogation...how long was he questioned for? When was he told he could talk to lawyer? When was he told he could talk to his parents? Were his parents there?

  9. #9
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    Are there links to Damien's (and Jason's, although OT, I guess) sessions with LE? TIA...

  10. #10
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    Quote Originally Posted by Cazzie View Post
    Are there links to Damien's (and Jason's, although OT, I guess) sessions with LE? TIA...
    You might thumb through here:
    Document Links **LIST ONLY NO DISCUSSION** - Websleuths Crime Sleuthing Community
    Last edited by OkieGranny; 02-24-2016 at 03:16 PM. Reason: broken link


  11. #11
    For those of you new to the case, check out this site:

    http://www.callahan.8k.com/

    It is the repository of all legal proceedings in connection with the case. If you can't find something there, try the Blackboard:

    http://www.wm3blackboard.com/forum/index.php

    It is a supporter's discussion board with links to documents (the Document Archive tab at the top links to callahan's) and case discussion.

  12. #12
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    Quote Originally Posted by UdbCrzy2 View Post
    Wow, this sounds like he was not satisfied with his defense. You do know that he has control of that though?

    I think he was dissatisfied with the outcome of his trial. Which cannot be appealed on that.

    Most appeals are because the defendant thinks his attorneys were ineffective.
    Not entirely true.imoo The majority of guilty verdicts are automatically appealed by DT's. imoo

  13. #13
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    Quote Originally Posted by Infojunkie View Post
    And how old was he? And did HE know that? He was a teenager, what would you do? As an adult I don't even know what I would do except to answer the truth as I knew it. And in regard to his interrogation...how long was he questioned for? When was he told he could talk to lawyer? When was he told he could talk to his parents? Were his parents there?
    Exactly. They were interrogated for hours without a lawyer present. They were interrogated and verbally attacked. imhoo

  14. #14
    The only documentation about the abusive tactics of LE toward all three is their own statements. Does anyone believe for one minute that LE would allow illegal activities to be documented?

    Jessie has said that they knocked the chair out from under him, screamed at him and told him what to say. It is documented in the trial transcripts (Gitchell's testimony) that they played a disembodied voice (one, however, that Jessie knew because he had babysat him) of an eight year old saying, "Nobody knows what happened but me." (This was Aaron Hutcheson, son of Vicki Hutcheson, whose stories were so wild that LE couldn't use them at trial.) Vicki herself testified at the trial, but she has since stated that her testimony was all a lie.

    http://www.wm3blackboard.com/forum/index.php?topic=4.0

    Here's a link to Aaron's outlandish stories:

    http://callahan.8k.com/wm3/img/aaronh.html

    Jason told his mother and she posted on Facebook that Jason told her that when he came into the interrogation room, they already had a confession written out for him to sign and that if he didn't sign, they could just throw him in the Mississippi and report him as a runaway.

    Damien talks of his LE interviews in his book, Almost Home. They screamed at him, demanded a confession, refused to let him eat or drink or even use the restroom. Finally, he made it stop by saying to either charge him or release him. At that time, they didn't have Misskelley's statement, so he was released. Later, they arrested him and continued with the abusive and brutal attacks.

    I don't know why the transcripts of the arrest interviews (if there were any) are not available. Maybe a legal mind can let us know that one!

  15. #15
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    Quote Originally Posted by Compassionate Reader View Post
    For those of you new to the case, check out this site:

    http://www.callahan.8k.com/

    It is the repository of all legal proceedings in connection with the case. If you can't find something there, try the Blackboard:

    http://www.wm3blackboard.com/forum/index.php

    It is a supporter's discussion board with links to documents (the Document Archive tab at the top links to callahan's) and case discussion.
    Or they can read the truth about the case here:

    http://wm3truth.com/

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