David Jacoby

[reedus23]

Okay, I'll ask. What direct, tangible evidence is there that places the three men at the scene? And no, I don't want to see "Oh Damian told this girl" or "This kid in jail said so."

There is no tangible, physical evidence. The only things that can place them there are the words of the girls, the words of a jailhouse snitch who has recanted and Jessie's worthless confession.

 

[Ina Cognito]

There is no tangible, physical evidence. The only things that can place them there are the words of the girls, the words of a jailhouse snitch who has recanted and Jessie's worthless confession.

Exactly....

 

[Compassionate Reader]

. . . and the only people who are connected, by tangible, physical evidence, to the discovery site are Hobbs and Jacoby.

 

[gheckso]

Ark Supreme Court

No matter how suspicious, inappropriate, or unexplainable the behavior may be, it will not support a jury verdict.   This court has stated more than once with regard to suspicion and circumstantial evidence and its inferences that where inferences are relied upon, they should point to guilt so clearly that any other conclusion would be insufficient.  Hodge v. State, 303 Ark. 375, 797 S.W.2d 432 (1990);  Ravellette v. State, 264 Ark. 344, 571 S.W.2d 433 (1978).

 

[Compassionate Reader]

Ark Supreme Court

No matter how suspicious, inappropriate, or unexplainable the behavior may be, it will not support a jury verdict.   This court has stated more than once with regard to suspicion and circumstantial evidence and its inferences that where inferences are relied upon, they should point to guilt so clearly that any other conclusion would be insufficient.  Hodge v. State, 303 Ark. 375, 797 S.W.2d 432 (1990);  Ravellette v. State, 264 Ark. 344, 571 S.W.2d 433 (1978).

BBM

Very interesting! Do you know if this was cited by anyone on the defense team, either in November, 2010 or prior to that? It seems to speak directly to this case.

 

[gheckso]

This is a paragraph from the supreme court justice findings 2002 in relation to the Tim Howard case. Link

It is very similar to this case and much of the findings within this spoke to the circumstantial evidence that was presented.

Here's another:
Circumstances relied upon must be so connected and cogent as to show guilt to a moral certainty, and must exclude every other reasonable hypothesis than that of the guilt of the accused. Justice Butler in the case of Bowie v. State, 185 Ark.

Also of interest: Howard's attorney is Patrick Benca

 

[Compassionate Reader]

This is a paragraph from the supreme court justice findings 2002 in relation to the Tim Howard case. Link

It is very similar to this case and much of the findings within this spoke to the circumstantial evidence that was presented.

Interestingly Tim Howard was recently granted a new trial, IIRC.

 

[Ghetto Spaghetti]

There is no tangible, physical evidence. The only things that can place them there are the words of the girls, the words of a jailhouse snitch who has recanted and Jessie's worthless confession.

The only physical evidence, such as it is, that even maybe sorta just-a-little pointed to the wm3 were fibers on Damien's clothing found during a search that were microscopically similar to those of the clothing of one of the boys. Came out in trial, however, that those same fibers were also microscopically similar to nearly half of the apparel in the local Walmart. Guess where most people in West Memphis shopped, since there wasn't really anything else in town? So physical evidence, sure, but hardly conclusive.

All the documents posted to callahan, I think, are legitimate but do not implicate wm3. Yes, Damien had extensive psychiatric history. Yes, he had a violent encounter with the ex boyfriend of a previous girlfriend. Yes, Jessie confessed just as many times as he recanted, but his information was mostly false and inconsistent with the known facts. His confessions were, however, consistent with the whole satanic panic notion and the cause of injuries as investigators believed them to be at the time. Fast forward using bonafied experts and Occam's Razor, we now know most of the injuries Jessie explained as assault were from animal predation.

The focus of one parent to the next is actually logical. You start with the family always because in the death of a child, that's where you find your perp about 90% of the time. It's not a smoke screen generated by the blindly supportive.........it's investigation 101.

The wm3 are innocent. As for the guilty, well, we'll probably never see a conviction, but look at the person who would have been viewed by them as an authority figure, has a history of violence, a reason to intensely dislike at least 1 of those kids, anger problems, the sociopathic confidence to hide 3 bodies in the drainage ditch, possibly in broad daylight OR at least had a place to hide them until he could do it at night. Sound like 3 high school kids living in trailer parks with their families? Nah.

Oh, and Marion is within walking distance of West Memphis. Few short miles down a service road along the interstate. Damien did reside in both towns easily, but was usuaaly at Domini's in Marion.

 

[Compassionate Reader]

FYI, the fiber evidence has been debunked.

http://www.kait8.com/link/583753/pdf-forensic-scientists-claim-wm3-fiber-evidence-is-wrong

 

[Cher Lockhomes]

This is certainly the most "derailed" thread I have read up to now. I was hoping to find some information about DJ's wife Bobbie. Has BJ ever been questioned/made a statement about the 5th of May 1993 ? I certainly haven't found anything that suggests she was questioned.

 

[Graznik]

This is certainly the most "derailed" thread I have read up to now. I was hoping to find some information about DJ's wife Bobbie. Has BJ ever been questioned/made a statement about the 5th of May 1993 ? I certainly haven't found anything that suggests she was questioned.

I've always wondered about that too. Nothing on Callahans at all.

 

[Cher Lockhomes]

This is all I could find:

"Efforts last week to reach Jacoby, 50, were unsuccessful. However, his wife, Bobbie, told a reporter that Hobbs and his daughter came to their house that night but Hobbs left by himself and returned about an hour later. "He came back and said he couldn't find the kids nowhere,'' she said. Mrs. Jacoby said her husband then left with Hobbs and others to search for the boys.

She said Stevie and the Jacobys' daughter, Victoria, were playmates who talked of marrying when they grew up. She said she's known Pam Hicks for 40 years but hardly knows Terry and is scared of him.

"He shot Pam's brother,'' she said, referring to Hobbs' 1996 guilty plea to misdemeanor assault for shooting Jackie Hicks Jr. during a fight. "He's kind of dangerous. We haven't seen him in many, many years. Don't want no contact with him.'’

http://www.commercialappeal.com/news/local-news/no-headline-west_memphis

 

[Justiceseeker35]

This is all I could find:

"Efforts last week to reach Jacoby, 50, were unsuccessful. However, his wife, Bobbie, told a reporter that Hobbs and his daughter came to their house that night but Hobbs left by himself and returned about an hour later. "He came back and said he couldn't find the kids nowhere,'' she said. Mrs. Jacoby said her husband then left with Hobbs and others to search for the boys.

She said Stevie and the Jacobys' daughter, Victoria, were playmates who talked of marrying when they grew up. She said she's known Pam Hicks for 40 years but hardly knows Terry and is scared of him.

"He shot Pam's brother,'' she said, referring to Hobbs' 1996 guilty plea to misdemeanor assault for shooting Jackie Hicks Jr. during a fight. "He's kind of dangerous. We haven't seen him in many, many years. Don't want no contact with him.'’

http://www.commercialappeal.com/news/local-news/no-headline-west_memphis

Given the statements by Jacoby (they played guitars an hour roughly 5:30-6:30 , he saw the kids riding by on bikes, he didn't act too concerned yet about missing kids) and the neighborhood witnesses. Is there anything that supports the possibility a hypothetical theory that TH went home after playing guitars? Found the kids at the Hobb's home and asked them where they had been, and that location was where the blunt force attacks to the children's heads took place. Any possibility that the victims were tied up and left in that ice cream delivery truck that belonged to TH? At this point being the one who committed the crime and in the know could manipulate the search/investigation where he wanted to lead it. There would be enough time in the window of where Jacoby saw TH leave alone and then return only 1 to two hours later to get him to help him find the kids and thus starting the cover story. It's very doable considering they lived very close together. He could then do a "water burial" in the middle of the night after the searches were over using his delivery truck.

 

[Graznik]

Given the statements by Jacoby (they played guitars an hour roughly 5:30-6:30 , he saw the kids riding by on bikes, he didn't act too concerned yet about missing kids) and the neighborhood witnesses. Is there anything that supports the possibility a hypothetical theory that TH went home after playing guitars? Found the kids at the Hobb's home and asked them where they had been, and that location was where the blunt force attacks to the children's heads took place. Any possibility that the victims were tied up and left in that ice cream delivery truck that belonged to TH? At this point being the one who committed the crime and in the know could manipulate the search/investigation where he wanted to lead it. There would be enough time in the window of where Jacoby saw TH leave alone and then return only 1 to two hours later to get him to help him find the kids and thus starting the cover story. It's very doable considering they lived very close together. He could then do a "water burial" in the middle of the night after the searches were over using his delivery truck.

Well, we have got this affidavit: http://callahan.8k.com/pdf/affidavit_jamie_clark_ballard.pdf
According to that, Hobbs did go back to his house after playing guitar with Jacoby AND he saw the children at that time.

 

[Justiceseeker35]

Well, we have got this affidavit: http://callahan.8k.com/pdf/affidavit_jamie_clark_ballard.pdf
According to that, Hobbs did go back to his house after playing guitar with Jacoby AND he saw the children at that time.

Wow that's good stuff there! So I'm starting to lean in this direction for one because I think the John Douglas profile and theory that the woods are a dump site has some merit. And it doesn't have to be so black and white either. The initial attack could have started at the house and finished in the woods. So my line of thinking is.. if I'm a child batterer or domestic abuser then why take the abuse into the woods. It would be way too risky to ambush the kids in the woods and beat them and too hard to control all the variables (one runs and gets away). The abuse happens at home and stays there behind closed doors where he can corner and subdue. But joining the evening search he can scout a place to use as a dump site.

 

[Graznik]

Wow that's good stuff there! So I'm starting to lean in this direction for one because I think the John Douglas profile and theory that the woods are a dump site has some merit. And it doesn't have to be so black and white either. The initial attack could have started at the house and finished in the woods. So my line of thinking is.. if I'm a child batterer or domestic abuser then why take the abuse into the woods. It would be way too risky to ambush the kids in the woods and beat them and too hard to control all the variables (one runs and gets away). The abuse happens at home and stays there behind closed doors where he can corner and subdue. But joining the evening search he can scout a place to use as a dump site.

So what you're saying here is that TH would have to commit the crime and dump the bodies within the hour or so between leaving and returning to DJ's house?

I too believe that the crime wasn't commited where the bodies were found, but I lean towards them being commited in some part of the woods regardless of who we are discussing as a possible perpetrator. I find it unlikely, although not impossible, that the murder site was anywhere else than those woods.

 

[Justiceseeker35]

So what you're saying here is that TH would have to commit the crime and dump the bodies within the hour or so between leaving and returning to DJ's house?

I too believe that the crime wasn't commited where the bodies were found, but I lean towards them being commited in some part of the woods regardless of who we are discussing as a possible perpetrator. I find it unlikely, although not impossible, that the murder site was anywhere else than those woods.

Nah I'm saying he leaves three nearly dead tied up children in his delivery truck until he has time to dump the bodies. For one he has no medical training for all he knew they had passed on (though probably nearly gone) the head wounds were horrific. Witnesses in and around the house PH and family stated he had changed clothes and he was doing laundry on the night of the children gone missing. Sounds like most of the items came from SB's room. We don't know how much was cleaned up between the time he left DJ's house and the time he came back to DJ's house. There was never a police search of the Hobbs house or Hobbs car so no evidence was ever collected from the home.

 

[Cher Lockhomes]

„If“ TH did it, my psychological profile of aforementioned person suggests he carried out the atrocities at 1601 S. McAuley. All past outbreaks of violence occurred in and around the direct vicinity of his „home“. When in public TH appears either very disciplined, or very timid. If he was ever compromised by strangers or family, he retreated and waited for a chance to get „even“.

When I first looked at him, I tended towards thinking he blew a fuse and attacked his victims. After looking into him a bit deeper, I would say the signs show his actions are premeditated, and that puts him into a different category. I don’t believe DJ had anything to do with the murders. I think DJ had a fatherly respect for TH, and that TH took advantage of this, and manipulated DJ.

I’m still looking into the statements of DJ, I think there are some very interesting things in there from a psychological point of
view . At the moment, I think TH went home after taking PH to work, SB was there with his friends and TH took SB, and possibly MM and CB, into the house, and gave SB his supper. Whatever happened in this next half hour took TH onto the next level of anger and hate. I think he had made his decision that he was going to dish out some major punishment. He decided to get AH out of the way, and ordered SB to stay near the house with his friends until he came back. He went to DJ, the boys possibly followed him. That could have been the sighting that DJ mentioned.

 

[Justiceseeker35]

„If“ TH did it, my psychological profile of aforementioned person suggests he carried out the atrocities at 1601 S. McAuley. All past outbreaks of violence occurred in and around the direct vicinity of his „home“. When in public TH appears either very disciplined, or very timid. If he was ever compromised by strangers or family, he retreated and waited for a chance to get „even“.

When I first looked at him, I tended towards thinking he blew a fuse and attacked his victims. After looking into him a bit deeper, I would say the signs show his actions are premeditated, and that puts him into a different category. I don’t believe DJ had anything to do with the murders. I think DJ had a fatherly respect for TH, and that TH took advantage of this, and manipulated DJ.

I’m still looking into the statements of DJ, I think there are some very interesting things in there from a psychological point of
view . At the moment, I think TH went home after taking PH to work, SB was there with his friends and TH took SB, and possibly MM and CB, into the house, and gave SB his supper. Whatever happened in this next half hour took TH onto the next level of anger and hate. I think he had made his decision that he was going to dish out some major punishment. He decided to get AH out of the way, and ordered SB to stay near the house with his friends until he came back. He went to DJ, the boys possibly followed him. That could have been the sighting that DJ mentioned.

I agree with you, I think DJ was used as a cover story. I think the home life was whipping into something where SB was in grave danger. He sensed it which is why he was asking his Mom to leave TH. I have a strong hunch the other two children did not want to leave SB alone with the step father. and was reluctant to go home themselves. What I found really interesting was in the police interview of TH in 07 he claimed he had never been in Robin hood hills before that night and that he never knew what is was or where it was. I wonder if that was a lie?

 

[Justiceseeker35]

I agree with you, I think DJ was used as a cover story. I think the home life was whipping into something where SB was in grave danger. He sensed it which is why he was asking his Mom to leave TH. I have a strong hunch the other two children did not want to leave SB alone with the step father. and was reluctant to go home themselves. What I found really interesting was in the police interview of TH in 07 he claimed he had never been in Robin hood hills before that night and that he never knew what is was or where it was. I wonder if that was a lie?

I can't decide what's the most likely scenario,
1. He does the murders at the home where's he most comfortable and then uses the search party information to find a dump site. (telling the truth in the interview about never going into Robin hood before that night)
2. He does the murders in a wood he's never been to before taking a whole lot of chances with the situation getting out of control and getting caught (telling the truth in the interview)
3. He lies about not being familiar with the woods to look innocent to the officer doing the interview.
4. Or he's completely innocent and was not familiar with the woods at all.