Evidentiary Hearings Ordered for All Three Defendants

Discussion in 'West Memphis III' started by Compassionate Reader, Nov 4, 2010.

  1. Compassionate Reader

    Compassionate Reader New Member

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  3. Compassionate Reader

    Compassionate Reader New Member

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  4. laurensmom

    laurensmom New Member

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    Isn't it amazing?!?!?!
     
  5. Compassionate Reader

    Compassionate Reader New Member

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    What I found amazing was, well two things: the oral arguments were for Damien's trial, and both Jessie's and Jason's trials were also "reversed and remanded for an evidentiary hearing" and the number of times the Justices pointed out where the trial court was wrong.
     
  6. laurensmom

    laurensmom New Member

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    I know reader...so awesome. So much for "the courts ruled this and that"!
     
  7. gypsy gal

    gypsy gal New Member

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    I am so thankful that David Burnett is off the case and it will be reassigned to another judge!!! I really believe this is the beginning of the end!! Free the West Memphis Three.
     
  8. ziggy

    ziggy New Member

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    I'm glad to hear this news. It's a good day for lady justice. Let the chips fall where they may - at least the new hearings will give people a chance to weed out the bias, misconduct etc. and if the prosecution has new evidence bring it! I just want to know who is REALLY responsible for killing these three little boys.
     
  9. gypsy gal

    gypsy gal New Member

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    How long do you think it will take for the judge to have the hearings? I hope that it happens soon...
     
  10. ziggy

    ziggy New Member

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    Not done reading the entire thing but this stood out to me.

    From the Arkansas Supreme Court decision today regarding interpretation of the statute and the DNA results “…In addition, the term “inconclusive” in section 208(b) is not ambiguous. When read with the rest of section 19-112-208, it is evident that it refers to DNA test results that are scientifically inconclusive, not results that are legally inconclusive.”

    So, the circuit court’s reasoning was that the DNA results were inconclusive because they did not raise a reasonable probability that Damien did not commit the offenses and therefore inconclusive as to his actual innocence and that was the basis for their denials and the stone-walling. That should outrage the people of Arkansas. What if it were you? Would you like the court finding a way to interpret very plain meaning language in a convoluted way so as to keep your heiny in prison?

    It reminds me of reading very complex Contract cases in our text books…seems like the judge pretty much figured out who was right and who was wrong and then just figured out how to apply the rule of law to, as Tim Gunn would say, “make it work”! My contracts professor who is a seated judge pretty much confirmed that is what sometimes happens. Here a man’s life is at stake so this approach is repulsive.

    The court “interpreted” this language the way that they could in order to deny Echols. Here The Supreme Court didn’t have that much trouble figuring out what the language of the statute had to say and what it meant.

    I find it quite odd that some would use that erroneous circuit court decision as back up to their theory as though it were somehow unmistakably correct, even after claiming they had read everything in the case without questioning that even just a little. I wish I had had a chance to seriously read everything, but I’ve only just started following this in the last few months.
     
  11. ziggy

    ziggy New Member

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    Wow this is a huge deal in this case but all I hear over here is the sound of silence. What's up with that?
     
  12. laurensmom

    laurensmom New Member

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    Lol sorry ziggy....homework, projects, u know the good stuff! And I think I am in shock lol....I agree with ur post above...there were many surprises in their opinions!
     
  13. nephers

    nephers New Member

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    This is a big development! It isn't a get out of jail free card (for lack of a better phrase), but it is a major step in the right direction.
     
  14. Compassionate Reader

    Compassionate Reader New Member

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    It's especially great because we were just expecting a ruling on Damien's case and all three got reversed and remanded. As I read the opinions, one thing that struck me was the number of times the ASSC pointed out the errors the trial court made. With the trial court judge running (unopposed as it turns out) for State Senate and the AG running for reelection, it's little wonder that the decision was delayed until the Thursday after the election. Anybody still believe that politics weren't involved?
     
  15. Nova

    Nova Active Member

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    ziggy, I'm sorry to report that my close friend the appellate attorney (juvenile court in CA) reports that appeals courts manipulate the law like that all the time. And almost always to uphold a shaky verdict and deny a defendant due process.

    Appellate defense lawyers really are the Don Quixotes of our legal system. God bless them!

    Looks like maybe this time, at least for the moment, the windmills lost.
     
  16. Nova

    Nova Active Member

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    It only seems silent because you can't hear the whooping and hollering at my house!

    And the crying, because I may have to take back all my snarky comments about Arkansas and "hillbilly justice." Of course, time will tell on that.
     
  17. ~Lisa~

    ~Lisa~ New Member

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    It's great news, I'm just not getting my hopes up too high thou!


    Stunned and thrilled Echols' wife says she shared the news with her husband by phone.
    Davis says, "I told him well this is the beginning and he said no quite frankly Lorri this is the end. and he's right it is."

    http://www.katv.com/Global/story.asp?S=13448896

    video top right of the pg.
     
  18. EGirl

    EGirl #RockportStrong

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    IMO, Damien is right where he belongs. All of the sudden this guy is a stable citizen?
     
  19. Nova

    Nova Active Member

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    I don't see how we can know how Echols would function outside prison after so many years behind bars.

    But in this country, we don't keep someone in prison simply because he scared somebody when he was a minor.
     
  20. justthinkin

    justthinkin New Member

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    I'm actually glad there is going to be an evidentiary hearing. We will now learn whether or not some old witnesses recant their testimony or not, plus am looking forward to further DNA testing of hairs, and anything else that needs to be tested. Perhaps the functioning IQ of Jessie will finally be resolved, and he will be handled in a manner appropriate to someone of his abilities or lack thereof.

    I do worry that Echols statement may be more cocky than it is hopeful, also noting his words may hold more than one meaning. Wouldn't it be something if they really were guilty, and Echols had been using Lorri all this time to get himself free, and once free has no further use for her.

    But why would an innocent man want to keep the cameras off his mother and sister, and ask that they not talk to media? Kind of baffling to me. Also baffling is the lack of photos of Damien's mother with Lorri. Just seems really strange to me, as if something or someone was being kept hidden or quiet intentionally. I did read that his mother was excited about the hearing.
     
  21. tezi

    tezi Member of Websleuths since 2000.

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    Hey, if it weren't for your snarky comments we wouldn't be such great friends! And I live in AR! LOL

    It's a great day for the WM3, now maybe everyone will get the justice they deserve. Stevie, Chris, and Michael's murderer(s) better be getting a bit concerned. IMO, JMO, MOO

    ETA: I am just floored at this development. Finally, after all these years, a lot of wrongs might be made right.
     

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