| "There are none so blind as those who will not see."-Stephen King |
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| Constitutional Rights That Were Denied or Violated |
| Despite the overwhelming lack of physical evidence, two separate juries rendered guilty verdicts for all three defendants. Were the verdicts a byproduct of deception, ineptness, and corruption within the justice system of Arkansas? |
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
Damien Echols’ first amendment rights were violated when his religious beliefs were used
as evidence against him in a court of law. Presenting items protected under the first
amendment as evidence in a crime is unconstitutional!
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
4th amendment rights were violated when Judge Rainy allowed the home of Damien Echols
to be invaded and searched in the middle of the night. Arkansas law requires that police
show extraordinary circumstances before such a search and seizure can be conducted.
None of these extraordinary circumstances existed. Also, common law is that arrest
warrants and affidavits filed to support the warrant are made public. The judge sealed all
such documents pertaining to the arrest.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when
in actual service in time of War or public danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for his defense.
The 5th and 6th amendment rights of Jessie Misskelley were violated when the prosecution
transferred him to serve as a witness in the trial of Damien Echols and Jason Baldwin even
after they were informed in clear terms that he would NOT testify, thereby invoking his 5th
amendment right to remain silent. The prosecution engaged in misconduct by contacting
Jessie Lloyd Misskelley Jr.'s father, and requesting that he talk his son into testifying
against his codefendants in exchange for a forty (40) year sentence. Mr. Misskelley, Sr.
informed the Prosecution that Jessie Lloyd Misskelley, Jr. would not be testifying against
his codefendants. Still, prosecutors questioned Jessie Misskelley, and without the
presence of his attorney. This misconduct also violated the constitutional rights of Damien
Echols and Jason Baldwin in that it represented an attempt to circumvent their due process
rights, their right to receive a fair and impartial trial, and their right to confront the
witnesses against them.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
Damien Echols’ first amendment rights were violated when his religious beliefs were used
as evidence against him in a court of law. Presenting items protected under the first
amendment as evidence in a crime is unconstitutional!
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
4th amendment rights were violated when Judge Rainy allowed the home of Damien Echols
to be invaded and searched in the middle of the night. Arkansas law requires that police
show extraordinary circumstances before such a search and seizure can be conducted.
None of these extraordinary circumstances existed. Also, common law is that arrest
warrants and affidavits filed to support the warrant are made public. The judge sealed all
such documents pertaining to the arrest.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when
in actual service in time of War or public danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for his defense.
The 5th and 6th amendment rights of Jessie Misskelley were violated when the prosecution
transferred him to serve as a witness in the trial of Damien Echols and Jason Baldwin even
after they were informed in clear terms that he would NOT testify, thereby invoking his 5th
amendment right to remain silent. The prosecution engaged in misconduct by contacting
Jessie Lloyd Misskelley Jr.'s father, and requesting that he talk his son into testifying
against his codefendants in exchange for a forty (40) year sentence. Mr. Misskelley, Sr.
informed the Prosecution that Jessie Lloyd Misskelley, Jr. would not be testifying against
his codefendants. Still, prosecutors questioned Jessie Misskelley, and without the
presence of his attorney. This misconduct also violated the constitutional rights of Damien
Echols and Jason Baldwin in that it represented an attempt to circumvent their due process
rights, their right to receive a fair and impartial trial, and their right to confront the
witnesses against them.
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