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| "There are none so blind as those who will not see."-Stephen King |
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| 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? |
| Misconduct and Ineptness of WMPD |
| • Questioned Damien Echols and Jason Baldwin without the presence of a parent or attorney and without reading them their Miranda rights or advising them of their right to representation • Traditional law holds that confessions must be a product of free will & voluntary choice. Free will must not be "overcome" and voluntary choice must not be "coerced". The WMPD used psychological pressure in their interrogation in order to coerce a confession. • Demonstrated an automatic bias against Damien Echols, which was evident in their automatic assumption of guilt, even at the crime scene. • The Crime Scene was not properly secured resulting in loss of potential evidence. • Failed to keep the facts of the crime scene confidential, causing rumors to circulate the media before any arrests were made. • Failed to investigate possible suspects such as John Mark Byers, the stepfather of victim Christopher Byers. Byers had a history of rageful attacks on family member and also gave statements regarding his whereabouts on the night of the murders that conflicted with statements offered by members of his immediate family. Byers who coincidentally had a relationship with the department as a narcotics informant, was never considered a prime suspect. • Mishandled and lost what may have been crucial evidence in the case, including blood evidence from another possible source. • Coroner's investigation was extremely substandard which led to the destruction of valuable evidence and ultimate misunderstanding of evidence by police. |
| Misconduct of Trial Judge David Burnett |
• Inexplicably formally expunged the felony conviction of John Mark Byers for the terroristic
threatening of his ex wife
• Delayed financing to defense lawyers until the trial was over
• Ordered a witness to testify under oath without an attorney although the witness requested an
attorney twice. He then imposed a gag order on everyone who had witnessed his action.
• Held multiple secretive in camera hearings in which jurors were ordered to leave the courtroom
• His refusal of “being second guessed” took precedence over giving the defendants a fair trial.
Judge Burnett refused to allow crucial testimony of defense experts on polygraphing and coerced
confessions that could have resulted in the acquittal of Jessie Misskelley Jr. Conversely, testimony of
the State’s expert on the occult was allowed in spite of dubious credentials.
• In the Echols/Baldwin trial, Judge Burnett deemed evidence that raised issues of State
witnesses inadmissible.
• Rather than questioning potential jurors in open court, Burnett had them questioned privately in
his chambers. The Arkansas Supreme court ruled that this process was in error. However, this
decision did not dismantle the improperly impaneled jury.
• Demonstrated an unreasonable unwillingness to separate or severe the trials of Jason Baldwin
and Damien Echols leading to a guilty by association verdict for Jason Baldwin.
threatening of his ex wife
• Delayed financing to defense lawyers until the trial was over
• Ordered a witness to testify under oath without an attorney although the witness requested an
attorney twice. He then imposed a gag order on everyone who had witnessed his action.
• Held multiple secretive in camera hearings in which jurors were ordered to leave the courtroom
• His refusal of “being second guessed” took precedence over giving the defendants a fair trial.
Judge Burnett refused to allow crucial testimony of defense experts on polygraphing and coerced
confessions that could have resulted in the acquittal of Jessie Misskelley Jr. Conversely, testimony of
the State’s expert on the occult was allowed in spite of dubious credentials.
• In the Echols/Baldwin trial, Judge Burnett deemed evidence that raised issues of State
witnesses inadmissible.
• Rather than questioning potential jurors in open court, Burnett had them questioned privately in
his chambers. The Arkansas Supreme court ruled that this process was in error. However, this
decision did not dismantle the improperly impaneled jury.
• Demonstrated an unreasonable unwillingness to separate or severe the trials of Jason Baldwin
and Damien Echols leading to a guilty by association verdict for Jason Baldwin.