Sunday, January 23, 2022

West Memphis Three: Arkansas: Significant Development: Damien Echols charges that a prosecutor is refusing to cooperate with the DNA testing that could prove their innocence - forcing them to go to court, THV11 (Reporter Ashley Goodwin) reports..."In a tweet sent Tuesday morning, Echols said, "The prosecutor in Arkansas has refused to cooperate with new DNA testing. He says if we want it done, we'll have to fight for it in court." This comes only a month after attorneys Echols' attorneys found evidence that was thought to be destroyed, including shoelaces used to tie the boys up. "We waited 18 months from the time the former prosecutor agreed to allow us to test this evidence. It's outrageous," said Lonnie Soury, a member of Echols's defense team. Chrestman asked Echols' legal team to file a request for the evidence to be tested through the courts... something they didn't expect and still don't understand. "Why in the world after 18-months to find this evidence would the prosecutor ask us to go through this formality when it's unnecessary," asked Soury."


WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?" 

------------------------------------------------------------------

PASSAGE OF THE DAY: "Now, with the recovery of the evidence, Echols' legal team is working to get it tested. "We are planning to move ahead and test this evidence using the latest DNA technology available to hopefully identify the real killer(s) of the three children in 1993, and exonerate Damien Echols, Jason Baldwin and Jesse Misskelley,” said Benca. In December, the West Memphis police chief resigned the same week this new evidence was discovered. The city said his resignation had nothing to do with the case."


-------------------------------------------------------------------


STORY: "Damien Echols says prosecutor refusing to cooperate  with new DNA testing," by Reporter Ashley Goodwin, published by THV11, on January 11, 2022.


SUB-HEADING: Damien Echols said new DNA testing is being stalled by an Arkansas prosecutor that could lead to innocence in the murder of three three boys in 1994."


GIST: "LITTLE ROCK, Arkansas: Damien Echols claims the Crittenden County Prosecutor Keith Chrestman is refusing "to cooperate with new DNA testing."


In 1994, Echols, Jason Baldwin, and Jessie Misskelley were charged and convicted of the murders of three boys in West Memphis. 


In 2011, 20-years later, all three men walked free on an Alford plea that essentially stated that they maintained their innocence in the crime, but claimed the prosecution had enough evidence to convict them.


But the case has still seen its fair share of back-and-forth, even now. 


In a tweet sent Tuesday morning, Echols said, "The prosecutor in Arkansas has refused to cooperate with new DNA testing. He says if we want it done, we'll have to fight for it in court."

This comes only a month after attorneys Echols' attorneys found evidence that was thought to be destroyed, including shoelaces used to tie the boys up. 


"We waited 18 months from the time the former prosecutor agreed to allow us to test this evidence. It's outrageous," said Lonnie Soury, a member of Echols's defense team.


Chrestman asked Echols' legal team to file a request for the evidence to be tested through the courts... something they didn't expect and still don't understand.


"Why in the world after 18-months to find this evidence would the prosecutor ask us to go through this formality when it's unnecessary," asked Soury.


We reached out to the prosecuting attorney's office with questions, but haven't heard back. 


Despite that, Soury said the Echols' defense is working to file the prosecutor's request involving the newly discovered evidence.


In 2021, Echols claimed the West Memphis Police Department didn't comply with requests for documents under the Freedom of Information Act and that the department could have destroyed evidence that would've led to his innocence.


"We are pleased that the evidence is intact," Echols' attorney Patrick Benca said later in a news release. 


The prosecutor in Arkansas has refused to cooperate with new DNA testing. He says if we want it done, we’ll have to fight for it in court. 


He plans to attempt to stall or prevent it from happening every step of the way.


Now, with the recovery of the evidence, Echols' legal team is working to get it tested.


"We are planning to move ahead and test this evidence using the latest DNA technology available to hopefully identify the real killer(s) of the three children in 1993, and exonerate Damien Echols, Jason Baldwin and Jesse Misskelley,” said Benca.


In December, the West Memphis police chief resigned the same week this new evidence was discovered. The city said his resignation had nothing to do with the case.


Now, while a search committee finds a new chief, the city has promoted an officer to assistant chief who is currently taking over the chief duties."


The entire story can be read at: 


https://www.thv11.com/article/news/crime/damien-echols-arkansas-prosecutor-new-dna-testing/91-9f871b26-af2e-405e-a982-50a354bac417


PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

----------------------------------------------------------------------------------------------------

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;