Wednesday, August 3, 2022

West Memphis Three: Arkansas: Bulletin: The battle to prove their innocence continues: THV11 reports (Reporter Michael Buckner) that Damien Echols is appealing a judge's ruling denying DNA testing of evidence..."Lawyers have been battling to get newly discovered evidence tested, which they hope could exonerate Echols, Jason Baldwin, and Jessie Misskelley. "This conclusion is based on the flawed assumption that the only consequence that matters from a conviction is its sentence," Echols' lawyer Patrick Benca said in a release. "Hundreds of wrongfully convicted have sought relief after they were paroled and were 'free.'"


PASSAGE OF THE DAY: "Benca called Alexander's ruling "an erroneous exercise in statutory interpretation." "We are extremely disappointed in the Judge's decision which was based upon a narrow interpretation of the law and one that failed to allow justice to be served," Echols said. "All I asked for the right to seek to identify the DNA of the real killer(s). We are appealing that decision and are confident that the Arkansas Supreme Court will see it differently. The sad fact is that those responsible for the murders of three children in 1993 have breathed a sigh of relief now that the state of Arkansas is once again in their corner."

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STORY: "Damien Echols appeals denial to DNA test evidence in West Memphis Three case," by Reporter Michael  Buckner, published by THV11, on August 2, 2022.

SUB-HEADING: "A lawyer is appealing a judge's ruling that denied testing in the West Memphis Three's long battle to prove their innocence."

GIST: "A lawyer for Damien Echols is appealing a judge's ruling that denied new DNA testing in the murder of three children in 1993.

In June, Judge Tonya Alexander ruled that it wasn't within the West Memphis Three's "rights," denying a habeas petition because she said it's only available for people currently in state custody.


Lawyers have been battling to get newly discovered evidence tested, which they hope could exonerate Echols, Jason Baldwin, and Jessie Misskelley.


"This conclusion is based on the flawed assumption that the only consequence that matters from a conviction is its sentence," Echols' lawyer Patrick Benca said in a release. "Hundreds of wrongfully convicted have sought relief after they were paroled and were 'free.'"


Benca called Alexander's ruling "an erroneous exercise in statutory interpretation."

"We are extremely disappointed in the Judge's decision which was based upon a narrow interpretation of the law and one that failed to allow justice to be served," Echols said. "All I asked for the right to seek to identify the DNA of the real killer(s). We are appealing that decision and are confident that the Arkansas Supreme Court will see it differently. The sad fact is that those responsible for the murders of three children in 1993 have breathed a sigh of relief now that the state of Arkansas is once again in their corner."


Under Arkansas law, a person that was convicted of a crime can request DNA testing "or other tests which may become available through advances in technology" to prove if a person is innocent.


The appeal will go to the Arkansas Supreme Court, but a date has not been set for the court to look at the case."


The entire story can be read at:


https://www.thv11.com/article/news/crime/damien-echols-appeals-denial-test-evidence-west-memphis-three/91-d0eb2c51-d26c-4a32-8b6b-715dd1afedaa

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;

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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;
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