Wednesday, March 15, 2023

The West Memphis Three: Damien Echols; Jessie Misskelley Jr. and Jason Baldwin; Arkansas; Bulletin; Little Rock: Arkansas; Major (Unwelcome) Development: "After 3 years of fighting to get new evidence tested for DNA, the State says the WM3 petition should be tossed out— and now, the attorneys are responding in court THV11 (Reporter Ashley Goodwin) reports...Echols, one of the West Memphis Three, and his legal team have hit another obstacle as they try to get the court's permission to test newly found evidence for DNA. Now, Attorney General Tim Griffin has requested the Arkansas Supreme Court to dismiss the case based on the fact that the petition was filed in Crittenden County— but Echols was convicted in Craighead County. "Lawyers have to follow the law and when you file in the wrong place that's not my fault," said Attorney General Griffin. "We feel strongly that we are in the right. Nevertheless, this is a complete delaying tactic," Soury explained."

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?")

https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html

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STORY: "Attorney General asks judge to dismiss West Memphis Three petition," by Reporter Ashley Goodwin, published by THV11 on March 2, 2023.

SUB-HEADING: "After 3 years of fighting to get new evidence tested for DNA, the state says the WM3 petition should be tossed out— and now, the attorneys are responding in court."
GIST: "After three years of fighting to get new evidence tested for DNA, the state is saying the West Memphis Three petition should be tossed out.
Now, the attorneys are responding in court.

"We are trying to find the real killers. The DNA of these three children is likely in that evidence," said Lonnie Soury, a member of Damien Echols' legal team


Echols, one of the West Memphis Three, and his legal team have hit another obstacle as they try to get the court's permission to test newly found evidence for DNA.


Now, Attorney General Tim Griffin has requested the Arkansas Supreme Court to dismiss the case based on the fact that the petition was filed in Crittenden County— but Echols was convicted in Craighead County.


"Lawyers have to follow the law and when you file in the wrong place that's not my fault," said Attorney General Griffin.


"We feel strongly that we are in the right. Nevertheless, this is a complete delaying tactic," Soury explained. 


Attorney General Griffin expects Echols' legal team to refile in Craighead County, but he said that it won't make a difference in the long run.


He explained that the particular petition they filed is not up for interpretation and ultimately is not within their rights.


"Even if he files within the right court, there is no body that's required under habeas corpus because he's released," said Attorney General Griffin.


Echols' legal team has filed a response to the Attorney General's request, where they are asking the court to deny it. 


Ultimately, the judge will make a final ruling on whether to proceed.


If the judge makes the decision to deny the state's request for dismissal, then Attorney General Tim Griffin will get a chance to respond to that decision."


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The entire story can be read at:


91-534075b1-df32-40b5-a61b-357f50d7ea2b


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/


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