Arkansas Supreme Court Opinion: Motion Denied

ARKANSAS SUPREME COURT
Opinions delivered October 29, 2009

CR08-1493. Damien Wayne Echols v. State of Arkansas, from Craighead
Circuit, Western District. Appellant’s motion for order staying appeal
and remanding for further proceedings regarding showing of actual
innocence is denied. Wills, J., not participating.


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While it doesn't sound that way, this is good news. Damien's defense team is now free to present to the federal judge without have to go back to Judge Burnett. Getting him out of the picture is a hard won victory. 

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inkedgirl
I am embarrassed of my state's judicial system. Really. Shame on you, Arkansas. Haven't these three men suffered enough for a crime that they did not commit? Let's hope that recent evidence and revelations will at long last exonerate these innocent men. When will it end?
Polly Murphy
[this is good]
You know. I am embarrassed but not one bit surprised. At age 60, and coming from a very small Arkansas town, I can tell you that it isn't a state you really want to live in. It is the surpeme example of Good Ole Boys politics alive and kicking. At church, they have the assigned seats, tell the preacher what to say and kick him out if he doesn't... and they run "their" towns and businesses the exact same way on the backs of the poor people. There are two classes there, you know, the rich and the poor and the rich like it that way. To them, the poor deserve disrespect and can be replaced. So, it is no problem to walk right over the rights of 3 boys and to disregard the lives of 3 even younger boys. They don't matter in the good ole boy world. I am ashamed of Arkansas for allowing this to keep going on but they always will. That's just how it is.
inkedgirl
Thank goodness I live in Fayetteville. I like to profess that it is a more progressive, forward-thinking kinda place. Having grown up across the bridge in Memphis, TN with roots in the MS Delta, I have seen the workings of the have VS have-nots...
Let's keep on getting the word out about the WM3.

Budgie
Like many of you, I've followed this case for years. I'm a lawyer and a high school teacher in California and have taught this case in connection with a law class and my English classes as it relates to "The Crucible."
DownUnderAust

I live in Australia and I follow your sites daily, quite often in complete disbelief that the things I am reading are happening in America in 2009!? I spread the word to anyone willing to listen and have shown the movies to all my friends hoping that even from way down here, we can try and make a difference. I wear my free the WM3 bracelet as a reminder that if I think I am having a bad day, I can think again and if I feel like I have no options; I am so wrong. Thinking of the boys puts so much in perspective. My time takes on a whole new meaning.

I read that the motion was denied and thought I would be sick. Then I read the comment about the federal Judge. My question is time frame?? How long does that take and what will happen now?

Polly Murphy
Thank you. goes to show that much of the following consists of intelligent, educated people.
Farmboy7899
With Judge Burnett out of the picture....that IS good news. This guy wouldn't recluse himself from the case EVEN IN RETIREMENT. Thank the Lord they are finally out of his clutches!!
iammine
[this is good]
"Great" news!

Do you know, or have any idea, when they will present to the Federal Judge?
Budgie

Thank YOU, Polly!

kiwi pauline
[this is good]
As DownUnderAust wrote, I too felt sick when I read that the motion had been denied.
tina crosby
[this is good]
It will be great to have judge burnett out of the way.... This is great news, but I like many others are wondering how long this will take?

Im from England UK and I follow daily. Really hope justice can be done.

FREE THE WEST MEMPHIS 3.
vizah
I am also from Australia and come across this case one day watching CI Channel on Foxtel it really got me intrigued! I find this absolutely deplorable! These poor guys are going through hell and these narrow minded dimwits who are succumbing them to the torment of incarceration make me sick! It's as if they have simply lost care towards this case, appauling! Shame job to them!I really genuinely feel for these poor guys!
Terri K
[this is good]
Oh My God!!! What is happening down in Arkansas? I just stumbled upon this case a couple days ago and can not get it out of my mind. I have spent countless hours researching all the information available on the internet and I'm just floored that this can happen, then go on for so many years. If all the information on the internet is true........there has been a terrible miscarriage of justice. What is wrong with the officials in that state? Are they blind, deaf and dumb too? Im just speechless! It makes me ashamed of the American justice system. I have a big mouth, and count me in to help these boys!!!!!!!
JUSTICE
Hi Terry, welcome! Check this out, the prosecution told Terry Hobbs that everything that is going on right now for him not to worry because it doesn't matter!! So they already had their minds made up! Also being that your exploring and looking up things on this case there is a site called the wm3 hoax. It is people that disagree that the wm3 are not guilty. Within their group is Todd Moore, Michael Moore's father, he goes under the name of Mikeys padre'. You would not believe some of the things they say! I understand his pain and I don't blame him at all but there are some things he says that just shouldn't be said. JMO
Terri K

Hey Justice: Thanks for the website. Will go there as soon as I finish this note to you. You seem pretty knowledgable about all this. I am very curious about the piece of Terry Hobb's hair that was found at the crime scene in one of the boys shoelaces. Was that hair found on his stepson, or was it another child? I would suppose it could be more easily explained away if it was on his stepson. Also, I haven't yet stumbled upon much specific information regarding the crime scene except that there was no evidence found there. It just seems that the crime took place at another location (which would have been littered with evidence) then these boys were moved to the creek. Is that the general consenses? Thanks! Terri

JUSTICE
Hi Terry: You can find this in the new evidence. They found the hair of Terry Hobbs in Michael Moore's binding knot and Jacobi's hair on a tree stump. Now Terry was with Jacobi that very night that the boys came up missing. Now some will say the hair was transferred, but come on the boy was submerged in water and it was still there? And what are the odds that a friend of Hobbs who was with him on May 5th 1993 of his hair found on the tree stump in the Robin Hood Hills and no other evidence or DNA from either the three convicted or the victims was found?
Terri K
Hey Justice:Where has this new evidence been all these years? Im also wondering what these boys were convicted on? No evidence? One of them sits on death row. Surely they must have something very convincing. And Im wondering how and why that Judge Barnette (or whoever he is) allowed that so-called confession of Misskelly into the court as evidence? The child was clearly clearly led to all the right answers. This whole thing is really very upsetting. I have so many unanswered questions. I went to that hoax website.....that was a real joke. Some lady on there claimed she was in a truck that night at the scence with an irrate male who tried to force her out of the vehicle. She was not welcome at that site, you should read it.
JUSTICE
If you go to wm3 wikipedia there is a wealth of knowledge on the case. Also scroll down to references on there and you can read them as well. One thing will lead to another and you will become very educated on this case.

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