Judge Says He Could Rule By Sept. 1 in Echols Case

Aug 22, 2008 at 10:07 AM
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Posted on Thursday, August 21, 2008

JONESBORO — A circuit court judge said Wednesday that he could rule by
Sept. 1 on whether new DNA evidence will lead to a new trial for Damien
Echols, who was convicted in 1994 of killing three West Memphis
8-year-olds.

Judge David Burnett tentatively scheduled a Sept. 8 hearing in
Craighead County Circuit Court to hear Echols’ attorney present proof
that Echols deserves a new trial. However, he said Wednesday evening
that he could rule in chambers before then and forgo a hearing.

“It’s a possibility,” he said. “[Echols’ attorneys ] have until Aug. 30
to submit any new pleadings, and I could rule by Sept. 1.”

Burnett presided over Echols ’ capital murder trial in 1994, in which a
jury convicted Echols and sentenced him to die by lethal injection.

Jessie Misskelley and Jason Baldwin also were convicted in the grisly
May 5, 1993, slayings of Steve Branch, Christopher Byers and Michael
Moore. The three boys, all second-graders in West Memphis, were found
dead in a water-filled ditch in woods along Interstate 40 in the
Crittenden County town.

Echols’ attorneys have filed motions indicating new DNA evidence
exonerates Echols. They also contend prejudicial statements made by a
juror in Echols’ and Baldwin’s trials also call for a new trial.

Second Judicial District Prosecuting Attorney Brent Davis of Jonesboro
could not comment on Wednesday’s scheduling hearing, citing a gag order
issued by Burnett that prevents attorneys from discussing the case.

Burnett also said he could begin hearings for Misskelley and Baldwin on
Sept. 8 to determine if they received ineffective legal counsel at
their trials.

Echols’ legal counsel was ruled effective in 1999.

Burnett prohibited the use of cameras and recording devices in the
courtroom and banned reporters from bringing them into the courthouse,
citing federal law. He said reporters could bring laptops into the
courtroom to cover the hearings, provided they were “quiet.”