Taken from http://www.wm3.org
BURNETT: MOTIONS DENIED
Judge Burnett has denied Damien's, Jessie's, and Jason's Motions for a New Trial. In Echols' Order, the Judge claimed "the Petitioner's DNA testing results are not compelling evidence that he would be acquitted." Judge Burnett also refused to consider the jury issues: "The Court agrees with the State that it cannot entertain the Petitioner's juror bias and misconduct claims under the DNA-testing statute and that the Court's consideration of them in any proceeding is foreclosed by law of the case." According to KATV, the defense team plans to appeal.
Judge: No New Trial for West Memphis Three Wednesday, 10 Sep 2008 By Jill
ZemanAssociated Press Writer
LITTLE ROCK (FOX13) --
A circuit court judge Wednesday rejected claims that new DNA evidence proves the innocence of three men convicted of killing three boys 15 years ago, and denied their requests for a new trial.
Circuit Court Judge David Burnett issued a 10-page order Wednesday denying requests for a new trial. Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley -- known by supporters as the "West Memphis Three" -- had requested a new trial, arguing that new DNA evidence clears their clients.
Both Baldwin and Misskelley claim their lawyers failed to adequately represent them during their separate trials. Their lawyers also say DNA evidence provided by Echols' defense team shows the men did not kill Steven Branch, Christopher Byers and Michael Moore.
"The court finds that (Echols's) DNA-testing results are inconclusive because they do not raise a reasonable probability that he did not commit the offenses; that is, they are inconclusive as to his claim of actual innocence," Burnett wrote in the order.
In his appeal, Echols argued that newly analyzed DNA found no trace of him, Misskelley or Baldwin at the crime scene. But Burnett said he agreed with prosecutors' arguments that the absence of DNA didn't equal innocence.
"Proof of actual innocence requires more than his exclusion as the source of a handful of biological material that is not dispositive of the identity of a killer," Burnett wrote.
Burnett also said that even if he agreed that the new DNA evidence should be heard in court, he would deny Echols' request for a trial because there was "not compelling evidence that he would be acquitted."
Police found the three boys' bodies in a drainage ditch a day after their May 5, 1993, disappearance. A month passed before police arrested the three teens. Misskelley told investigators how he watched Baldwin and Echols sexually assault and beat two of the boys as he ran down another trying to escape.
A separate jury gave Misskelley a life-plus-40-year sentence for the killings. Baldwin received a life sentence without parole, and Echols was sentenced to death.
U.S. District Court Judge William R. Wilson Jr. ruled in November that claims about the DNA evidence first needed to be heard in state courts. The Arkansas Supreme Court has upheld their convictions.
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Obviously, this means we need a renewed effort to raise awareness and funds for their legal defense. Anyone can help, there are so many things you can do to help! I'm working on some new and exciting things, and you are always welcome to work with me... or come up with something yourself.
Here are some things you can do: Donate money to the legal defense fund, the info on how to do this can be found at http://www.wm3.org. They have a new project - the WM3 Photo Wall Project - for a $6 donation to the legal defense fund, your pic will be displayed on the WM3 Photo Wall at WM3.org http://www.wm3.org/live/photowall/ I just sent in a pic of my ugly mug.Other ways you can help:Talk about the cause... to anyone and everyone. Wear a shirt (purchased at www.wm3.org or one of the cool Gris Grimley shirts) or make one of your own. Put a bumpersticker on your car, wear a button, give out buttons (I have cheap buttons made up and take them with me to shows and hand them out, and I always try to get some of the performing band members to wear a button on stage). Repost bulletins and blogs that you see here and from other reliable sources. Support awareness efforts and bands/businesses/people who work hard for the cause.
Throw a fundraising event: this can be anything from a concert to a car wash to a bake sale to.. well... anything! I'm here to offer any help and any suggestions.
I am clear proof that anyone can help... I'm a 50-year-old single parent with fibromyalgia who has been through the wringer personally, I was even homeless during the second WM3 World Awareness Day. I live in the middle of nowhere, in a town so small that Walmart is the social center. I'm not rich, I'm not incredibly smart or talented... I just have a passion for this cause and while personal setbacks have caused me some delays at times, I always come back fighting, stronger than ever. I watched the Paradise Lost films one night and knew I had to do something...started by donating what I could to the defense fund (every little bit helps!), eventually put on my first event... and that led to the first World Awareness Day, and so on...
I've created a twitter feed for my updates at http://www.twitter.com/wm3awareness You can see the latest feeds on this profile...if you use twitter, follow me, and promote it to your friends on twitter.
Thanks so much to everyone for the warm welcome back... let's get to work!
Tammy
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