Johnny Depp: Free The West Memphis Three

Debby Moyer lived just three houses away from Stevie Branch when he was murdered. She worried for her children's safety.

"We were limited to the front yard or the backyard," says her daughter, Jaime Ballard, who was 13 at the time.

According to Debby Moyer, police never came to her door and never asked questions about whether she had seen the boys.

When asked if police ever canvassed the neighborhood, she replies, "If they did, I did not see 'em."

The Moyers had no role in the case, at least until July 2009, when they called a tip line set up by Damien Echols' supporters to report something they remembered seeing on May 5, 1993. West Memphis 3 Confidential Tip Line: [phone]

Early that evening, they say they saw the boys playing in their backyard. As Jamie was leaving for a church meeting around 6:30 p.m., she spoke with Chris Byers.

"He ran right out in the bushes in between the two houses," she explains. "And I said, 'Christopher, go home.' And he said, 'I don't have to do what you tell me to do.'

"Right then, Jaime says Terry Hobbs called out to the boys.

"And he said, 'Get back down here to the house.' And they went that direction."

"Terry Hobbs has said to me that he did not see the boys at all that day," Moriarty tells Jaime.

"If he says he did not see them, he's not tellin' the truth" she says. "He saw 'em. He was out there with 'em. He told 'em to come to his house."

"I did not see Stevie at all on May 5th," Hobbs tells Moriarty."

"Are they mistaken?" she asks.

"They're lying."

"Why would they lie?"

"I don't know why."

"Did you kill your stepson? Did you have anything to do with his death?"

"No. I did not."

"Why should somebody believe you?"

"It's the truth."

The West Memphis, Ark., police believe him. After Hobbs spoke with police in 2007, they told the press that he was not - and never had been - a suspect. Hobbs says the killers are in prison.

When asked why Damien would kill the boys, what was his motive, Hobbs replies, "I don't know."

But Echols' attorney Dennis Riordan argues in court documents that the evidence pointing to Hobbs would certainly help Damien, Jason and Jessie at a new trial.

"Proof beyond a reasonable doubt against Terry Hobbs? Perhaps not. Proof that would absolutely lead to the acquittal of these defendants at their trial? Absolutely, absolutely," Riordan tells Moriarty.

Also helpful is other unidentified partial DNA that was also found on the evidence.

Riordan says, if Damien and Jason abused the boys as Jessie said, their DNA would have been found. "So the absence of it really is a very powerful factor," he says. "These were not sexual motivated, satanic killings. There are other troubling questions and possible suspects: who was that muddy, bloody man at the Bojangles' restaurant the night of the crime? Did the killer make a quick get away on the interstate? Tens of thousands of trucks pass through here every day."

"The fact that I'm not guilty means that there has been a child murderer left to walk the streets for the past 16 years," Damien tells Moriarty.

Lorri Davis adds, "It's not our job as a legal team to prove who committed these murders. However, I want to know who did it. And I think everybody does."

Davis says support for the convicted men continues to grow as word of the dubious trial evidence, new forensics, and questions about jury misconduct spreads.

Video: More of Depp's "48 Hours" interview

Video: Damien Echols speaks out

"You want to do all you can to help right the wrongs and the clock is ticking," says Depp. "My biggest fear - I mean, it's almost unutterable, is that justice is not served, not only for those three innocent men in prison, but also for those three innocent boys."

Since the 1994 trials, most of the legal procedures - including a hearing in summer 2009, asking for new trials for Jason and Jessie - have been before Judge David Burnett, the original judge. Burnett denied the convicted men new trials.

Damien's case is before the Arkansas state Supreme Court. He is prepared to go to federal court.

"I just feel this momentum, says Lorri Davis."There's the will to just right this wrong and to get this done, and to get them out."

When asked if he thinks he'll walk out of death row some day, Damien says, "Yes, I do. I believe that with all my heart.

"I don't believe that everyone all the way up the line is just gonna sit on their hands and allow them to execute an innocent person," says Damien, who thinks about the families of Chris Byers, Steve Branch, and Michael Moore. "I've thought about 'em quite a lot over the years, actually," he says. "And I try to just remember where they're coming from and the hurt that they feel and what they've experienced that they'll probably never get over.

"Michael Moore's father, Todd, supports the state's battle to uphold the verdicts, but some parents of the victims have had a change of heart.

Chris Byers' father, Mark, who cheered the verdicts in 1994, now actively supports the West Memphis Three. Stevie Branch's mother, Pam, says her faith has helped her cope with her doubts about the case. She now believes Damien, Jason, and Jessie were railroaded.

"Arkansas will never admit that they made a mistake. They're gonna stand on that these guys did it. We've got the right ones and that's the way it is," she says. "I want the truth and nothing but. And once the truth and nothing but is known, I believe I can rest a little easier."And, that, she says, is what everyone deserves.

No execution date has been set for Damien Echols.

Have information on the case? Call the West Memphis 3 Confidential Tip Line: [phone]

Free the West Memphis Three

Free West Memphis 3 (Arkansas Take Action)

West Memphis Three Case - Document Archive

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[newsercbb]

West Memphis 3 confession, witness corroboration and physical evidence http://******/cOT2ft

Misskelley confessed three times. There was no evidence of any promises, threats or coercion.

West Memphis Three' Inmate Makes New Appeal - NPR
However, Misskelley made two other confessions, including one just before the trials. "Jessie confessed a third time with prosecutors and defense lawyers in the room and a tape recorder running, and the story was substantially the same," the reporter says.

Jessie Lloyd MISSKELLEY, Jr. v. STATE of Arkansas CR 94-848 S.W.2d
Detective Allen asked him if he could come with him to the police department to talk about the case. The appellant readily accompanied Allen. He was not handcuffed and rode in the front seat of the car. The two arrived at the station at approximately 10:00 a.m.

Detective Allen and Detective Bryn Ridge questioned the appellant for about an hour when they became concerned that he wasn't telling the truth. In particular, he denied participation in the cult activity, a statement which was at odds with what other witnesses had said.

At this point, the detectives decided to advise the appellant of his rights. Detective Allen read him a form entitled "YOUR RIGHTS," and verbally advised him of the Miranda rights contained in the form. The appellant responded verbally that he understood his rights and also initialled each component of the rights form. There was no evidence of any promises, threats or coercion.

The form also contained a section entitled "WAIVER OF RIGHTS," which read as follows:

I have read this statement of my RIGHTS and I understand what my RIGHTS are. I am willing to make a statement and answer questions. I do not want a lawyer at this time. I understand and know what I am doing, no promises or threats have been made to me and no pressure or force has been used against me.

The waiver was signed by the appellant.

After he was advised of his rights and had waived them, the appellant was asked if he would take a polygraph examination. He agreed that he would. Detective Allen took the appellant to look for his father so that his father could grant permission for the appellant to take the polygraph. They observed Mr. Misskelley driving on the same road they were on, stopped him, and received the authorization. There was no evidence of promises, threats or coercion.

[Marflo62]

wm34justice, I think you are confused about the burden of proof in this case. It is not preponderance of the evidence. This is a criminal case and the burden of the prosecutin is much higher. The burden is on the state to prove "Beyond a Reasonable Doubt" that these young men did not kill these three children. Based on the confession given by one of the Defendants, I think what really needs to be looked at is whether it was voluntary. Also in terms of the DNA evidence, it is not exculpatory as there may be circumstantial evidence that was sufficient for conviction. DNA evidence is "inculpatory" not exculpatory.

[Marflo62]

Actually I must correct my submission as it printed. The burden is on the state to prove "Beond a Reasonable Doubt" that these young men did kill these three children. It appears that there were breaks during the police interrogation of the Defendant who confessed, thus you have to look at whether the Defendants Miranda rights were given, whether there was any police coersion that caused the confession and if so was there any intervening circumstances that broke the causal connection (such as long breaks during interrogation) and whether the confession was sufficiently attentuated between the intervening circumstances and the confession. Although the confession was suppressed, it appears the jury got wind of it somehow and convicted on their knowledge of it. Small towns word gets around and if there was a confession of any sort it could have gotten to the jury panel before trial and they considered it as they are human. Don't believe they don't consider things they shouldn't because they do and they are also very influenced by the trial judges demeanor towards parties in litigation. If they see the judge doesn't like a party or a Defendant, the jury usually goes with the Judge. Rolling eyes and sighs by a judge during testimony, openings and closings will usually do it.

[newsercbb]

The legal evidence clearly backs their guilt. This is the actual evidence of the case. These are not "myths," but the evidence the convicted the 3.

Jessie Lloyd MISSKELLEY, Jr. v. STATE of Arkansas CR 94-848 S.W.2d
"the appellant was questioned off and on over a period from 10:00 a.m. until 2:30 p.m. At 2:44 p.m. and again at approximately 5:00 p.m., he gave statements to police in which he confessed his involvement in the murders. Both statements were tape-recorded."

"The appellant was asked about his involvement in a cult. He said he had been involved for about three months. The participants would typically meet in the woods. They engaged in orgies and, as an initiation rite, killing and eating dogs. He noted that at one cult meeting, he saw a picture that Echols had taken of the three boys. He stated that Echols had been watching the boys....

Damien Echols was observed near the crime scene at 9:30 p.m. on May 5. He was wearing black pants and a black shirt and his clothes were muddy. A witness testified that she had attended a satanic cult meeting with Echols and the appellant....

a witness from the State Crime Lab testified that she found fibers on the victims' clothing which were microscopically similar to items in the Baldwin and Echols residences."

Damien Wayne ECHOLS and Charles Jason Baldwin v. STATE of Arkansas
CR 94-928 S.W.2d

"Where two witnesses testified that they overheard appellant Echols state that he killed the three boys, this was direct evidence; a confession is sufficient to sustain a conviction if it is accompanied by other proof that the offense was committed by someone..."

"Echols admitted on cross-examination that he had delved deeply into the occult and was familiar with its practices and where various items that had been found in his room supported the State's theory of motive that the killings were done in a satanic ritual..."

"his parents were concerned with his satanism or devil worship, and that Echols's medical records included notations of statements by Echols pertaining, among other things, to his rage and the drinking of the blood of others....

Where one witness testified that appellant Baldwin had told him that he had dismembered one of the boys, sucked the blood from his p_nis and scrotum, and put the test_cles in his mouth, and where an expert on ritual killings stated that one of the facts that led him to believe that the killings were cult-related was that one of the victims had been castrated and had had the blood sucked from his p_nis, there was sufficient evidence of appellant Baldwin's participation in occult activities, and the trial court correctly allowed the evidence....

Twelve-year-old Christy VanVickle testified that she heard Echols say he "killed the three boys." Fifteen-year-old Jackie Medford testified that she heard Echols say, "I killed the three little boys and before I turn myself in, I'm going to kill two more, and I already have one of them picked out." The testimony of these two independent witnesses was direct evidence of the statement by Echols...."

[wm34justice]

If you are interested in facts of this case, please judge the actual evidence for yourself. I have provided numerous details regarding this case that I have been relentlessly following for 16+ years (see below).

The WM3 are INNOCENT. The person who murdered those poor children is free. I, along with thousands of others, want justice to finally be served for these children along with three innocent men.

[newsercbb]

There is no solid evidence that anyone but the three committed the crime. Finding a hair in a knot proves little. I have already shown how Misskelley was only questioned on and off for 4 1/2 hours before he confessed and how he confessed three different times.

MISSKELLEY, Jr. v. STATE of Arkansas CR 94-848 S.W.2d
"There was no evidence of promises, threats or coercion" in his confession.

You can believe what you want about knives, but the legal evidence refutes your arguments. Echols was smart enough to commit such a crimes and had the history of violence to have motive to do so. Echols odd religious beliefs provide plenty of motive for what they were convicted of.

You keep repeating the same myths from the blogs and ignore the legal evidence showing their guilt. The evidence strongly leans toward their guilt.

[wm34justice]

To: newsercbb,
YOU keep repeating your own random MYTHS about the case. You have not proven a 4.5 hour confession and you have not intelligibly argued the FACTS of the confession and/or Misskelley IQ levels. I reviewed information from reputable sources, not blogs. I personally reviewed the autopsy reports and all of the actual court transcripts. You mentioned that Echols had "odd religious beliefs" and "level of intelligence" as "legal evidence". This is such a sad little argument of guilt. It is obvious that you need significant education when reviewing court records. You have not presented ONE shred of evidence. This is an invalid argument. In fact, Echols does have intelligence with regards to literature and word reasoning; however, his math and related reasoning skills are somewhat less than average. Your arguments are simply not credible and lack substance. Please stop quoting the same innane transcript. Of course, the West Memphis police would state that there was no coercion. Their entire reputation has been tainted by their simple refusal to accept experts, and extremely poor detective work.

I presented clear and convincing evidence of innocence throughout my argument with the use of actual FACTS. It is sad that you are ignoring data in favor of blind bias. Due to your inability to admit failure in loss of a debate, I do not wish to continue this discussion with you because this is not an intelligent challenge and is boring me.

[wm34justice]

The crimes have stopped in West Memphis because 1. one or more of the stepparents no longer have stepchildren to kill, or 2. the killer has gone off to another location in the United States to continued attacks. Based on the preponderance of evidence, I subscribe to theory number one. Either way, a child murderer has gone free for the past 16+ years.

Both Stevie Branch and Christopher Byers suffered the brunt of the attacks, and based on the autopsy reports, had numerous scars and healing injuries which were consistent with child abuse. Both of their stepfathers have long-standing histories of severe violence towards others with criminal records. Terry Hobbs's DNA was found at the crime scene INSIDE of a knot used to tie up Michael Moore. It astonishes me that they were not suspects in the first place. Additionally, Terry Hobbs was seen cleaning his entire house (clothes, curtains, carpets)for hours the DAY that the boys were found in the woods. This information was provided in a sworn statement by his sister-in-law.

Do you even know what "borderline intellectual deficiency" means? How many IQ tests have you given to 17-year-old children? My guess is none. A 17-year-old person with an IQ of 72 likely functions at an 8- or 9-year old level and likely at a 3rd grade educational functioning level. Mental Retardation starts at 69, and with a standard error of measurement provided on all intellectual tests, Jessie's IQ could easily fall within the Mild range of Mental Retardation.
Much of the Misskelley confession was completed over 12 hours, for which ONLY 42 minutes were actually taped by the WMPD. His confession was NOT consistent with the murders: he said it happened during the day and then the police corrected him, he said rope was used to tie up the victims when in fact it was their shoelaces, there was NO blood - not a drop at the crime scene (dump site), there was no physical evidence of rape (Thank God). Most importantly...NO DNA at the scene matches any of the convicted.

Yes, water and water-dwelling creatures could easily damage a body...even snapping turtles which can be quite aggressive. I was raised in northern Louisiana and have seen many snapping turtles attempt to bite and chase people. They are not harmless animals.

I do not believe that knives were used in the attacks (based on evidence) even though both Hobbs and Byers were avid knife collectors. Based on the autopsy reports, these poor children were severely beaten to unconsciousness, which is consisent with their long-standing histories of child abuse.

The WM3 were not smart enough to have pulled off such a crime. Even the most cunning and intelligent teenager cannot make a crime scene so immaculate. They did not have a motive. The only thing that helped the killer get away was the incompetent, corrupt WM police. They refused help offered from experts because of their egos. They will never admit they were wrong because of their egos.

If the Misskelley confession is your only point towards guilt, then you've still got a ton of research to do...on both sides...

When I started researching this case I had wanted some proof of their guilt so I could feel that my family was safe and a child-murderer was in prison. But every single facet of this case is so disturbing and absolutely proves the WM3 innocence.

[wm34justice]

Guess what, newcomer to the case, those marks on those poor children were possibly caused by snapping turtles, fish, or any number of water-dwelling creatures. I hate to repeat myself but Jessie Misskelley had an IQ of 72...do you know what that means???? After administering numerous IQ tests to people (via my collegiate education and profession), that means his IQ was equivalent to that of an 8-9 year old child! THINK back to when you were 8 years old - could you have been a challenge for several detectives twenty years your intellectual senior and kept in a place for more than 12 hours??? Might I remind you that the ENTIRE confession can be debated by numerous evidence that were provided to him by the WMPD. Please read the transcripts and stop making off-handed remarks that cannot be backed up by actual facts regarding this case. In effect, please do not base your "evidence" on some information given by a teenager that was not mentally-competent to provide a valid confession. If the "supposed confession" is your only "evidence to guilt" then you are of lesser intelligence than I previously acknowledged. I can debate you all day long on how you are WRONG, but I wish to concentrate on getting freedom to the wrongly convicted men and finding the real killers...so my, and your, families are safe from this unidentified predator.

[newsercbb]

It is absurd to think that what experts found were knife wounds, could be caused by "snapping turtles."

Misskelley confessed three times with substantially the same story each time.

He was not kept in a room for "twelve hours."

MISSKELLEY, Jr. v. STATE of Arkansas CR 94-848 S.W.2d Supreme Court of Arkansas
Detective Allen located the appellant and brought him back to the station, arriving at approximately 10:00 a.m. Later in this opinion, we will address in detail the circumstances surrounding the appellant's interrogation. For now, it is sufficient to say that the appellant was questioned off and on over a period from 10:00 a.m. until 2:30 p.m. At 2:44 p.m. and again at approximately 5:00 p.m., he gave statements to police in which he confessed his involvement in the murders.

Misskelley had a previous criminal record. An IQ of 72 does not mean he was operating at the level of an 8 - 9 year old. It means he had an IQ of borderline deficiency. People at this IQ level function and know what is going on.

The evidence was based on physical evidence, statements made by both Echols and Baldwin to others and testimony seeing Echols near the scene of the crime.

After the 3 were arrested, these crimes stopped.

[newsercbb]

There is a lot of evidence showing their guilt.
West Memphis 3 confession, physical evidence http://******/cOT2ft

Misskelley confessed three times.

West Memphis Three' Inmate Makes New Appeal NPR April 11, 2008
However, Misskelley made two other confessions, including one just before the trials. "Jessie confessed a third time with prosecutors and defense lawyers in the room and a tape recorder running, and the story was substantially the same," the reporter says.

MISSKELLEY, Jr. v. STATE of Arkansas CR 94-848
The appellant was asked about his involvement in a cult. He said he had been involved for about three months. The participants would typically meet in the woods. They engaged in orgies and, as an initiation rite, killing and eating dogs. He noted that at one cult meeting, he saw a picture that Echols had taken of the three boys. He stated that Echols had been watching the boys.

MISSKELLEY, Jr. v. STATE of Arkansas CR 94-848
Damien Echols was observed near the crime scene at 9:30 p.m. on May 5. He was wearing black pants and a black shirt and his clothes were muddy..a witness from the State Crime Lab testified that she found fibers on the victims' clothing which were microscopically similar to items in the Baldwin and Echols residences.

[wm34justice]

If you believe in the guilt of the WM3, then you are living in a fantasy world where ALL police are moral, without ego, and always correct. You have also closed your eyes to the truth in an effort to sleep peacefully at night.
There is NOT ONE credible shred of evidence that conclusively proves their guilt. Why? The WM3 are completely 1000% innocent. Why do I believe this? I have spent countless hours reviewing transcripts, evidence, and every single facet of this case over the past 16 years...so I could feel that my own family was safe (from child-killers and police incompetency) when we lived in northern Louisiana.
The facts: 1.)False confession by a kid w/ an IQ of 72 (about the same mental age as the murdered victims); 2.)crime scene was a dump site due the complete lack of blood which also throws out the confession; 3.)NO DNA, fingerprints, or any traces of evidence that matches the WM3; 4.)The DNA at the crime scene has been found to MATCH Terry Hobbs, stepfather of Stevie Branch...There are so many additional pieces of information that point directly to WM3 innocence. Read it for yourself, like most WM3 supporters, because you won't believe anyone else anyway.

Gary Gitchell and Mike Allen: You did a horrible job and allowed a child murderer to go free! I don't know how you sleep at night - if you can sleep, then your IQ is probably similar to Jessie Misskelley (no wonder you didn't realize he was 2 points from mental retardation)! Shame on you both for not protecting the citizens of West Memphis.

[newsercbb]

The West Memphis 3 were found guilty and lost every appeal.

Echols (one of the 3) was seen in muddy clothes near the crime scene. He bragged about the murder to two other teenagers, stating he killed the three boys. This was presented as evidence at the trial. Echols also had a history of psychiatric treatment. His reported actions included brutally killing a dog, starting fires at his school, threatening to kill his teachers and parents and stating he liked to drink blood.
Baldwin (another of the 3) confessed to a friend and described the crime to this friend. This evidence was presented at trial.
Fibers on the murdered victims? clothing were found to microscopically similar to things in the Baldwin and Echols homes.
West Memphis 3 confession, physical evidence http://******/cOT2ft

[wm34justice]

Your post is is completely wrong. Actually read the transcripts and review the evidence from credible sources. The "Baldwin confession" was claimed by a fellow inmate (pathological liar) who had gotten information about the case from a counselor. Echols was not muddy, has not killed animals, has not set fires, and did not drink blood. Where do you get such lies??? Fibers can be faulty, but DNA is never wrong. Go back and do some more credible research.

[newsercbb]

My post is based on the legal evidence, not comments from blogs. The DNA evidence does not exonerate them. The bodies were submerged in water.


from: ECHOLS v. STATE of Arkansas CR 99-1060 127 S.W.3d 486
The boys' bodies were found submerged in water in a drainage ditch near their homes. The bodies were naked and they had their right hands tied to their right feet and their left hands tied to their left feet. The evidence showed that two of the boys, Moore and Branch, had multiple knife wounds, but ultimately died from drowning. The third boy, Byers, had been mutilated, such that the skin of his ***** had been removed, and the scrotal sac and testes were missing. The evidence demonstrated that Byers had bled to death. The evidence further demonstrated that all three boys had been sexually abused.