Attorney General wants WM3 killer’s petition dismissed

Griffin says Echols’ case for DNA testing has no legal merits

By Ralph Hardin

ralphhardin@gmail.com

Damien Echols was, on two separate occasions, convicted in the 1993 murders of three West Memphius 8-year olds, but he is trying once again to get back in front of a judge. In 1994, a Jonesboro jury convicted Echols, along with co-defendant Jason Baldwin and Jessie Misskelley (who was tried separately) for the heinous crimes. Then, in 2011, the trio, collectively infamous as The West Memphis 3, pleaded guilty in an agrement with prosecutor Scott Elllington in what is known as a “Alford Plea” that would free them from prison for time served.

It is that second conviction that may have freed Echols and his conspirators from jail but is now keeping him from having grounds to have evidence in the 30year-old case tested using new testing methods.

After three years of fighting to get new evidence tested for DNA, the Arkansas Attorney General’s office is saying Echols’ legal team’s petition should be tossed out.

Echols’ attorneys disagree.

'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, who has moved out of state since his release 12 years ago, and his legal team have hit another obstacle as they try to get the court's permission to test recently rediscovered evidence for DNA using a new “M-Vac” testing method.

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

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County and Echols was convicted both times 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 even then, Griffin contends, it ultimately won't make a difference where the petition is filed on legal grounds.

He explained that the particular petition they filed is not up for interpretation and ultimately is not within their rights. As Echols is not in prison, he is not entitled to petition for further testing or evidence examination. Arkansas law only allows those who are incarcerated to seek such relief.

'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.