Judge denies WM3 killer access to DNA evidence

Echols’ legal team loses out in court hearing

ralphhardin@gmail.com A 1994 trial, a 2011 reaffirmation conviction, and now a court hearing, and twice-convicted child killer Damien Echols has once again had a legal proceeding not go his way.

Echols was hoping for another chance to be cleared of the murder charges that had him on Arkansas’s death row for nearly two decades, but a judge’s ruling that Arkansas law doesn’t work in his favor keeps him and his codefendants and their legal teams looking for another loophole.

Circuit Judge Tonya Alexander on Thursday denied Echols’ request to order prosecutors to retest DNA evidence that the defense says will clear the names of him and the two other men who were convicted of the brutal murder of three 8-year-old boys in West Memphis in May of 1993.

In 1994, Echols, along with Jason Baldwin and Jessie Misskelley, was convicted of the crime and sentenced to death row but released in 2011 after signing an Alford plea deal, a special agreement with then-prosecutor Scott Ellington that would set the so-called West Memphis Three free with time served in exchange for a guilty plea.

The plea arrangement allowed the three to maintain their innocence in spite of the guilty plea.

In December of 2021, Echols and his attorney Patrick Benca found out that evidence in the 28-year-old case, said to have been previously lost or destroyed, was in good condition and proceeded to submit a request for retesting with the current prosecutor for the second judicial district, Keith Chrestman. Chrestman declined to grant the request, leading to last week’s hearing.

It was then that his attorney wrote a 4,000-page document requesting DNA retesting.

During the hearing, Benca argued that his client may be free but the stain from his conviction will always keep him in bondage.

“What is freedom? Is he really free? My client is still suffering from his conviction, Benca said.” “We are not only asking for relief for Mr. Echols, but

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we also want to assist in finding out who killed those children.”

Judge Alexander’s denial came after a Habeas Corpus filing did not fall under protocols.

According to the law, Habeas Corpus is a petition that can be filed to the court by someone in custody regarding their detainment circumstances.

Because Echols is not currently incarcerated, the DNA cannot be retested.

Alexander also argued that Habeas Corpus is the only law in Arkansas that will allow them the capability to do DNA retesting.

But even with a convincing argument, Judge Alexander told the court that special provisions cannot be made under that particular law.

The judge did point out her acknowledgment of DNA testing back in 2011 that proved the DNA of all three suspects did not match but the stepfathers of one of the victims and his stepfathers were found on the evidence instead.

“Back in 2010, he (Echols) had the opportunity to retest DNA after it was found that all three of your DNA samples were no match. It actually matched the stepfather and his friend,” Alexander said.

That was the opportunity to use the Habeas Corpus law then. The court understands all of this, but I cannot make provisions to change policies in this law.”

Echols said he and his team plan to appeal the denial and consult with state legislators to not only clear Echols’s name but to find the real killer.

'It’s unfortunate that we were not able to secure the petition, but I am thankful to the people of this town and across the nation for the support,' Echols said.

'I’m not sure how we will get this done, but I won’t give up.'

Photo courtesy of StatePoint Media