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Reported by: Sydney Hart, KARK 4 News
Thursday, Nov 1, 2007 @06:26pm CDT
After filing papers in federal court earlier this week, Thursday defense attorneys for one of the West Memphis Three explains why death row inmate, Damien Echols, and two other men, should get a new trial.
You'll recall KARK 4 News told you first, on Monday, about new DNA evidence, supposedly proving their innocence.
At a 2-hour panel discussion, Echols' attorneys along with forensic evidence experts discussed DNA testing on several pieces of items including a hair that could link a different person to the crime scene.
The defense is not trying to solve this crime. They're simply arguing the evidence presented more than ten years ago doesn't add up.
"There is no evidence at the crime that connects to them. There is evidence that points in another direction. If this case were tried today Damien Echols would be acquitted," explains Dennis Riordan, Echols' attorney.
That's exactly what Damien Echols' attorneys hope to prove in a motion filed in federal court this week.
Thursday, a panel of lawyers and forensic experts laid out why they believe Echols was wrongfully convicted of killing Stevie Branch, Christopher Byers, and Michael Moore in 1993 in West Memphis.
"It's easy to me to define this case as a personal cause homicide. It's not a homicide perpetrated by a stranger. The person responsible of this crime knew these victims and knew them relatively well," explains Special Agent John Douglas, a criminal profiler and former head of the FBI's Investigative Support Unit.
Experts say some of the DNA found at the scene in one of the boys shoelaces, matches the step-father of Stevie Branch.
"What we do know now are two things...Terry Hobbs could be source of the hair on the ligature. None of the defendants could be the source of the hair on the ligature," explains forensic expert, Thomas Fedor.
"Why did the subject decide to tie up the victims after stripping them down naked. I believe the initial intent in my analysis was not to kill, but was to taunt and punish. Punish these individuals," adds Douglas.
"No one is saying we have established in this case, evidence which establishes guilt, much less the guilt beyond a reasonable doubt, to anyone else. What we are saying is there is no credible evidence that links these defendants to the crime."
Forensic experts go onto say scientific analysis proves the wounds on the young boys were caused by animals at the crime scene and not by sexual assault or a knife used by the West Memphis Three, like the prosecution claimed.
"This knife didn't cause any injuries, no knife caused any injuries. The injuries to the body were post mortum done by animals," explains forensic odontologist, Richard Souviron.
"There was no evidence of sexual abuse, no evidence anywhere of anal penetration or mutilation, whatever you want to call that," adds forensic pathologist, Dr. Werner Spitz.
So after discussing the evidence filed in federal court with the media. Echols' attorneys were clear about one thing; they're not trying to solve the case, they're fighting for a new trial.
"If we can demonstrate the actual innocence of Damien Echols it is not our legal burden to solve this crime," assure Riordan, "Don and I are going to be on this case until Damien Echols is executed, God forbid, or Damien Echols walks out of prison."
KARK 4 News contacted prosecuting attorney Brent Davis in Jonesboro and attorney general, Dustin McDaniel and neither had a response to Thursday's panel discussion.
But earlier this week, the AG said the state will look at new evidence objectively, but does not anticipate a reversal of the jury's verdicts.
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