By George Jared from Jonesborosun.com
JONESBORO — Defense attorneys for the “West Memphis Three” convicted in the 1993 slayings of three West Memphis 8-year-olds will seek further DNA testing of materials retrieved from the crime scene.
The testing will be done before an evidentiary hearing for Damien Echols, Jason Baldwin and Jessie Misskelley Jr., slated for sometime this year.
Judge David Laser of Jonesboro, who was recently appointed to oversee the hearing, held a scheduling conference with defense attorneys and prosecutors Tuesday in the Craighead County Courthouse.
“I’m giving this case priority,” Laser said. “I want to get this done as soon as possible.”
Laser replaces retired judge David Burnett of Osceola, who presided over the original trials and subsequent appeal hearings for Echols, Baldwin and Misskelley.
The Arkansas Supreme Court ruled unanimously in November that an evidentiary hearing must be held to consider new DNA evidence and a charge of juror misconduct. Burnett refused to allow the new DNA evidence to be considered.
Baldwin’s lead attorney, John Philipsborn of San Francisco, said defense teams want animal DNA testing done to some hairs collected. One problem could be money, he said.
Millions of dollars have been raised for the so-called “West Memphis Three.” Expert examination and testimony and other numerous expenses have drained the defense teams’ coffers, Philipsborn said. It will be at least a month before money for the additional testing can be raised, he added.
Echols’ wife, Lorri Davis of Little Rock, attended the meeting and said plans are under way to ramp up fund-raising efforts. Additional experts will also be called to testify in this round.
“We’re not leaving a single stone unturned,” she said.
In 2007 hairs and other material were tested for human DNA. None of the tested materials matched the accused, according to court documents.
Laser ordered a gag order in the case Tuesday, prohibiting attorneys from talking about the case with the media.
“We should continue to limit commentary by any counsel in this case,” Laser said.
The judge also decided that a single hearing will be held for all three defendants, which will save time and money for defense attorneys.
That could change if the Arkansas Supreme Court makes a ruling on motions filed by Baldwin and Misskelley’s attorneys after their Rule 37 hearings in 2009. If determinations are made on those motions that might delay the evidentiary hearing, Echols’ attorney, Dennis Riordan of San Francisco, said he would prefer his client’s hearing to be separated from the other two.
On May 6, 1993, the bodies of Michael Moore, Christopher Byers and Stevie Branch were found in a rain-soaked ditch in West Memphis. Echols’ was given a death sentence for his alleged role in the crime, while Baldwin and Misskelley received life sentences.
After being in Judge Laser’s courtroom for the first time, Davis said she was impressed.
“He seems to be aware of the issues at hand,” Davis said afterward. “He seems gracious ... I’m optimistic. I’d like to move forward.” January 5, 2011
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