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The investigators are now filing
in and the reporters are getting ready
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to cover this news conference.
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Many parents in the community
will be breathing a sigh of relief
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00:00:50,426 --> 00:00:54,096
if this indeed is the break
that police have been waiting for.
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00:00:56,140 --> 00:00:59,560
Chief Inspector Gary Gitchell
is about to begin,
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and he's also bringing in
some photographs.
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Obviously these will probably be
photographs of the suspects.
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Of course, suspects unofficially
at this point, although many believe
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in this triple murder
of the three 8-year-old boys.
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Arrested at 2:44 p.m., Thursday,
June the 3rd, 1993.
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Jessie Lloyd Misskelley.
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Jessie Misskelley is 17 years of age.
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Charles Jason Baldwin.
He is 16 years of age.
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00:01:37,640 --> 00:01:42,686
Michael Wayne Echols.
Mr. Echols is 18 years of age.
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He is charged with three counts
of capital murder.
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Were you surprised
when these guys were arrested?
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I was surprised about Jason
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because he's, like, the quiet one
of them all.
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But I wasn't surprised about
Jessie Misskelley and Damien Echols,
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because I just expected it out of them
sooner or later.
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Killer!
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When the police
were asking for clothing
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so they could give it to the dogs
to pick up scent,
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the bandana here was the only thing
that I had in my household
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that had Stevie's scent on it.
I've never washed it.
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When I get the need to just want
to feel him again, um,
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I'll grab it and I'll hug it,
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and I'm so thankful
I feel an embrace back.
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I was walking the route
to take Stevie to school,
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and I checked him out,
I believe, at 2:30.
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Stevie told me a hundred times,
probably a thousand, on the way home:
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"I love you, mama." "I love you too, son."
And it was just constant.
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We got home, first thing I asked him,
"Do you have any homework?"
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He said, "I did, but I did it in school."
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And he hung his homework
on the refrigerator.
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And Michael Moore came up,
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and they started asking,
could Stevie go to Michael's house?
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And I said, "No, I'm getting ready
for work, I'm cooking supper."
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Both of them,
you know, begging:
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"Please, please, please,
we'll be back," and all that.
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I gave in and I said, "Okay." I said,
"But, boy, you better be home by 4:30.
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If you're not, I'm gonna ground you
for two weeks from that bike."
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I'm gonna say Christopher
probably arrived at the house
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00:03:54,610 --> 00:04:00,032
around 3:35 maybe,
and he asked me if Stevie was there.
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I told him, I said, "I'm surprised you didn't run
into him because him and Michael just left."
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00:04:06,163 --> 00:04:10,125
He left and he was gonna go
searching for Stevie and Michael.
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Uh, well, around 4:45, Stevie had...
Still hadn't arrived.
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Terry came in. I told Terry,
"Well, let's go ahead and leave."
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We went ahead,
and he took me to work.
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My night at work was a normal night.
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00:04:33,399 --> 00:04:36,527
Terry walked in, to the phone,
didn't say hi, bye, nothing.
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He just walked to the phone,
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and I took two pieces of candy
to the car and Amanda was there,
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00:04:41,615 --> 00:04:46,870
and I asked her, "Where's Bubba?"
And she said, "Mama, we can't find him."
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And I thought the worst,
that he was dead.
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I got out of the car, went through
this door, got out of my uniform,
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00:05:04,805 --> 00:05:07,266
put sweats on and put a T-shirt on.
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Because all I was trying to focus on
is where's Stevie, where's he at,
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00:05:11,395 --> 00:05:14,440
and I gotta get out there,
and I gotta start searching.
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00:05:19,528 --> 00:05:22,781
Last time we saw him
was about 6:30 yesterday evening.
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00:05:22,948 --> 00:05:24,658
What's...? Give me your name.
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My name is Mark Byers.
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Okay. Has your son...?
Has this ever happened before?
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00:05:28,954 --> 00:05:30,998
None of the boys have ever
gone off anywhere.
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00:05:31,165 --> 00:05:36,211
None of the three have ever been
missing or taken off ever before.
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00:05:36,378 --> 00:05:38,756
What's going through your mind
as a parent?
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I'm scared to death.
That's, you know, plain and simple.
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00:05:41,925 --> 00:05:44,970
I'm scared for the safety
and welfare of all three boys.
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00:05:47,473 --> 00:05:51,101
That particular day, I'd
called the West Memphis P.D.
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00:05:51,310 --> 00:05:53,687
The dispatcher Lucy
answered the phone.
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She said, "We've had three children
missing since last night."
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I said, "Well, you know,
I'm gonna go help too."
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I'm not seeing anything.
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00:06:07,576 --> 00:06:10,371
Not seeing no kids running around
on bicycles or nothing.
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00:06:11,705 --> 00:06:13,916
And then I thought
about Robin Hood Trails
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00:06:14,124 --> 00:06:16,293
as I was driving down Goodwyn,
and I said:
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"Well I'll... I'm gonna go over there,
just get out and walk around."
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I was looking around, you know,
just physically looking out and about.
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00:06:26,845 --> 00:06:30,265
And then I looked
into the small ditch.
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That's where I saw the tennis shoe at.
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00:06:33,018 --> 00:06:34,978
I called
West Memphis Police Department
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to have Mike Allen
meet me out here.
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And so I showed him the area
of the tennis shoe.
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00:06:41,985 --> 00:06:46,907
And Mike had said
he was going to take it out.
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Mike fell into the water.
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00:06:50,327 --> 00:06:52,746
I was looking down on him like this.
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He looked up and I said, "What?"
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00:06:54,748 --> 00:06:58,419
And he said, "it feels like my leg
is caught on something."
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00:06:58,585 --> 00:07:00,838
Like a log or something."
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00:07:04,174 --> 00:07:07,261
And Mike fell backwards,
and when he fell backwards,
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his leg came up...
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and one of the little bodies
was on his leg.
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From the moment they
told me Stevie was dead,
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I really lost it,
lost all touch with reality.
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Pam Hobbs' son,
Steve, and two of his friends
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were found murdered
Thursday before last.
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00:08:05,235 --> 00:08:10,240
It's more a part of my
life than I would like it to be.
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00:08:10,449 --> 00:08:12,534
Because frankly I'd like to be able
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00:08:12,701 --> 00:08:18,415
to not have those three 8-year-old boys'
pictures in my mind.
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00:08:20,792 --> 00:08:22,920
What you found, you found three boys
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that had been hog-tied
and thrown in the water.
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00:08:27,799 --> 00:08:31,261
It appeared
that they had been sexually mutilated.
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That appears to be cult-related.
The West Memphis Police Department
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00:08:37,768 --> 00:08:42,981
a lot of times would ask me about
occult things as though I were the guru.
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I probably was because there wasn't
anybody else that was doing it.
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00:08:48,946 --> 00:08:51,698
This program is designed to help
law enforcement officers
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00:08:51,865 --> 00:08:54,576
better understand Satanic cults.
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00:08:54,743 --> 00:08:59,331
I got some books and I spoke to police
organizations around the country
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that had some experience with it.
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00:09:01,625 --> 00:09:04,127
Okay, we have a rope here.
If you look at it closely...
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00:09:04,336 --> 00:09:06,588
I don't know
if the camera can pick this up.
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00:09:06,797 --> 00:09:09,216
But there's blood on this noose.
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00:09:09,424 --> 00:09:15,097
The police department asked me
to put together a list of people
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00:09:15,305 --> 00:09:19,643
that we had on probation that might
be involved in that type of activity.
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00:09:19,851 --> 00:09:22,688
Well, the guy that I knew
that was involved the most in it
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00:09:22,896 --> 00:09:24,231
was Damien Echols.
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00:09:25,774 --> 00:09:30,279
The two guys he ran with,
Jessie and Jason...
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00:09:31,488 --> 00:09:33,615
Jessie would fight.
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00:09:33,824 --> 00:09:37,786
Jason was not very aggressive,
in that respect,
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00:09:38,662 --> 00:09:42,124
but I believe he would do anything
that Damien asked him to do.
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00:09:45,168 --> 00:09:48,547
Eight months have passed
since the three boys were killed.
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00:09:48,755 --> 00:09:52,634
Cameras are in place
and miles of cable laid
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00:09:52,843 --> 00:09:57,097
in preparation for this
highly publicized murder trial.
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00:10:00,017 --> 00:10:04,021
I guess they found that those three
were the most likely to have done it.
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00:10:04,229 --> 00:10:06,064
Move back.
126
00:10:06,273 --> 00:10:10,027
And then, of course, they
had the confession from Jessie.
127
00:10:10,235 --> 00:10:13,238
The most compelling evidence
yet was introduced in open court.
128
00:10:13,405 --> 00:10:15,866
Misskelley's taped confession
made to police.
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00:10:16,033 --> 00:10:20,287
I saw Damien hit
this one... Hit this one boy real bad.
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00:10:20,454 --> 00:10:23,165
Then he start screwing him and stuff.
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00:10:23,373 --> 00:10:27,169
Jason turned around
and hit Steve Branch
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00:10:27,377 --> 00:10:29,046
and started doing the same thing.
133
00:10:29,254 --> 00:10:31,965
Michael Moore took off running,
so I chased him
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00:10:32,174 --> 00:10:35,927
and grabbed him and held him
until they got there, and then I left.
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00:10:36,136 --> 00:10:38,013
If he does not run
through the woods
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00:10:38,180 --> 00:10:42,476
and chase him down and bring
him back, Michael Moore lives.
137
00:10:42,934 --> 00:10:46,271
Did Damien invite
you to some meeting?
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00:10:46,480 --> 00:10:51,026
He did. A cult, Satanic meeting.
Okay.
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00:10:51,234 --> 00:10:54,404
Tell me some of
the things y'all do, being in this cult.
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00:10:54,613 --> 00:10:57,282
We go out, kill dogs and stuff.
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00:10:57,491 --> 00:11:00,410
Some of my friends had said
they saw a hog's head out here,
142
00:11:00,619 --> 00:11:03,622
and they saw the body
in a plastic bag.
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00:11:04,081 --> 00:11:06,583
The State is now trying
to prove motive in this case,
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00:11:06,750 --> 00:11:09,961
calling this a cult-related killing.
Whether that will be enough
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to sway the women and men sitting
on this jury remains to be seen.
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Damien, any
comment about the charges?
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00:11:17,886 --> 00:11:18,929
Did you do it?
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00:11:19,137 --> 00:11:23,809
I got a letter in the mail telling
me that I had summons to be on the jury.
149
00:11:23,975 --> 00:11:27,854
And I didn't want to be on there
in the beginning.
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00:11:28,021 --> 00:11:30,107
But I didn't know how to get out of it.
151
00:11:30,273 --> 00:11:34,152
Is it your opinion
and do you want to tell this jury
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00:11:34,361 --> 00:11:39,074
that these crimes were motivated
by occult beliefs?
153
00:11:39,282 --> 00:11:41,118
Yes.
154
00:11:42,494 --> 00:11:45,038
Blood is the life force.
155
00:11:45,247 --> 00:11:50,127
They prefer to have a child
that is young.
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00:11:50,335 --> 00:11:55,382
There's evidence of genital mutilation,
and the red is the shaft of the penis.
157
00:11:55,590 --> 00:11:58,385
Jason told me how
he dismembered the kid.
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00:11:58,593 --> 00:12:01,346
He sucked the blood from the penis
and the scrotum
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00:12:01,555 --> 00:12:03,557
and put the balls in his mouth.
160
00:12:03,849 --> 00:12:08,603
You take this knife and drag it,
and it rips and tears.
161
00:12:08,812 --> 00:12:12,190
The knife is being twisted
and the victim is moving.
162
00:12:12,399 --> 00:12:15,610
Just like in the picture.
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00:12:15,819 --> 00:12:21,283
Damien, he had a book that he wrote in.
It was pretty dark.
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00:12:21,491 --> 00:12:25,370
A lot of death, a lot of...
He talked about dead children.
165
00:12:25,579 --> 00:12:29,624
"Thirsty for blood
and the terror of mortal men."
166
00:12:30,667 --> 00:12:33,545
Look favorably on my sacrifice."
167
00:12:34,463 --> 00:12:36,965
I think they went out in the woods.
168
00:12:37,132 --> 00:12:39,259
They may not have been meaning
to kill them.
169
00:12:39,468 --> 00:12:42,637
And then it just got out of control.
170
00:12:42,846 --> 00:12:46,224
And Damien,
I think he was the mastermind
171
00:12:46,433 --> 00:12:50,395
over Jason and Misskelley.
172
00:12:50,604 --> 00:12:54,483
I do believe that. I do.
173
00:12:54,691 --> 00:12:58,445
You begin to see inside
Damien Echols.
174
00:12:59,070 --> 00:13:02,699
And you look inside there
and there's not a soul in there.
175
00:13:04,451 --> 00:13:06,953
I know he's guilty, you know.
176
00:13:07,120 --> 00:13:09,456
I can't imagine the fear going
through them boys
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00:13:09,623 --> 00:13:12,375
watching one another get killed.
Knowing they was next.
178
00:13:12,542 --> 00:13:14,127
I can't believe the heinous crime.
179
00:13:14,336 --> 00:13:17,214
"We, the jury, find Damien Echols guilty
of capital murder"
180
00:13:17,380 --> 00:13:18,924
in the death of Stevie Branch.
181
00:13:19,132 --> 00:13:21,885
Guilty of capital murder
in the death of Chris Byers.
182
00:13:22,052 --> 00:13:24,721
"Guilty of capital murder
in the death of Michael Moore."
183
00:13:24,930 --> 00:13:29,976
A message has to be sent.
You can't be involved in murder
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00:13:30,185 --> 00:13:32,604
and expect to get away with it.
185
00:13:32,771 --> 00:13:36,316
Misskelley was sentenced to life
in prison for the murder of Michael Moore.
186
00:13:36,525 --> 00:13:39,694
And 40 years for the murders
of Steven Branch and Christopher Byers.
187
00:13:39,861 --> 00:13:42,697
"We have determined that
Jason Baldwin shall be sentenced
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00:13:42,864 --> 00:13:44,699
to life imprisonment without parole."
189
00:13:44,908 --> 00:13:47,828
If I'd been on the jury,
I sure would have found them guilty.
190
00:13:47,994 --> 00:13:52,541
If there is ever an appropriate case
for the death penalty in Arkansas,
191
00:13:52,707 --> 00:13:55,836
you've got it in your hands now.
That they burn in hell.
192
00:13:56,002 --> 00:14:00,173
They wanna worship the devil,
let them meet him. I hope they do soon.
193
00:14:00,340 --> 00:14:02,717
"We the jury have
determined that Damien Echols"
194
00:14:02,884 --> 00:14:05,804
shall be sentenced to death
by lethal injection."
195
00:14:06,721 --> 00:14:10,684
I was kind of, I guess, happy,
if I could...
196
00:14:10,892 --> 00:14:15,689
Might say that word, that everybody else
was as angry at them as I was.
197
00:14:15,897 --> 00:14:17,732
Now my boy can play
198
00:14:17,941 --> 00:14:21,027
and go on about his life in heaven
the way it is,
199
00:14:21,236 --> 00:14:23,196
and I'll go on with mine
the best I can.
200
00:14:24,698 --> 00:14:26,408
And I'm glad it's over.
201
00:14:26,616 --> 00:14:30,245
It's like the community felt
like they were relieved
202
00:14:30,453 --> 00:14:32,330
that somebody was behind bars
203
00:14:32,539 --> 00:14:38,670
and that they didn't have to be quite
as scared as they were. They were guilty.
204
00:14:46,928 --> 00:14:50,515
This call originates
from an Arkansas correctional facility.
205
00:14:50,682 --> 00:14:53,143
I have a prepaid call from:
206
00:14:53,310 --> 00:14:56,146
Damien.
An inmate at Varner Unit.
207
00:14:56,354 --> 00:14:58,023
If you wish to accept... Thank you.
208
00:14:58,857 --> 00:15:02,319
Damien and I
probably have 5000 letters
209
00:15:02,485 --> 00:15:06,865
that we've written to each other
over the past 15... Fourteen, 15 years.
210
00:15:07,782 --> 00:15:10,076
You know, it's the way
we got to know each other.
211
00:15:10,285 --> 00:15:13,204
I saw the film Paradise Lost,
which is a documentary
212
00:15:13,413 --> 00:15:15,874
that was made about the original trial.
213
00:15:16,082 --> 00:15:18,084
I was living in New York City
at the time
214
00:15:18,251 --> 00:15:21,254
and I saw it at probably
the second time it was screened.
215
00:15:21,463 --> 00:15:24,299
We were just watching TV
the night we were arrested.
216
00:15:24,466 --> 00:15:26,509
We were in the bedroom,
turned the light off.
217
00:15:26,676 --> 00:15:31,848
To hear Damien talk in that
film, he reminds me so much of myself.
218
00:15:32,015 --> 00:15:35,894
Did she tell you whenever
she awarded herself the first-place prize
219
00:15:36,102 --> 00:15:37,687
and rode in a parade?
220
00:15:37,896 --> 00:15:41,441
She had this sign on the side
of a car that's saying "first place"
221
00:15:41,650 --> 00:15:45,570
and it's got a blue ribbon on it.
And it was not even a contest!
222
00:15:46,905 --> 00:15:49,824
She just gave herself "first place."
223
00:15:51,576 --> 00:15:55,080
After a series of letters,
writing, corresponding with him,
224
00:15:55,246 --> 00:15:57,123
and then I cared deeply about him.
225
00:15:57,332 --> 00:16:00,502
And the next thing I know,
I'm in Arkansas.
226
00:16:00,710 --> 00:16:06,049
When I was a real little kid, I had,
uhh, a pet turtle for a while. A box turtle.
227
00:16:06,257 --> 00:16:10,053
Did you do any painting on its shell?
I most certainly did not.
228
00:16:10,261 --> 00:16:11,846
We did.
229
00:16:12,055 --> 00:16:15,725
Seeing the film, you realize
something has gone wrong.
230
00:16:15,934 --> 00:16:19,187
You don't get the full picture
because there's so much to the story,
231
00:16:19,396 --> 00:16:21,815
as we've learned,
as it's unfolded over the years.
232
00:16:22,023 --> 00:16:26,945
I was struck by the fact that these people
didn't commit these crimes.
233
00:16:27,153 --> 00:16:30,073
They don't have the right people
in prison.
234
00:16:34,494 --> 00:16:36,830
Questions about
whether justice was served
235
00:16:37,038 --> 00:16:39,207
have loomed in this case
since the verdicts.
236
00:16:39,416 --> 00:16:45,630
The HBO documentary Paradise Lost
gave the case worldwide attention.
237
00:16:45,839 --> 00:16:50,844
I am so glad to see so many people here,
people who are interested in this case.
238
00:16:51,052 --> 00:16:57,642
When I started to write Devil's Knot,
my friends said, "Mara, they did it."
239
00:16:57,809 --> 00:17:02,355
And I said, "Well, that may be,
and if that's true I'm gonna find out."
240
00:17:03,356 --> 00:17:08,778
This was probably the first
crowd-sourced criminal investigation
241
00:17:08,945 --> 00:17:12,449
in history,
is about the only way to describe it.
242
00:17:12,657 --> 00:17:15,452
The case was supposedly solved.
If it was an open case,
243
00:17:15,660 --> 00:17:20,415
the West Memphis Police wouldn't be
required to make available documents.
244
00:17:20,623 --> 00:17:25,086
The West Memphis Police put together
an incredibly large investigation.
245
00:17:25,253 --> 00:17:28,757
Even if a lot of it was nonsense
and rumors.
246
00:17:28,923 --> 00:17:31,968
So we could take on the case,
we could begin to ask the questions.
247
00:17:32,135 --> 00:17:34,679
We can look at Jessie's confession
and we could say:
248
00:17:34,888 --> 00:17:36,723
"Wait a second,
what did he really say
249
00:17:36,890 --> 00:17:39,517
compared to what he was claimed
to have said?"
250
00:17:39,684 --> 00:17:43,730
Right from the start, after Jessie
Misskelley made his Statement to police,
251
00:17:43,897 --> 00:17:46,066
it was recorded, transcribed.
252
00:17:46,232 --> 00:17:50,195
And then it was immediately leaked
to The Commercial Appeal.
253
00:17:52,030 --> 00:17:55,784
I read the confession on the front
page of the Memphis Commercial Appeal
254
00:17:55,992 --> 00:18:02,373
just like everybody else did.
And it seemed like it happened.
255
00:18:02,582 --> 00:18:04,709
When we were appointed
by the court in 1993,
256
00:18:04,876 --> 00:18:07,170
we thought it wasn't gonna be
a jury trial.
257
00:18:07,337 --> 00:18:10,006
We thought it was gonna be a plea.
258
00:18:10,173 --> 00:18:13,093
As I got deeper into the case
and looked at things,
259
00:18:13,259 --> 00:18:15,095
they just didn't start making sense.
260
00:18:15,303 --> 00:18:20,350
Misskelley's versions
of what happened changed wildly,
261
00:18:20,517 --> 00:18:23,728
and he couldn't get the story right
every time or any time.
262
00:18:25,980 --> 00:18:29,192
Everybody round here
knew that Jessie didn't do it.
263
00:18:29,359 --> 00:18:32,403
He didn't like Damien,
he was scared of him.
264
00:18:32,570 --> 00:18:36,116
He, uh, stayed away from him
as much as possible.
265
00:18:37,117 --> 00:18:43,248
Well, he wasn't too good in school.
Had to take him out of school
266
00:18:43,414 --> 00:18:45,333
and I got him started
doing mechanic work.
267
00:18:45,500 --> 00:18:48,419
He caught on pretty good.
268
00:18:48,628 --> 00:18:54,008
When I was growing up, my dad always
taught me, you know... Tell the truth.
269
00:18:54,175 --> 00:18:57,679
Tell the police the truth. I thought
the police was there to help you.
270
00:18:58,221 --> 00:19:00,974
That's when they, uhh,
started questioning me.
271
00:19:01,182 --> 00:19:03,810
Gary Gitchell and Bryn Ridge was,
272
00:19:03,977 --> 00:19:06,479
you know, asking me some questions.
You know, about the kids.
273
00:19:06,646 --> 00:19:08,773
And I tell them,
"I didn't know nothing about it."
274
00:19:08,982 --> 00:19:14,404
The only thing I knew was what, you know...
What I was told from another guy.
275
00:19:14,612 --> 00:19:19,450
I kept telling them the whole time,
"I wanna go home. I wanna go home."
276
00:19:19,659 --> 00:19:23,037
Certainly one of the reasons
behind why he confessed is
277
00:19:23,246 --> 00:19:25,206
that he's borderline
mentally retarded.
278
00:19:25,415 --> 00:19:29,169
He was trying to compose a story
as though he was there.
279
00:19:29,377 --> 00:19:31,713
He just didn't have the details.
280
00:19:31,880 --> 00:19:34,424
Right after,
uh, they beat up all three of them.
281
00:19:34,591 --> 00:19:37,677
Beat them up real bad? And
then they took their clothes off?
282
00:19:37,844 --> 00:19:40,284
Mm..hmm. And then they...
Then they tied them?
283
00:19:40,430 --> 00:19:43,183
Then they tied them up.
Tied their hands up.
284
00:19:43,391 --> 00:19:47,979
And about what time was it
that all this was taking place?
285
00:19:48,188 --> 00:19:50,064
I was there about 12.
286
00:19:50,273 --> 00:19:52,066
About noon?
287
00:19:53,109 --> 00:19:57,739
"Okay. Was it after school had let out?
I didn't go to school.
288
00:19:57,906 --> 00:19:59,782
It couldn't have happened at noon.
289
00:19:59,949 --> 00:20:02,869
It couldn't have happened
before the kids were out of school.
290
00:20:03,077 --> 00:20:08,791
So they kept leading him down the path
from noon to 4:30, 5:30, 6:30.
291
00:20:09,000 --> 00:20:10,043
Was it getting dark?
292
00:20:10,251 --> 00:20:14,214
Your time period might not be
exactly right, what you're saying.
293
00:20:14,422 --> 00:20:17,175
Police officers don't
like the word "interrogation."
294
00:20:17,383 --> 00:20:19,052
They like the word "interview."
295
00:20:19,260 --> 00:20:22,472
So Mr. Misskelley wasn't interviewed,
he was interrogated.
296
00:20:22,680 --> 00:20:27,352
And he was interrogated from 9:00
in the morning until after dark.
297
00:20:27,560 --> 00:20:30,313
This is an entire day
that he was being interrogated,
298
00:20:30,480 --> 00:20:32,815
yet we only had a few minutes
of the audio tape.
299
00:20:32,982 --> 00:20:36,694
Jessie, about what time was it
300
00:20:36,861 --> 00:20:40,448
when the boys
came up to the woods?
301
00:20:40,657 --> 00:20:46,579
I'd say it was about...
It was about 5 or so. Five or 6.
302
00:20:46,746 --> 00:20:48,206
Ummmm.
303
00:20:49,499 --> 00:20:54,087
All right, you told me earlier it was
around 7 or 8 or... Which time is it?
304
00:20:54,254 --> 00:20:55,797
It's 7 or 8.
Okay.
305
00:20:55,964 --> 00:20:57,799
I remember it was starting to get dark.
306
00:20:57,966 --> 00:21:00,593
Okay, well, that clears it up.
307
00:21:00,802 --> 00:21:04,597
We all have our breaking points. I
think it's important that people realize
308
00:21:04,764 --> 00:21:08,726
that this is not just about a person
309
00:21:08,893 --> 00:21:12,230
with disabilities
falsely confessing to a crime.
310
00:21:12,397 --> 00:21:15,525
This is about police misconduct.
That's what this is about.
311
00:21:15,692 --> 00:21:18,653
Once police convince
the person to make a Statement
312
00:21:18,820 --> 00:21:22,156
against their interest, how does
that person know what to say?
313
00:21:22,657 --> 00:21:27,245
Did anyone use a
stick, and hit the boys with?
314
00:21:27,453 --> 00:21:32,792
Damien had a kind of a big old
stick when he hit that first one.
315
00:21:33,001 --> 00:21:35,670
It's because of this phenomenon
known as contamination,
316
00:21:35,878 --> 00:21:39,507
the police will suggest facts
about how the crime happened.
317
00:21:39,674 --> 00:21:43,136
What was to keep these
little boys from running off?
318
00:21:43,344 --> 00:21:47,640
Were their hands tied in a fashion to where
they couldn't have run? You tell me.
319
00:21:47,807 --> 00:21:49,968
They're sitting there
listening to the police.
320
00:21:50,101 --> 00:21:52,937
Listening to their interrogators
ask those leading questions.
321
00:21:53,146 --> 00:21:57,233
"Weren't these boys sexually assaulted?"
Then they know what story to tell back.
322
00:21:57,442 --> 00:22:01,904
Another boy was cut, I understand.
Where was he cut at?
323
00:22:02,113 --> 00:22:04,407
" . At the bottom?
On his bottom?
324
00:22:04,615 --> 00:22:07,118
Do you mean right here?
In his groin area?
325
00:22:07,327 --> 00:22:08,807
Do you know what his penis is?
326
00:22:08,911 --> 00:22:10,580
Yeah, that's where he was cut at.
327
00:22:10,747 --> 00:22:14,000
Did it ever occur to you
that what he was telling you was false?
328
00:22:14,167 --> 00:22:19,088
His entire story was false?
Jessie simply got confused. That's all.
329
00:22:19,255 --> 00:22:22,967
I mean, Jessie was not convicted
on the basis of his confession.
330
00:22:23,176 --> 00:22:24,719
And neither was Damien and Jason.
331
00:22:24,927 --> 00:22:29,307
They were convicted on the basis
of Gary Gitchell's confession.
332
00:22:29,515 --> 00:22:32,352
That was his story.
333
00:22:32,560 --> 00:22:35,438
All they had to do
was get Jessie to agree to it.
334
00:22:35,646 --> 00:22:40,109
It's not particularly difficult
to get a confession from someone
335
00:22:40,318 --> 00:22:41,819
who's mentally handicapped.
336
00:22:42,028 --> 00:22:45,948
It's like interviewing a 3- or 4-,
5-year-old child.
337
00:22:46,699 --> 00:22:50,953
People don't tend to confess
to crimes that they didn't commit.
338
00:22:51,162 --> 00:22:54,916
You know, I'm sure
there may be circumstances
339
00:22:55,083 --> 00:22:57,502
where a person might
have a low mentality.
340
00:22:57,710 --> 00:23:00,922
He's slow-minded, is what it is,
you know what I mean?
341
00:23:01,130 --> 00:23:05,343
It took a while for him to, you know,
get things straight in his mind.
342
00:23:05,551 --> 00:23:08,679
Kind of slow-minded, you know.
343
00:23:08,888 --> 00:23:11,891
Well, hell, everybody's a little bit
slow-minded anyway.
344
00:23:12,100 --> 00:23:15,520
I just have better faith
in our law enforcement
345
00:23:15,728 --> 00:23:19,690
than to force somebody
to make a Statement that's untrue.
346
00:23:20,525 --> 00:23:24,445
I think that it was essentially
poisoned from the very beginning.
347
00:23:24,654 --> 00:23:27,323
The most basic things
about the investigations,
348
00:23:27,532 --> 00:23:29,117
talking to the family members.
349
00:23:29,325 --> 00:23:32,662
Getting Statements from police
that evening.
350
00:23:32,870 --> 00:23:36,707
You know, whether they had these alibis
or not, but it wasn't done.
351
00:23:36,916 --> 00:23:39,627
And it's why the case went bad.
352
00:23:39,836 --> 00:23:42,964
Y'all need to be
investigating some of these people
353
00:23:43,131 --> 00:23:45,508
who've been arrested
for child molestation.
354
00:23:45,675 --> 00:23:46,968
Well, it's like this.
355
00:23:47,176 --> 00:23:50,555
We've got a story
that is very, very believable.
356
00:23:50,763 --> 00:23:54,976
It is so close to perfect
that we have to believe it.
357
00:23:55,184 --> 00:23:57,395
I don't see how anyone could believe it.
358
00:23:57,603 --> 00:24:00,940
Jessie Misskelley said it happened
that morning and everything.
359
00:24:01,149 --> 00:24:02,400
Jason was in school.
360
00:24:02,608 --> 00:24:04,485
And then Jason mowed
his uncle's yard.
361
00:24:04,694 --> 00:24:07,738
He got some money,
went to play video games.
362
00:24:07,905 --> 00:24:11,242
I called Jason's house,
and Jason and Damien
363
00:24:11,409 --> 00:24:13,828
and Jason's brother
were playing video games.
364
00:24:13,995 --> 00:24:16,747
They weren't talking much.
I got a little irritated at them.
365
00:24:16,956 --> 00:24:19,000
Damien asked me to call him
later that night.
366
00:24:19,167 --> 00:24:21,502
There was never a night
that we never spoke.
367
00:24:21,669 --> 00:24:23,713
I remember that we had talked
that night.
368
00:24:23,921 --> 00:24:27,425
When I spoke to police and they came
one afternoon and they spoke to me,
369
00:24:27,633 --> 00:24:29,677
and I talked to them once
and that was it.
370
00:24:29,886 --> 00:24:33,514
"On 9-10-1993, I met Jennifer Bearden
at her residence in Bartlett, Tennessee."
371
00:24:33,681 --> 00:24:36,434
The interview was a result
of having obtained information
372
00:24:36,601 --> 00:24:39,896
that she'd been on the phone
with Damien on the day of the homicide.
373
00:24:40,062 --> 00:24:44,775
She informed me of several times when she'd been
on the phone with Damien and Jason after school.
374
00:24:44,942 --> 00:24:49,280
"And until about 9:30 p.m.
on the evening of 5-5-93."
375
00:24:49,489 --> 00:24:52,366
I was never given a chance
to at least give them, you know,
376
00:24:52,575 --> 00:24:54,619
an alibi to the jury, I mean.
377
00:24:54,827 --> 00:24:57,705
And honestly, I don't think
it would have changed their minds.
378
00:24:57,914 --> 00:25:01,292
I think they were pretty dead-set
on what they were gonna decide.
379
00:25:01,459 --> 00:25:02,835
The evidence will show
380
00:25:03,002 --> 00:25:05,922
that not only was Mr. Misskelley
not in Robin Hood Hills
381
00:25:06,088 --> 00:25:11,052
at the time of these homicides, he was in
a different county almost 40 miles away
382
00:25:11,260 --> 00:25:13,429
the time these crimes occurred.
383
00:25:13,638 --> 00:25:16,349
There were a lot of alibi witnesses.
384
00:25:16,557 --> 00:25:18,935
When was the first time
you remember seeing Jessie?
385
00:25:19,143 --> 00:25:20,811
At, uh, 2:00.
386
00:25:20,978 --> 00:25:26,067
Jessie came to the house. I asked if he could
watch the kids while I went to a conference.
387
00:25:26,234 --> 00:25:28,236
She got back about 4:00
and we went walking.
388
00:25:28,402 --> 00:25:31,155
I seen him walking down the street.
I met him on the corner.
389
00:25:31,364 --> 00:25:34,617
Talking about him fixing to leave
to go to wrestling.
390
00:25:34,825 --> 00:25:38,287
A lot of these folks, when
we went back and visited with them,
391
00:25:38,496 --> 00:25:41,415
they came to the conclusion,
"Oh, yeah, that's the night
392
00:25:41,582 --> 00:25:43,417
that we went wrestling with Jessie."
393
00:25:43,584 --> 00:25:46,712
Do you remember if you went wrestling?
Yes, sir, I did.
394
00:25:46,921 --> 00:25:50,132
Okay, do you remember who went?
Jessie, Freddy.
395
00:25:50,341 --> 00:25:52,885
Me and Jessie and Freddy
396
00:25:53,052 --> 00:25:55,680
and James was at wrestling
that night, you know.
397
00:25:55,888 --> 00:25:57,723
And that's the night that he got hurt.
398
00:25:57,890 --> 00:26:00,768
And that's the night
that so-and-so only went with us.
399
00:26:00,977 --> 00:26:02,436
Once. One time.
400
00:26:02,603 --> 00:26:06,399
That was the same night that we signed
this register at the wrestling hall.
401
00:26:06,566 --> 00:26:09,193
Do you remember seeing Misskelley?
Yes, sir.
402
00:26:09,360 --> 00:26:10,653
Yes, sir. Yes, sir.
403
00:26:10,820 --> 00:26:12,780
You remember Jessie Misskelley?
Yes, sir.
404
00:26:12,947 --> 00:26:14,865
Are you positive about that?
Yes, sir.
405
00:26:15,074 --> 00:26:18,452
Looking through the juror's notes,
they hardly seemed to pay attention
406
00:26:18,619 --> 00:26:20,454
during the alibi portion of it.
407
00:26:24,792 --> 00:26:30,298
You could say I sort of, like, died
myself because I shut out humanity,
408
00:26:30,506 --> 00:26:34,302
and I didn't like people,
I was a hateful person,
409
00:26:34,510 --> 00:26:37,722
and before this happened
I wasn't that type of person.
410
00:26:37,888 --> 00:26:42,893
Words can't explain what the grief,
and what you go through...
411
00:26:43,811 --> 00:26:48,107
We have found this to be
a world of its own.
412
00:26:48,316 --> 00:26:51,944
We had quite a few arguments and
stuff because I couldn't let go.
413
00:26:52,153 --> 00:26:54,864
He told me I had to let it go,
I had to keep living,
414
00:26:55,072 --> 00:26:59,327
and I told him I was still in that ditch
just as much as my son was,
415
00:26:59,535 --> 00:27:04,624
and I was clawing my way out of it
the best way that I knew how.
416
00:27:04,832 --> 00:27:11,297
I left Terry in 2002
and we were divorced in 2004.
417
00:27:12,173 --> 00:27:16,844
I do think that you can meet someone
and know that there's something there.
418
00:27:17,011 --> 00:27:18,846
That there's some journey there
for you.
419
00:27:19,055 --> 00:27:21,682
But I think it takes a long,
it does take a long time,
420
00:27:21,849 --> 00:27:24,310
and I think it's a painful process,
actually.
421
00:27:24,769 --> 00:27:30,316
I was talking about it and how really
and truly stressed out you were that day.
422
00:27:30,524 --> 00:27:34,487
It was the first time you'd been touched
by anybody, like, in seven years.
423
00:27:34,695 --> 00:27:37,698
And I'll never forget you were, like,
so completely pale.
424
00:27:37,865 --> 00:27:39,992
And you were shaking,
and I kind of thought
425
00:27:40,159 --> 00:27:42,995
you were gonna pass out
at one point.
426
00:27:44,830 --> 00:27:48,668
It was a Buddhist ceremony,
and we kind of wrote it ourselves and...
427
00:27:48,876 --> 00:27:52,196
They had a little... We had a little
temple set up or a little altar set up,
428
00:27:52,380 --> 00:27:54,298
We did. Incense burning on it.
429
00:27:54,465 --> 00:27:57,134
You know, they had two guards
up there watching the whole thing.
430
00:27:57,343 --> 00:28:00,513
And you could tell they had no idea,
you know, what the hell was going on.
431
00:28:00,721 --> 00:28:03,224
So they just pretty much stayed
out of the way.
432
00:28:03,432 --> 00:28:07,687
We'd intersperse lots of, you know,
bowing, then kissing and hugging.
433
00:28:07,895 --> 00:28:11,190
I think you're supposed to only kiss
once or something in the ceremony.
434
00:28:11,357 --> 00:28:15,361
We just... We made it seem like
it was a part of the ceremony.
435
00:28:15,569 --> 00:28:17,530
So that was nice,
that was really nice.
436
00:28:17,738 --> 00:28:22,451
But, you know, back then
it was nothing like it is now, you know,
437
00:28:22,660 --> 00:28:24,662
with the people who knew
about the case.
438
00:28:24,870 --> 00:28:28,624
So it was kind of nice
because it was real low-key.
439
00:28:35,047 --> 00:28:40,177
I had talked to Lorri. She
had come out to talk about the case.
440
00:28:40,344 --> 00:28:44,640
My attitude at the time was,
you know, we cannot do this.
441
00:28:44,849 --> 00:28:49,979
They were adamant that this should be
and was a case about innocence.
442
00:28:50,187 --> 00:28:55,234
"We don't want you to focus on death
versus life without parole.
443
00:28:55,443 --> 00:28:57,069
This is a case about innocence."
444
00:28:57,278 --> 00:28:59,905
My reaction was,
if it is a case about innocence,
445
00:29:00,114 --> 00:29:03,033
what they said is that
there's all of this investigation
446
00:29:03,200 --> 00:29:05,453
that has to be done on the ground
in Arkansas.
447
00:29:05,661 --> 00:29:09,749
And we're, you know, a two-lawyer
partnership in San Francisco.
448
00:29:09,957 --> 00:29:14,086
How are we possibly gonna get
the resources to get on the ground
449
00:29:14,295 --> 00:29:17,131
and really investigate
a case in Arkansas?
450
00:29:17,757 --> 00:29:22,720
Lorri Davis said,
"I'll find a way to do it."
451
00:29:22,928 --> 00:29:28,559
I've quit my job, my other job,
so I that can work full-time on the case.
452
00:29:28,768 --> 00:29:32,146
Attorneys for Damien Echols are
appealing their client's conviction
453
00:29:32,354 --> 00:29:35,191
on Arkansas Rule 37,
ineffective counsel.
454
00:29:35,399 --> 00:29:37,026
Prosecutors disagree.
455
00:29:37,234 --> 00:29:41,030
It was effective, it was thorough.
456
00:29:41,197 --> 00:29:43,032
It was a 17-day trial.
457
00:29:43,240 --> 00:29:47,411
Outside the court, supporters
unveiled a banner of more than 2500 postcards,
458
00:29:47,578 --> 00:29:50,539
each pleading to free
the West Memphis Three.
459
00:29:51,165 --> 00:29:53,793
It was always about
free the West Memphis Three.
460
00:29:54,001 --> 00:29:57,880
We were raising funds and it wasn't
even to raise money for their defense.
461
00:29:58,047 --> 00:30:00,841
It was to raise money
so they had money when they got out.
462
00:30:01,008 --> 00:30:03,552
Because the day was coming soon.
463
00:30:04,178 --> 00:30:06,722
I decided it
should be Black Flag songs.
464
00:30:06,889 --> 00:30:10,851
I called Iggy Pop, he said sure.
I called Lemmy, he said, "I'm in."
465
00:30:11,018 --> 00:30:13,896
Called Chuck D from Public Enemy,
he said, "You got it."
466
00:30:14,063 --> 00:30:17,650
All to help these three guys
who I'd never met.
467
00:30:17,858 --> 00:30:20,861
I went to your benefit show in '03
for the West Memphis Three.
468
00:30:21,070 --> 00:30:23,322
It was like the best concert
I've ever been to.
469
00:30:23,531 --> 00:30:25,866
See? I can't believe that
this is still going on.
470
00:30:26,033 --> 00:30:30,412
Yeah, well. I saw a little bit of myself.
Damien liked to hang out alone
471
00:30:30,579 --> 00:30:33,290
and wrote in his journals
that he was depressed. Hello.
472
00:30:33,499 --> 00:30:37,127
He liked to listen to weird music.
Check.
473
00:30:37,336 --> 00:30:40,172
He was a wise-ass
in the face of law enforcement.
474
00:30:40,381 --> 00:30:44,301
I mean, are you kidding?
It could have been me.
475
00:30:44,969 --> 00:30:46,011
Could have been me.
476
00:30:46,178 --> 00:30:48,097
Not everyone agreed
with Rollins' message.
477
00:30:48,264 --> 00:30:53,227
The parents of the murdered children
showed displeasure with picket signs.
478
00:30:53,435 --> 00:30:55,896
My baby was murdered
and butchered like an animal
479
00:30:56,063 --> 00:30:57,565
and his two friends were too.
480
00:30:57,731 --> 00:31:00,860
Whatever punishment they get,
they deserve.
481
00:31:01,026 --> 00:31:05,781
Michael's mother, Diana Moore, agrees,
telling us, "Make no mistake about it."
482
00:31:05,948 --> 00:31:09,660
These three you see convicted
and sentenced did it."
483
00:31:09,869 --> 00:31:13,038
I started getting very
passionate, very sincere hate mail.
484
00:31:13,205 --> 00:31:15,875
Because if you are seen to be
sticking up for someone
485
00:31:16,083 --> 00:31:19,712
who someone else truly believes
has murdered a child,
486
00:31:19,920 --> 00:31:23,132
there's no way you can reason
with that person.
487
00:31:23,340 --> 00:31:25,968
I remember thinking
that if we could get involved,
488
00:31:26,135 --> 00:31:28,721
we'd probably get them out
in maybe one or two years.
489
00:31:28,888 --> 00:31:30,681
That's how naive I was.
490
00:31:30,890 --> 00:31:35,686
It's usually on average
of like 15 to 20 years.
491
00:31:35,895 --> 00:31:38,731
If you would have told us that
three or four years in,
492
00:31:38,939 --> 00:31:41,275
I think it would have been
quite daunting.
493
00:31:42,818 --> 00:31:48,574
This is the first e-mail that I received
from Fran and Peter, and it's 7-25-05.
494
00:31:48,782 --> 00:31:51,702
"What a horror story, unbelievable."
495
00:31:51,869 --> 00:31:55,289
Something positive
has to come from this.
496
00:31:55,497 --> 00:31:57,750
What can we do down here
in New Zealand?
497
00:31:57,958 --> 00:32:00,544
Our names are Peter Jackson
and Fran Walsh.
498
00:32:00,753 --> 00:32:04,715
We would like to offer financial
assistance to help facilitate, hopefully,
499
00:32:04,924 --> 00:32:08,510
"a positive outcome in Damien's appeal
to the federal court."
500
00:32:08,719 --> 00:32:10,721
When Fran and I first got involved,
501
00:32:10,930 --> 00:32:13,766
it felt like the case
was in a holding pattern.
502
00:32:13,933 --> 00:32:18,312
But it wasn't a holding pattern
for Damien's chances of staying alive.
503
00:32:18,479 --> 00:32:20,814
That doesn't go into a holding pattern.
504
00:32:21,023 --> 00:32:23,609
"Dear Fran and Peter,
your e-mail was a welcome sight"
505
00:32:23,776 --> 00:32:27,488
on a very hot Monday morning
here in Arkansas.
506
00:32:27,696 --> 00:32:29,114
My name is Lorri Davis
507
00:32:29,323 --> 00:32:32,493
and I have been involved
in working on the case for nine years.
508
00:32:32,701 --> 00:32:35,245
There are many twists
and turns to the story.
509
00:32:35,454 --> 00:32:37,331
It's still incredibly frustrating.
510
00:32:37,539 --> 00:32:40,459
"Appeal's taking forever
and funds always needed."
511
00:32:41,961 --> 00:32:47,967
I have a pathological hatred
of bullying and people in power
512
00:32:48,175 --> 00:32:52,471
crapping on people who have
no ability to defend themselves.
513
00:32:52,680 --> 00:32:55,933
I believe in justice. I think there are
good people and bad people.
514
00:32:56,100 --> 00:32:58,352
People do horrible things
and should be punished.
515
00:32:58,560 --> 00:33:01,188
Justice should be fair,
it should be honorable,
516
00:33:01,397 --> 00:33:05,275
it should be decent, it should speak
to our values as human beings
517
00:33:05,484 --> 00:33:07,444
that right must prevail.
518
00:33:08,779 --> 00:33:12,199
And all that I could see in the case
of the West Memphis Three is
519
00:33:12,408 --> 00:33:18,080
wrong was prevailing and that wrong
was being perpetrated by people
520
00:33:18,288 --> 00:33:21,000
who, I believe,
knew they were doing wrong.
521
00:33:22,960 --> 00:33:26,839
Most people think that this
case is something extraordinary.
522
00:33:27,006 --> 00:33:30,801
It's spectacular in some sort of way,
and it's not. Burnett and Fogleman
523
00:33:30,968 --> 00:33:34,096
thought they could make a name
for themselves off of this case.
524
00:33:34,304 --> 00:33:36,849
Because, really,
you're dealing with three kids
525
00:33:37,057 --> 00:33:40,686
who were bottom of the barrel,
poor white trash
526
00:33:40,894 --> 00:33:44,023
that nobody's ever gonna
ask another question about.
527
00:33:46,400 --> 00:33:48,318
He thought they would say, "Guilty."
528
00:33:48,527 --> 00:33:51,030
This whole thing would be swept
under the rug.
529
00:33:51,238 --> 00:33:52,573
The State would kill me.
530
00:33:52,781 --> 00:33:55,159
Jason and Jessie would spend
their lives in prison.
531
00:33:55,325 --> 00:33:58,162
He'd move up the political ladder.
That's all he cared about.
532
00:33:58,328 --> 00:34:04,209
This case is nothing out of the ordinary.
This happens all the time.
533
00:34:07,171 --> 00:34:11,008
How did I decide
which trial would go first?
534
00:34:12,217 --> 00:34:15,679
And the reason I'm hesitating,
I'm trying to think if that's a question
535
00:34:15,888 --> 00:34:18,599
that I should be answering.
536
00:34:19,475 --> 00:34:22,227
In general, a case with a confession,
537
00:34:22,978 --> 00:34:25,814
uh, would be your easier case
538
00:34:25,981 --> 00:34:29,193
as opposed to one
without direct evidence.
539
00:34:34,531 --> 00:34:36,784
Ten feet, ma'am. Back up.
Okay.
540
00:34:36,950 --> 00:34:39,953
Are you gonna testify
against your co-defendants?
541
00:34:40,120 --> 00:34:42,915
Jessie, were you
forced to talk about this?
542
00:34:43,123 --> 00:34:44,750
The prosecutors had a problem.
543
00:34:44,958 --> 00:34:46,668
They could not play the tape
544
00:34:46,877 --> 00:34:49,254
of Misskelley's Statement
at the second trial.
545
00:34:49,421 --> 00:34:51,340
They needed Mr. Misskelley to testify.
546
00:34:51,507 --> 00:34:54,551
They thought they were gonna lose
the other two.
547
00:34:54,718 --> 00:34:56,720
Are you worried about his testimony?
548
00:34:56,887 --> 00:35:01,016
Judge Burnett appointed Phillip
Wells to interview Mr. Misskelley
549
00:35:01,225 --> 00:35:04,436
to make sure he didn't really,
really, really want to testify
550
00:35:04,645 --> 00:35:07,356
against Baldwin and Echols.
551
00:35:07,523 --> 00:35:10,400
Here's a young 18-year-old,
under a lot of stress,
552
00:35:10,567 --> 00:35:15,364
facing life plus 40 years in penitentiary.
He has to make sure whatever options
553
00:35:15,531 --> 00:35:19,660
and offers are available to him
are looked into or communicated.
554
00:35:19,868 --> 00:35:23,580
Promises of lesser sentences,
you know, a much easier life in prison.
555
00:35:23,789 --> 00:35:28,043
Many defendants would have
jumped on that deal. Jessie said no.
556
00:35:28,210 --> 00:35:30,210
They can't come
up with physical evidence.
557
00:35:30,337 --> 00:35:33,090
They've got to turn to witnesses
who they can convince
558
00:35:33,257 --> 00:35:36,718
to give Statements in court. That's
the only evidence they come up with.
559
00:35:36,927 --> 00:35:41,056
Just when it seemed attorneys for
the State had their back against a wall,
560
00:35:41,265 --> 00:35:44,059
Craighead County Courthouse
came to an eerie silence
561
00:35:44,268 --> 00:35:47,563
as 16-year-old Michael Carson,
a former juvenile inmate,
562
00:35:47,771 --> 00:35:50,107
who spent time with Baldwin,
took the stand.
563
00:35:50,315 --> 00:35:55,154
I was doing serious adult drugs
and, I mean, I was doing a lot of them.
564
00:35:55,320 --> 00:35:58,907
I got out there.
I thought birds had cameras on them.
565
00:36:00,117 --> 00:36:05,455
Michael Carson, he was fixing
to go to the penitentiary
566
00:36:05,664 --> 00:36:11,086
for several counts
of residential burglary,
567
00:36:11,295 --> 00:36:15,591
and that is when the prosecutor
got a hold of him.
568
00:36:15,799 --> 00:36:19,303
Were you offered anything
as far as a reward
569
00:36:19,469 --> 00:36:21,221
or anything of that nature?
570
00:36:21,388 --> 00:36:22,931
No, sir, and if I was,
I would deny it.
571
00:36:23,098 --> 00:36:27,269
Jason was not very outspoken. He wasn't,
you know, jumping around and stuff.
572
00:36:27,477 --> 00:36:30,230
He's a very quiet,
to-himself type of person.
573
00:36:30,439 --> 00:36:33,275
What did he tell you?
He told me
574
00:36:33,483 --> 00:36:35,319
how he dismembered the kid,
575
00:36:35,527 --> 00:36:37,946
he sucked the blood
from the penis and scrotum
576
00:36:38,155 --> 00:36:40,365
and put the balls in his mouth.
577
00:36:40,574 --> 00:36:43,327
I remember not knowing
why I was doing what I was doing.
578
00:36:43,535 --> 00:36:45,913
I remember it actually going
through my head.
579
00:36:46,121 --> 00:36:51,376
I would have this massive illusion
in my head and swear to God it was real.
580
00:36:51,585 --> 00:36:55,464
And the kids, that night
I let them listen to the news,
581
00:36:55,672 --> 00:36:58,800
and they just went crazy.
582
00:36:59,009 --> 00:37:04,473
They said, "He's a lying son of a bitch.
Jason didn't tell him nothing."
583
00:37:05,307 --> 00:37:08,143
I could understand why he
would never want to see me again
584
00:37:08,352 --> 00:37:13,232
or talk to me again, but I'm just
telling him right now that I'm sorry.
585
00:37:13,440 --> 00:37:17,361
I made the Statement
to Larry, the sheriff.
586
00:37:17,527 --> 00:37:20,364
I said,
"Larry, those kids are not guilty."
587
00:37:20,572 --> 00:37:24,952
He said, "Joyce."
He said, "it's this simple.
588
00:37:25,160 --> 00:37:29,915
Crittenden County fucked up,
now we've got to clean up."
589
00:37:30,123 --> 00:37:31,166
I'm a drug addict.
590
00:37:31,375 --> 00:37:35,796
I was doing a lot of inhalants, LSD,
I was huffing gas all the time.
591
00:37:36,004 --> 00:37:41,343
It's bad. It takes your whole perspective
on life and makes it a dream.
592
00:37:42,761 --> 00:37:46,890
And they knew that.
They knew the drugs that I was doing.
593
00:37:57,067 --> 00:38:00,028
Did you walk in
those woods in the winter?
594
00:38:00,237 --> 00:38:03,490
Yeah, that was
the best time because during summer
595
00:38:03,699 --> 00:38:06,118
it's really marshy.
596
00:38:06,326 --> 00:38:09,579
During the winter it was froze,
the ground would be froze solid.
597
00:38:09,788 --> 00:38:13,583
So you didn't have to worry about
all the mud and all that business.
598
00:38:13,792 --> 00:38:16,545
I love the thought of being out there.
599
00:38:16,753 --> 00:38:21,550
The cool, dark part of the year,
it's my absolute favorite time of year.
600
00:38:21,758 --> 00:38:23,677
Part of it was that whenever I was out,
601
00:38:23,844 --> 00:38:26,930
that was always the time of year
whenever I felt the safest.
602
00:38:27,139 --> 00:38:30,851
Because most people, whenever
it gets cold, you know, they're not out.
603
00:38:31,059 --> 00:38:35,856
So it's almost like at that time of year
the entire world is almost yours.
604
00:38:36,064 --> 00:38:37,149
Nobody else wants it.
605
00:38:39,735 --> 00:38:43,238
Jason and I would talk about leaving
that place, moving out of that place,
606
00:38:43,447 --> 00:38:48,243
but we were so young that it never was
a definite plan, it was always just
607
00:38:48,452 --> 00:38:51,663
we've got to get the hell out of here.
608
00:38:51,872 --> 00:38:55,834
The thing that Jason always loved
was art. You know, painting,
609
00:38:56,043 --> 00:38:57,377
drawing, things like that.
610
00:38:57,586 --> 00:39:00,422
He would do these paintings
that were absolutely incredible
611
00:39:00,589 --> 00:39:02,424
when he had art class in school.
612
00:39:02,632 --> 00:39:04,468
The teacher would refuse
to grade them.
613
00:39:04,634 --> 00:39:07,512
She would say,
"That's not what I told you to paint.
614
00:39:07,721 --> 00:39:11,933
That's not what I told you to draw,
I don't want to see one more skull."
615
00:39:12,142 --> 00:39:16,146
She would say, you know, "You were
assigned to do a still-life of flowers."
616
00:39:16,313 --> 00:39:19,816
Jason was like, "Fuck that, I'm not
doing that, it's not what I want to do."
617
00:39:21,651 --> 00:39:25,655
I've jokingly said to Lorri before
that I think that, in a lot of ways,
618
00:39:25,822 --> 00:39:28,575
I may have brought this on myself,
this entire situation.
619
00:39:28,742 --> 00:39:31,328
Because when I was a child
I knew what my passion was,
620
00:39:31,536 --> 00:39:35,957
I knew what my drive was, I knew
what my desire was. I loved magic.
621
00:39:36,166 --> 00:39:39,378
I would say to myself, you know,
these names that people think of.
622
00:39:39,586 --> 00:39:42,422
I would say, "One day my name
is gonna eclipse all of them."
623
00:39:42,631 --> 00:39:45,175
I'm gonna be the greatest magician
there's ever been."
624
00:39:45,384 --> 00:39:49,262
And I had no idea that that meant
I would have 20 years
625
00:39:49,471 --> 00:39:53,725
to sit alone in a prison cell
and practice and study.
626
00:39:55,060 --> 00:39:57,813
But that's a word
that you don't even use here,
627
00:39:58,021 --> 00:40:00,190
because when people
hear the word "magic,"
628
00:40:00,357 --> 00:40:02,776
anything even remotely
connected to magic
629
00:40:02,984 --> 00:40:04,861
has to be evil in some kind of way.
630
00:40:07,114 --> 00:40:09,699
Uh, I noticed that Damien,
631
00:40:09,908 --> 00:40:15,455
he had on kind of a black
duster-looking coat and carried a staff.
632
00:40:15,622 --> 00:40:18,750
And I... You know,
that's kind of weird-looking.
633
00:40:18,959 --> 00:40:24,798
But that's one of the things
that I testified to in the court hearing.
634
00:40:25,006 --> 00:40:26,258
Damien, Jason
635
00:40:26,466 --> 00:40:29,719
and Jessie had no motive
whatsoever to kill these three boys.
636
00:40:29,928 --> 00:40:32,222
You know,
boys that they didn't even know.
637
00:40:32,973 --> 00:40:37,310
And so, therefore, the State went
to the only motiveless theory
638
00:40:37,477 --> 00:40:39,521
that they could possibly go to.
639
00:40:40,021 --> 00:40:42,357
We thought that the best thing
to do would be to
640
00:40:42,566 --> 00:40:45,569
actually get some expert analysis
on the crime itself.
641
00:40:45,777 --> 00:40:50,907
As far as we could see the best person
to get would be John Douglas,
642
00:40:51,491 --> 00:40:57,372
who was there at the creation
of the FBI Behavioral Science Unit.
643
00:40:59,166 --> 00:41:03,462
From the evidence and the crime scene,
they start to put a picture together
644
00:41:03,670 --> 00:41:07,340
of who committed the crime
and why they committed the crime.
645
00:41:07,549 --> 00:41:11,595
My role when I was brought into this
case was primarily to analyze the case to see
646
00:41:12,387 --> 00:41:15,515
does it really fit the three people
they have in prison?
647
00:41:15,724 --> 00:41:17,559
I didn't wanna know anything
about them.
648
00:41:17,726 --> 00:41:20,770
I don't want to become prejudiced
and be swayed in any way.
649
00:41:21,062 --> 00:41:26,026
If I do an analysis like this, you may not
like what I have to say. I'm not a hired gun.
650
00:41:26,193 --> 00:41:28,778
When I work on a case like this,
I work for the victims.
651
00:41:28,987 --> 00:41:31,907
No matter who brings me in,
I'm working for the victims.
652
00:41:33,241 --> 00:41:36,912
This appeared to be
what we call a lust murder.
653
00:41:37,120 --> 00:41:41,208
There's blunt-force trauma inflicted
on these children.
654
00:41:41,416 --> 00:41:45,337
There was evidence of sexual mutilation
to one of the victims.
655
00:41:45,545 --> 00:41:47,964
Three victims were hog-tied
with their shoelaces
656
00:41:48,173 --> 00:41:51,593
from their wrists to their ankles.
657
00:41:51,801 --> 00:41:56,515
And on the surface, it appeared
to be a sexually motivated crime.
658
00:41:57,432 --> 00:42:01,728
The focus of the investigation
is always on the families.
659
00:42:02,187 --> 00:42:05,357
You start from there,
and you work your way out.
660
00:42:08,276 --> 00:42:10,195
There were some police notes
661
00:42:10,403 --> 00:42:13,031
where they had looked
into the possibility
662
00:42:13,198 --> 00:42:17,202
that a stepfather might be involved.
663
00:42:17,869 --> 00:42:20,705
They take me back to
the police station and said:
664
00:42:20,872 --> 00:42:25,544
"We have information
that you are involved in this crime
665
00:42:25,710 --> 00:42:26,836
and that you did it."
666
00:42:27,045 --> 00:42:30,715
I may have
information that you have something to do
667
00:42:30,882 --> 00:42:35,262
with the disappearance of the boys,
and, ultimately, of the murder.
668
00:42:35,428 --> 00:42:39,599
It's almost more than I can
believe, you know, what you just said to me.
669
00:42:39,808 --> 00:42:43,144
And it makes me so mad inside
670
00:42:43,353 --> 00:42:46,898
that I just kind of got to hold myself
here in this chair.
671
00:42:47,107 --> 00:42:49,651
I had hair removed.
672
00:42:49,859 --> 00:42:55,115
I had to have over 30 pubic hairs
pulled out, plus the roots.
673
00:42:55,448 --> 00:42:57,528
We're gonna interview
the other two fathers.
674
00:42:57,659 --> 00:42:59,911
We're gonna ask them
the same questions.
675
00:43:00,120 --> 00:43:03,999
They said, "We're gonna do
the other family members"
676
00:43:04,207 --> 00:43:06,293
just like we gonna do you."
677
00:43:07,919 --> 00:43:14,175
The assumption is that the crime was
unusual, it was bizarre, it was grotesque.
678
00:43:14,884 --> 00:43:18,054
Even when
Paradise Lost 2 comes out,
679
00:43:18,263 --> 00:43:20,682
and they are presenting
an alternative scenario,
680
00:43:20,890 --> 00:43:27,147
they're going to an equally theatrical
possible perpetrator in John Mark Byers.
681
00:43:28,648 --> 00:43:30,317
"Dearest Damien."
682
00:43:30,483 --> 00:43:32,611
There are many things we can do
683
00:43:32,777 --> 00:43:35,905
that can shed light on the truth
of what happened to those boys.
684
00:43:36,114 --> 00:43:38,533
It is impossible
to do something this heinous
685
00:43:38,742 --> 00:43:40,577
and not leave a personal imprint.
686
00:43:40,785 --> 00:43:43,622
We need to do extensive
investigative work on Byers,
687
00:43:43,830 --> 00:43:46,791
"investigative work
that the police failed to do."
688
00:43:47,959 --> 00:43:51,254
I went down to the
Memphis area and conducted
689
00:43:51,463 --> 00:43:55,175
an interview with Mark Byers, or
attempted to conduct an initial interview.
690
00:43:55,383 --> 00:43:59,929
I knocked on his door,
he came out, his wife came out,
691
00:44:00,138 --> 00:44:02,641
and pretty much,
he wanted to kick me off his porch.
692
00:44:02,849 --> 00:44:04,100
He didn't wanna talk to me.
693
00:44:04,309 --> 00:44:10,940
It was daily grind, fighting on the
Internet with people, being in a place
694
00:44:11,149 --> 00:44:15,987
and someone recognizing me
and get up and go call their friends,
695
00:44:16,196 --> 00:44:21,368
then all of a sudden, I got a mob,
and I got to sneak out the back door
696
00:44:21,576 --> 00:44:23,536
because I know
a ass-kicking's coming.
697
00:44:23,745 --> 00:44:27,957
"We need to find all of Mark Byers'
living relatives. We need to find Ryan Clark."
698
00:44:28,166 --> 00:44:30,877
We need to figure out a strategy
for getting him to talk.
699
00:44:31,086 --> 00:44:32,921
We need to know where
and at what time
700
00:44:33,088 --> 00:44:35,340
they went looking for Christopher
on May 5th.
701
00:44:35,507 --> 00:44:37,467
We need to locate all
of Byers' vehicles
702
00:44:37,676 --> 00:44:40,512
that he owned at that time
and Luminol-test them.
703
00:44:40,720 --> 00:44:42,597
We need to access
Byers' ex-residence
704
00:44:42,806 --> 00:44:45,892
and Luminol-test every floor surface
in the house.
705
00:44:46,685 --> 00:44:48,978
Lots of questions,
and not many answers.
706
00:44:49,604 --> 00:44:52,232
But right now
we're still stumbling around in the dark
707
00:44:52,399 --> 00:44:53,858
"looking for a light switch."
708
00:44:57,195 --> 00:44:59,072
Mark Byers, he had a tough life.
709
00:44:59,280 --> 00:45:02,826
He has a criminal history,
got busted for some prescription drugs.
710
00:45:03,660 --> 00:45:08,581
But he is not the type of personality
that would perpetrate a crime
711
00:45:08,790 --> 00:45:12,711
like the crimes I was looking at
here in West Memphis.
712
00:45:12,919 --> 00:45:14,879
When we learned the case,
713
00:45:15,088 --> 00:45:18,007
the timeline just
didn't add up to us.
714
00:45:18,216 --> 00:45:21,886
Beyond the theatrical
nature of Mark Byers,
715
00:45:22,095 --> 00:45:25,265
he didn't have a motive,
he didn't actually have the opportunity.
716
00:45:25,473 --> 00:45:27,434
It became clear to us that,
717
00:45:27,642 --> 00:45:29,728
you know,
people were looking at Byers
718
00:45:29,936 --> 00:45:33,106
because they thought he was
the sort of person who could do this.
719
00:45:33,314 --> 00:45:36,735
And our reaction to that was
the reason Damien got convicted
720
00:45:36,901 --> 00:45:40,196
was that people thought he was
the sort of person who could do this.
721
00:45:41,740 --> 00:45:43,074
When I was in the Bureau,
722
00:45:43,241 --> 00:45:46,119
we came up with a crime
classification manual we designed.
723
00:45:46,286 --> 00:45:47,495
We considered Satanic
724
00:45:47,662 --> 00:45:50,832
because these cops were
bringing back these cases to us.
725
00:45:51,040 --> 00:45:52,584
Satanic murders, Satanic murders.
726
00:45:52,792 --> 00:45:55,295
There were classes being offered
all over the country.
727
00:45:55,503 --> 00:45:57,005
Oprah Winfrey had shows,
728
00:45:57,213 --> 00:46:00,049
Geraldo Rivera had shows,
it was all over here.
729
00:46:00,258 --> 00:46:04,471
Another area that you might
find Satanic ritual carving
730
00:46:04,637 --> 00:46:06,389
is in the stomach area.
731
00:46:06,598 --> 00:46:09,601
This is not a Satanic...
This is not a ritual. It's a murder.
732
00:46:09,809 --> 00:46:11,895
It's a murder
maybe by one crazy guy.
733
00:46:12,061 --> 00:46:14,230
If you're calling this Satanic,
we could have
734
00:46:14,397 --> 00:46:16,775
just as many murders
where a Bible is left there.
735
00:46:16,941 --> 00:46:20,361
Does that make it a Christian murder?
It's a Bible? I mean, no, it's nuts.
736
00:46:20,570 --> 00:46:23,531
It's just one, you know, crazy person.
737
00:46:23,740 --> 00:46:25,492
Police say Satanists in our area
738
00:46:25,658 --> 00:46:29,329
often conduct their rituals
in remote, wooded areas.
739
00:46:29,537 --> 00:46:34,042
At some point did Damien
invite you to some meeting?
740
00:46:34,209 --> 00:46:35,251
He did.
741
00:46:35,460 --> 00:46:37,879
The West Memphis
Police didn't seem interested
742
00:46:38,046 --> 00:46:41,257
in corroborating anything,
they just took everything at face value.
743
00:46:41,883 --> 00:46:46,221
A cult, Satanic meeting.
Okay.
744
00:46:49,766 --> 00:46:52,977
I got a phone call from
a lawyer in Fayetteville
745
00:46:53,144 --> 00:46:55,772
who had Vicki Hutcheson
sitting at her desk.
746
00:46:55,980 --> 00:46:58,066
Would you raise your right hand?
747
00:46:58,233 --> 00:47:02,445
Said, "She's ready to recant her
trial testimony, how fast can you get here?"
748
00:47:03,863 --> 00:47:07,784
She obviously asked for immunity
from the State,
749
00:47:07,951 --> 00:47:09,619
which they refused to grant.
750
00:47:09,828 --> 00:47:15,166
So here's the State of Arkansas at
the Rule 37 hearings still stonewalling,
751
00:47:15,375 --> 00:47:18,545
still refusing to let the truth shine
on this case.
752
00:47:18,753 --> 00:47:20,755
Damien and I stood back,
753
00:47:20,922 --> 00:47:23,550
and then these kids took
their clothes off,
754
00:47:23,758 --> 00:47:27,929
and I looked at Damien,
and I said, "I want to leave."
755
00:47:28,638 --> 00:47:33,643
I testified to it, but I lied on the stand.
756
00:47:33,852 --> 00:47:36,271
It was frightening to
listen to her tell the truth,
757
00:47:36,479 --> 00:47:38,898
the truth that I knew had existed
all these years.
758
00:47:39,107 --> 00:47:42,110
The truth that she wouldn't
come out and say
759
00:47:42,277 --> 00:47:44,904
because she was afraid
of what would happen to her.
760
00:47:45,071 --> 00:47:47,031
You mentioned
that you went and met.
761
00:47:47,198 --> 00:47:49,367
Jerry Driver
at the Marion Police Department.
762
00:47:49,576 --> 00:47:51,077
I'm trying to remember.
763
00:47:51,286 --> 00:47:52,787
I do, I know who she is.
764
00:47:52,996 --> 00:47:56,040
It's just kind of back in my mind
somewhere.
765
00:47:56,249 --> 00:47:58,084
What did they ask you to do?
766
00:47:58,293 --> 00:48:01,880
Do I think... They asked me,
do I think I could get, um, Jessie
767
00:48:02,088 --> 00:48:03,548
to introduce me to Damien.
768
00:48:04,173 --> 00:48:10,722
All we asked her was to go
in and see what she could find out.
769
00:48:11,472 --> 00:48:15,560
Now that was with police department's
knowledge and consent.
770
00:48:15,768 --> 00:48:17,437
He's the one that suggested:
771
00:48:17,645 --> 00:48:21,274
"Well, if you're gonna have Damien over,
you to need to have demon books
772
00:48:21,482 --> 00:48:24,652
on your coffee table."
773
00:48:24,861 --> 00:48:28,406
The only thing she was coached
to do was to not get caught,
774
00:48:28,615 --> 00:48:33,745
because we were actually afraid
that if she got caught, he'd kill her.
775
00:48:34,495 --> 00:48:37,498
Damien looks down
at those demon book things.
776
00:48:37,707 --> 00:48:41,002
And I said, "Why are you so nervous?"
And he said, "Well, you'd be nervous too
777
00:48:41,169 --> 00:48:43,421
if they thought you killed
three little kids."
778
00:48:43,588 --> 00:48:45,715
And I said, "Why would they think you,
of all people?"
779
00:48:45,882 --> 00:48:49,093
And he goes, "I'm... Because I'm weird,
I guess, you know." And I was like...
780
00:48:49,260 --> 00:48:51,054
I Was like, "Well, did you kill them?"
781
00:48:51,220 --> 00:48:54,849
He said, "Well, no! I wouldn't do
something like that," like I was stupid.
782
00:48:55,016 --> 00:48:58,394
And he was just like any other kid
his age, you know.
783
00:48:58,603 --> 00:49:00,355
He was just a normal kid.
784
00:49:00,521 --> 00:49:01,940
Any other contact with Damien?
785
00:49:02,148 --> 00:49:03,441
None at all. Okay.
786
00:49:03,650 --> 00:49:09,822
I was just a big liar,
and I really was just a big liar.
787
00:49:10,531 --> 00:49:13,952
I've spent a lot of
the last 17 years looking back
788
00:49:14,160 --> 00:49:17,538
at what I should have done
and what I could have done.
789
00:49:17,872 --> 00:49:21,918
You know, it would be easy for me
to say I did the best I could.
790
00:49:22,126 --> 00:49:25,672
But I didn't.
There's no substitute for experience,
791
00:49:25,880 --> 00:49:29,759
and it's hard to look back.
792
00:49:36,599 --> 00:49:40,228
It was before the trial when
Mr.Fogleman was leaving my office,
793
00:49:40,436 --> 00:49:45,483
I stopped him in the hallway, and I
asked him, "Is this actually Satanic?"
794
00:49:45,650 --> 00:49:48,027
Is that what they're saying?"
795
00:49:48,861 --> 00:49:52,907
And he... His response was no,
it's not Satanic.
796
00:49:53,116 --> 00:49:56,285
It's just murder.
797
00:49:57,453 --> 00:50:00,915
It's not something made up,
it's not something dreamed up,
798
00:50:01,124 --> 00:50:03,668
it's not a figment
of our imagination.
799
00:50:03,876 --> 00:50:08,881
The evidence was that this murder
had the trappings of an occult murder,
800
00:50:09,090 --> 00:50:10,800
a Satanic murder.
801
00:50:11,009 --> 00:50:16,639
When you take the crime scene,
the injuries to these kids,
802
00:50:16,848 --> 00:50:21,728
the testimony about sucking of blood,
and there's a transference of power
803
00:50:21,936 --> 00:50:24,313
from drinking of blood.
804
00:50:25,148 --> 00:50:28,276
Could you have any reason
to understand
805
00:50:28,484 --> 00:50:33,781
why someone would do that
to three 8-year-old boys?
806
00:50:33,990 --> 00:50:40,329
Well, you know, everyone can say,
"Well, who did you tell?" Well, nobody.
807
00:50:40,538 --> 00:50:46,002
I think this case was never about justice
because they knew we didn't do this.
808
00:50:46,210 --> 00:50:48,546
Fogleman knew we did not do this.
809
00:50:49,088 --> 00:50:53,342
Is it a coincidence
this knife is found in the lake,
810
00:50:53,509 --> 00:50:57,972
hidden behind
Jason Baldwin's house?
811
00:50:58,473 --> 00:51:01,768
And the same person that this knife
is found behind is the person
812
00:51:01,976 --> 00:51:04,437
that told Michael Carson
that he did it,
813
00:51:04,645 --> 00:51:08,274
and he sucked the blood out
of the kid's penis, is that a coincidence?
814
00:51:08,483 --> 00:51:11,694
If you ask me, the
single greatest offense
815
00:51:11,903 --> 00:51:16,699
committed in this case
is what was done by John Fogleman
816
00:51:16,908 --> 00:51:18,493
with the knife in the lake.
817
00:51:18,701 --> 00:51:22,080
Fogleman had divers search
a small lake behind the trailer park
818
00:51:22,288 --> 00:51:26,125
where Baldwin lived.
That search produced a knife.
819
00:51:27,085 --> 00:51:31,422
To go out there in this
big pond, and to go right there,
820
00:51:31,631 --> 00:51:35,802
and in just less than 3O minutes
and come up with this... This knife.
821
00:51:36,010 --> 00:51:39,222
I mean, you win the lottery.
822
00:51:39,388 --> 00:51:41,891
And then there's a reporter covering it.
823
00:51:42,100 --> 00:51:46,938
We interviewed and have
the declaration of the diver.
824
00:51:47,146 --> 00:51:51,859
He said that he was given
a description of the knife
825
00:51:52,068 --> 00:51:55,029
and where it would be located.
826
00:51:55,238 --> 00:51:58,866
The press said they were told...
And we have the reporter.
827
00:51:59,075 --> 00:52:02,078
"Come to the lake,
we are about to make a discovery."
828
00:52:04,413 --> 00:52:08,209
The prosecution knew the knife
was in the lake.
829
00:52:08,417 --> 00:52:11,462
Nothing wrong with that.
You have an informant, they tell you:
830
00:52:11,671 --> 00:52:15,383
"Oh, the crime was committed and
we know where the murder weapon is.
831
00:52:15,591 --> 00:52:18,302
They committed the crime
and they threw it in the lake."
832
00:52:18,511 --> 00:52:22,014
The thing is that informant
is of critical importance.
833
00:52:22,223 --> 00:52:24,684
They're the one
who connects it to the crime.
834
00:52:24,892 --> 00:52:28,437
They're the one who allows you
to say it was the murder weapon.
835
00:52:28,646 --> 00:52:32,275
Why don't you call
that informant at trial?
836
00:52:32,483 --> 00:52:36,571
Why instead do you tell a lie,
as John Fogleman did,
837
00:52:36,779 --> 00:52:41,075
and say, "I just had a hunch
it was in the lake"?
838
00:52:41,909 --> 00:52:46,706
The reason is that John Fogleman
had been told how it got in the lake.
839
00:52:46,914 --> 00:52:49,250
It was thrown in the lake
by Jason's mother.
840
00:52:49,458 --> 00:52:53,713
All I know is my son is innocent,
and he has been quiet.
841
00:52:53,921 --> 00:52:57,383
And so there's a connection to Jason.
Why not bring it forward?
842
00:52:57,592 --> 00:53:00,636
Because the same people
who told them that it was in the lake
843
00:53:00,845 --> 00:53:05,266
let him know that it was thrown
into the lake a year before the crime.
844
00:53:06,684 --> 00:53:10,062
He knew that knife in the lake
had nothing to do with the crime
845
00:53:10,229 --> 00:53:13,191
because he had been told
when it was thrown in the lake.
846
00:53:13,399 --> 00:53:20,239
This knife, State's exhibit 77,
caused those injuries right there.
847
00:53:22,200 --> 00:53:24,118
Dash, dash, dash.
848
00:53:25,286 --> 00:53:27,955
I think the knife that
was in the courtroom was the one
849
00:53:28,164 --> 00:53:32,293
that was used on the Byers boy.
850
00:53:34,170 --> 00:53:36,172
I still think that.
851
00:53:36,380 --> 00:53:40,551
People that found the bodies
and saw the wounds
852
00:53:40,760 --> 00:53:43,429
said that it appeared
to be cult-related.
853
00:53:43,596 --> 00:53:48,059
Serrations are consistent with
being inflicted with this type of knife.
854
00:53:48,226 --> 00:53:51,771
The only way you can tell
if a serrated knife has been used
855
00:53:51,979 --> 00:53:55,441
is by looking for the serrations
that rub across the skin.
856
00:53:56,442 --> 00:53:59,362
Arkansas is one of
the last remaining States
857
00:53:59,570 --> 00:54:02,573
that has a prosecutor-controlled
crime lab.
858
00:54:02,782 --> 00:54:06,869
What that means is
the medical examiner is not a witness
859
00:54:07,078 --> 00:54:11,540
for what actually happened, but he is
an actual arm of the prosecution.
860
00:54:11,749 --> 00:54:14,126
At this time I would ask that Dr. Peretti
861
00:54:14,335 --> 00:54:16,712
be allowed to show
the photographs and use...
862
00:54:16,921 --> 00:54:21,801
One of the key elements of the case that
we wanted to get into was Frank Peretti.
863
00:54:22,009 --> 00:54:25,846
Dr. Frank Peretti was the assistant
medical examiner at the time
864
00:54:26,055 --> 00:54:27,807
the autopsies were conducted.
865
00:54:28,015 --> 00:54:29,892
He's not actually board-certified.
866
00:54:30,101 --> 00:54:33,354
You get five chances to take
the board exams in Arkansas
867
00:54:33,562 --> 00:54:36,023
and Frank Peretti has
failed them twice.
868
00:54:36,190 --> 00:54:40,695
He's opted out of taking them again
for personal reasons.
869
00:54:41,529 --> 00:54:47,410
His medical testimony at the trial
created a picture in the jury's mind
870
00:54:47,618 --> 00:54:51,539
of a ritualistic, sexual murder.
871
00:54:51,747 --> 00:54:56,419
These type of injuries we commonly see
in the female rape victim.
872
00:54:56,627 --> 00:54:59,297
Trying to spread the legs
for penetration.
873
00:54:59,505 --> 00:55:04,885
The anal orifice was dilated, it could be
from putting an object in the anus.
874
00:55:05,094 --> 00:55:08,222
Those types of injuries
we generally see in children
875
00:55:08,389 --> 00:55:10,933
who are forced to perform oral sex.
876
00:55:11,142 --> 00:55:14,520
There's evidence of genital mutilation.
This is the cutting wound here
877
00:55:14,729 --> 00:55:16,772
and the red is the shaft of the penis.
878
00:55:16,981 --> 00:55:21,027
Cutting wounds, superficial cuts,
gouging-type injuries.
879
00:55:21,235 --> 00:55:23,904
Multiple superficial, interrupted cuts,
multiple cuts.
880
00:55:24,113 --> 00:55:25,573
Stab wounds and cutting wounds.
881
00:55:25,740 --> 00:55:29,118
The knife is being twisted
and the victim is moving.
882
00:55:29,327 --> 00:55:31,454
Gouging where the skin
has been pulled out.
883
00:55:31,662 --> 00:55:34,957
Gouging wounds, cutting wounds,
stab wounds.
884
00:55:35,166 --> 00:55:39,045
Skin is going to tear,
skin has just been pulled away, torn out.
885
00:55:40,504 --> 00:55:46,260
Those were the most horrifying
photographs that anyone could imagine.
886
00:55:46,469 --> 00:55:48,971
Those jurors were scared to death.
887
00:55:49,180 --> 00:55:55,227
He is painting the picture in jury's minds
of an absolutely horrific murder.
888
00:55:55,436 --> 00:55:56,562
Cruel and unusual.
889
00:55:57,605 --> 00:56:00,775
It's what the jury hears coming out
of Frank Peretti's mouth
890
00:56:00,983 --> 00:56:05,863
more than anything that sentences
Damien Echols to death.
891
00:56:06,030 --> 00:56:07,865
We took our lead from Peretti himself,
892
00:56:08,032 --> 00:56:11,869
because during the trial he holds up
this textbook on forensic pathology.
893
00:56:12,078 --> 00:56:16,290
And it's written by Vincent DiMaio, who
is a renowned medical examiner in Texas.
894
00:56:16,499 --> 00:56:21,003
I believe you indicated that
Dr. DiMaio and you are on a first-name basis.
895
00:56:21,212 --> 00:56:22,463
Yes, I did.
896
00:56:22,671 --> 00:56:25,800
And so we went to DiMaio himself.
897
00:56:28,511 --> 00:56:34,975
The thing that's most interesting
in this case is that while the autopsies
898
00:56:35,184 --> 00:56:38,604
are done in exquisite detail,
899
00:56:38,813 --> 00:56:45,778
to me, the interpretation of the findings
are completely wrong.
900
00:56:46,821 --> 00:56:52,493
There is nothing here
that I would say was due to a knife.
901
00:56:52,660 --> 00:56:57,957
Either the cutting edge,
the tip or the back of a knife.
902
00:56:58,124 --> 00:57:01,794
If you think about how stupid it is,
they're saying they're killing these kids.
903
00:57:02,002 --> 00:57:07,383
And, you know, dragging the back
of a knife across them.
904
00:57:08,092 --> 00:57:10,177
When I looked at the photographs,
905
00:57:10,386 --> 00:57:13,931
it's obvious that by the appearance
of the wounds,
906
00:57:14,140 --> 00:57:16,142
they had occurred after death.
907
00:57:17,143 --> 00:57:22,523
If you're gonna torture and mutilate
someone, that's to cause pain to them.
908
00:57:23,023 --> 00:57:25,568
But these wounds are postmortem,
909
00:57:25,776 --> 00:57:30,156
so why are you torturing
and mutilating dead bodies?
910
00:57:30,364 --> 00:57:31,991
It doesn't make sense.
911
00:57:32,199 --> 00:57:35,619
The irregular nature of the wounds,
some scratches.
912
00:57:35,828 --> 00:57:39,582
There's no bleeding, there's no pattern.
913
00:57:39,790 --> 00:57:43,335
To me, it's obvious animal activity.
914
00:57:44,962 --> 00:57:49,008
We actually called the place
back there we used to ride our bikes.
915
00:57:49,216 --> 00:57:53,804
Turtle City. That's just behind there,
because there were so many turtles.
916
00:57:53,971 --> 00:57:55,598
Everywhere, hundreds of them.
917
00:57:55,806 --> 00:57:59,643
Painted turtles, snapping turtles,
soft-shell turtles, all kinds of turtles.
918
00:57:59,852 --> 00:58:04,440
And they actually got such thing
called the alligator snapping turtle
919
00:58:04,607 --> 00:58:07,109
that could be found. I mean...
920
00:58:07,276 --> 00:58:10,237
Big turtles with humps in their back.
921
00:58:10,404 --> 00:58:12,823
That make them look
kind of like alligators.
922
00:58:13,032 --> 00:58:16,494
Our house was up against
a ditch, so we would go back.
923
00:58:16,660 --> 00:58:20,206
There was a lot of them there,
turtles, fish and mud.
924
00:58:20,372 --> 00:58:23,667
You'd see an armadillo that fell
in the water or got hit by a car,
925
00:58:23,876 --> 00:58:27,338
and there'd be like four or five turtles
just chewing on it.
926
00:58:27,546 --> 00:58:33,052
Red flags should go up when
a body is pulled from the water.
927
00:58:34,845 --> 00:58:37,640
Especially in the month of May.
928
00:58:37,848 --> 00:58:40,142
At that latitude,
those reptiles are in high gear.
929
00:58:40,351 --> 00:58:45,105
They're feeding at their highest level,
their most voracious appetites.
930
00:58:52,613 --> 00:58:54,406
Just keep going, keep going.
931
00:58:57,576 --> 00:59:00,829
This is the bite mark I'm looking for.
932
00:59:05,543 --> 00:59:08,712
You can already start to see
the outline of the jaw.
933
00:59:17,555 --> 00:59:20,975
The animals usually
start with soft tissue.
934
00:59:23,143 --> 00:59:27,773
And the scrotum and the skin around
the penis is soft and they're coming off,
935
00:59:27,982 --> 00:59:32,653
so the animal doesn't have to
go against the body mass itself,
936
00:59:32,861 --> 00:59:35,698
but goes at the things
that are dangled in front of it.
937
00:59:40,494 --> 00:59:46,875
And then they'll go to things like lips
and the tip of the nose and the ears.
938
00:59:52,673 --> 00:59:57,011
What you're dealing with
is a horrendous crime.
939
00:59:57,219 --> 01:00:02,182
Three young boys
murdered in cold blood.
940
01:00:02,391 --> 01:00:05,185
Just that alone upsets people.
941
01:00:05,394 --> 01:00:10,858
You look at the bodies and there's
these savage injuries all over.
942
01:00:11,066 --> 01:00:18,032
It affects people emotionally
and it warps their judgment.
943
01:00:20,326 --> 01:00:25,080
And then someone says,
"Maybe it's Satanic!"
944
01:00:25,289 --> 01:00:29,835
And they say, "Well, the only type
of person who would do this"
945
01:00:30,044 --> 01:00:33,255
would be someone like that."
946
01:00:33,464 --> 01:00:35,549
We didn't want just one opinion.
947
01:00:35,716 --> 01:00:38,302
We thought the best thing to do
was basically to get
948
01:00:38,469 --> 01:00:42,389
six or seven of the very best people,
get a wide range of views.
949
01:00:42,598 --> 01:00:46,685
Every single one of the independent
experts that we approached
950
01:00:46,894 --> 01:00:49,647
came out with the same findings.
951
01:00:49,855 --> 01:00:53,192
There's no evidence that these
injuries occurred while they were alive.
952
01:00:53,400 --> 01:00:57,988
There's no evidence that,
as the medical examiner testified,
953
01:00:58,197 --> 01:01:03,285
they were sexually assaulted,
pulled up by the ears, fellatio involved.
954
01:01:03,452 --> 01:01:06,789
The problem is bad science
drives out good science.
955
01:01:06,997 --> 01:01:10,626
You don't have to be a rocket scientist
or a forensic dentist
956
01:01:10,793 --> 01:01:14,588
to look at that serrations on the back
of that knife and say
957
01:01:14,797 --> 01:01:17,925
that that knife made these marks.
I mean, give me a break.
958
01:01:18,133 --> 01:01:21,970
That is the most ridiculous Statement
that I've ever heard.
959
01:01:22,179 --> 01:01:25,432
And to sell that to a jury
is unconscionable.
960
01:01:25,599 --> 01:01:30,729
We flew several of these
forensic pathologists down to Arkansas
961
01:01:30,938 --> 01:01:33,607
to meet with Dr. Peretti face-to-face.
962
01:01:33,816 --> 01:01:37,319
Dr. Peretti listened patiently
and nodded his head.
963
01:01:37,528 --> 01:01:39,321
And said he would consider all this.
964
01:01:39,488 --> 01:01:42,658
But he'd concluded that this couldn't
have been caused by a turtle,
965
01:01:42,825 --> 01:01:44,910
and that's kind of where
he drew his line.
966
01:01:45,119 --> 01:01:47,079
Now here all this
information comes in.
967
01:01:47,287 --> 01:01:49,915
I start seeing a totally
different kind of situation.
968
01:01:50,124 --> 01:01:51,917
This is not a lust murder
969
01:01:52,126 --> 01:01:56,046
where the killer is going after
the genital areas of the victim.
970
01:01:56,255 --> 01:02:00,718
This is what's starting to develop to me
as a personal-cause homicide
971
01:02:00,926 --> 01:02:05,305
directed at these children, but maybe
one more than... More than others.
972
01:02:06,223 --> 01:02:08,934
In all probability this person
would have been interviewed.
973
01:02:09,143 --> 01:02:12,229
Should have been by now,
because he would be the logical person.
974
01:02:12,438 --> 01:02:15,065
There's a connection with the victims.
975
01:02:19,820 --> 01:02:23,532
The person who killed those three kids
is still out there walking on the street.
976
01:02:23,741 --> 01:02:27,661
To me, that would seem like
the highest priority. Not this case.
977
01:02:27,870 --> 01:02:31,039
Not me, Jason or Jessie.
You know, don't get me wrong,
978
01:02:31,248 --> 01:02:33,751
we're thankful for the support
that people give us.
979
01:02:34,543 --> 01:02:37,004
But the main thing
I would be thinking about
980
01:02:37,171 --> 01:02:42,217
is there's someone who killed three kids
still living in my neighborhood.
981
01:02:44,845 --> 01:02:47,598
If you disregard the
State's Satanic ritual theory,
982
01:02:47,806 --> 01:02:51,268
the entire nature
of the crime changes.
983
01:02:51,477 --> 01:02:56,982
It starts you thinking, "Well, maybe we're
not looking for these extreme suspects."
984
01:02:57,191 --> 01:03:02,237
We're looking for someone
who's kind of ordinary, invisible."
985
01:03:03,447 --> 01:03:08,243
So at that point we thought we should
put more funding into the DNA testing.
986
01:03:08,452 --> 01:03:11,747
We're getting packages and
shipments of all sorts of DNA samples
987
01:03:11,955 --> 01:03:15,667
that we're then forwarding
on to our DNA expert.
988
01:03:15,876 --> 01:03:18,504
Out there was a
process that was going on
989
01:03:18,712 --> 01:03:22,257
that either would be the impetus
for exoneration
990
01:03:23,050 --> 01:03:25,928
or would be the State's last chance
991
01:03:26,136 --> 01:03:30,849
to demonstrate in this highly controversial
case that he was good for it.
992
01:03:31,558 --> 01:03:33,393
And Damien's reaction to that was
993
01:03:33,602 --> 01:03:38,065
that he was absolutely adamant
about the DNA testing.
994
01:03:38,857 --> 01:03:42,694
Of all the samples and all the
various hairs and things that got tested,
995
01:03:42,903 --> 01:03:46,949
there was nothing,
none of the DNA came back.
996
01:03:47,157 --> 01:03:49,785
Nothing matched Damien,
Jason or Jessie.
997
01:03:51,912 --> 01:03:55,415
What was interesting, however,
were some unknown hairs.
998
01:03:55,624 --> 01:03:57,376
There was one hair in particular
999
01:03:57,543 --> 01:04:01,046
that was in the binding
of one of the ligatures.
1000
01:04:01,713 --> 01:04:03,882
The boys had their hands
tied with shoelaces,
1001
01:04:04,091 --> 01:04:07,261
and right in the middle of a knot
that had been tightened,
1002
01:04:07,469 --> 01:04:09,346
there was a hair jammed
in that knot.
1003
01:04:09,555 --> 01:04:14,643
Had the hair been located anywhere
other than inside a ligature binding,
1004
01:04:14,852 --> 01:04:18,856
I would say, you know,
it's not as significant as it could be.
1005
01:04:19,022 --> 01:04:22,943
But given its location, I think
it's particularly damning evidence.
1006
01:04:23,110 --> 01:04:26,697
The hair tied into Michael Moore's
ligature had to come from somebody.
1007
01:04:26,905 --> 01:04:30,576
So over Christmas, 2006,
we studied John Douglas's report
1008
01:04:30,742 --> 01:04:34,371
and started to think about
who that foreign profile could belong to.
1009
01:04:34,538 --> 01:04:39,251
"This crime was not nearly
so convoluted nor as twisted"
1010
01:04:39,418 --> 01:04:41,378
as the public were led to believe.
1011
01:04:41,545 --> 01:04:45,424
John Douglas said that this
is most likely a personal-cause killing.
1012
01:04:45,591 --> 01:04:48,635
That is to say, the perpetrator knew
one or more of the victims
1013
01:04:48,844 --> 01:04:53,682
and had good reason, at least
in his own mind, to act out violently.
1014
01:04:53,891 --> 01:04:56,560
We know the boys were bashed
on the head, tied up,
1015
01:04:56,768 --> 01:04:59,104
"and thrown into the drainage ditch."
1016
01:04:59,313 --> 01:05:02,858
The children were submerged in water,
which is an unnecessary act
1017
01:05:03,025 --> 01:05:05,319
if you're a total...
You know, total stranger.
1018
01:05:05,485 --> 01:05:09,698
And an unnecessary act to throw
the bicycles into the bayou.
1019
01:05:09,907 --> 01:05:14,077
"We know that all of this could have
happened in the space of just 2O minutes."
1020
01:05:14,286 --> 01:05:16,455
It almost certainly happened
before dark,
1021
01:05:16,663 --> 01:05:20,292
which means the crime in all likelihood
occurred between the hours
1022
01:05:20,500 --> 01:05:24,171
of 6:30 and 7:45 p.m.
1023
01:05:24,379 --> 01:05:27,132
Who knew these boys
well enough to kill them?
1024
01:05:27,341 --> 01:05:29,009
Who was out looking for them?
1025
01:05:29,176 --> 01:05:32,638
From where I stand we are pretty much
left with a list of three people.
1026
01:05:32,846 --> 01:05:37,225
Mark Byers, Terry Hobbs,
and Todd Moore.
1027
01:05:38,143 --> 01:05:41,563
Mark Byers began looking
for Chris from 6 p.m.
1028
01:05:42,356 --> 01:05:45,859
Terry Hobbs was looking
for Stevie Branch from 5 p.m.
1029
01:05:46,026 --> 01:05:48,111
Todd Moore was out of town.
1030
01:05:48,320 --> 01:05:50,197
We're left with two stepfathers.
1031
01:05:50,405 --> 01:05:53,867
But only one of them has ever been
scrutinized as a suspect.
1032
01:05:54,076 --> 01:05:58,163
Byers once referred to himself
as the giant red herring of this case,
1033
01:05:58,372 --> 01:06:01,124
and I think
he was speaking the truth.
1034
01:06:01,333 --> 01:06:04,503
That is why I am interested
in Terry Hobbs.
1035
01:06:05,671 --> 01:06:07,965
Hope this helps to explain
where I'm coming from.
1036
01:06:08,173 --> 01:06:11,176
"Sending much love to you, Fran."
1037
01:06:12,678 --> 01:06:15,639
We were working with a
private investigator, Rachael Geiser,
1038
01:06:15,847 --> 01:06:18,433
and we asked Rachael
to start to investigate Terry.
1039
01:06:19,935 --> 01:06:23,438
I'd come in to work daily,
and I would have
1040
01:06:23,605 --> 01:06:26,108
all of these e-mails from Fran about:
1041
01:06:26,274 --> 01:06:28,777
"Here's what we need to do,
thanks for what you sent."
1042
01:06:28,944 --> 01:06:31,279
We really didn't know
a whole lot about Stevie
1043
01:06:31,488 --> 01:06:33,865
because Stevie's life
was kind of confusing.
1044
01:06:34,074 --> 01:06:37,995
These are the
photographs of Steven Branch.
1045
01:06:38,203 --> 01:06:42,582
You had his father,
Stevie, his biological father.
1046
01:06:42,749 --> 01:06:43,959
Here we can see...
1047
01:06:44,126 --> 01:06:46,461
You had Pam, and then you had Terry.
1048
01:06:46,670 --> 01:06:51,425
Other than the fact that nothing's there,
there's nothing that would raise any flags.
1049
01:06:51,633 --> 01:06:54,761
And so getting Terry's
DNA became a priority for us now,
1050
01:06:54,970 --> 01:07:00,726
and the brief to Rachael was really
get Terry's DNA without him knowing.
1051
01:07:03,395 --> 01:07:05,731
Saturday morning, it
was raining out, I remember,
1052
01:07:05,897 --> 01:07:07,733
and we showed up
at his house early,
1053
01:07:07,899 --> 01:07:11,445
and he opened the door,
and we told him who we were.
1054
01:07:11,653 --> 01:07:13,447
He said,
"I've been expecting y'all."
1055
01:07:13,655 --> 01:07:16,199
I'll never forget it, he was like,
"Come on in."
1056
01:07:16,408 --> 01:07:19,745
I remember we sat there with him
for a while, and he, you know...
1057
01:07:19,953 --> 01:07:22,706
He was a likable-enough guy,
he really was.
1058
01:07:22,914 --> 01:07:25,542
He talked about their life
and how their life was.
1059
01:07:25,751 --> 01:07:29,296
He didn't talk a whole lot about Pam.
I think they were fighting at the time.
1060
01:07:29,504 --> 01:07:32,716
And he didn't talk, really,
about Amanda at all.
1061
01:07:32,883 --> 01:07:35,260
He interviewed with us,
told us where he was.
1062
01:07:35,427 --> 01:07:39,097
He said that was the first time
he'd ever told anyone his whereabouts.
1063
01:07:39,306 --> 01:07:42,684
So we waited in the living room
while he was in the bathroom, I assume,
1064
01:07:42,893 --> 01:07:47,522
and that's when I took the cigarette
butts out of the ashtray. Yeah.
1065
01:07:48,440 --> 01:07:51,234
We got the fax,
and I'm reading the fax,
1066
01:07:51,443 --> 01:07:56,740
and I'm reading the fax,
and at some point I said, "Holy fuck."
1067
01:07:58,200 --> 01:08:04,164
We all were just kind of stunned to see
this very dramatic DNA result.
1068
01:08:05,749 --> 01:08:08,627
Terry comes in, sits down,
and we tell him, you know...
1069
01:08:08,835 --> 01:08:12,297
The DNA that was found
on the hair doesn't match.
1070
01:08:12,506 --> 01:08:14,966
Damien or Jason or Jessie.
1071
01:08:15,175 --> 01:08:19,846
So it's somebody else's DNA.
They don't know whose?
1072
01:08:21,932 --> 01:08:23,767
Tell me. Yours.
1073
01:08:23,975 --> 01:08:26,561
No. Yes, it is.
1074
01:08:26,770 --> 01:08:28,271
No, that's wrong.
1075
01:08:28,438 --> 01:08:33,276
We had to get him to come in because we
knew that he didn't voluntarily give us this DNA.
1076
01:08:33,443 --> 01:08:36,530
We wanted to get either a voluntary
sample or we need to see him
1077
01:08:36,738 --> 01:08:40,700
do something, you know,
that would have left his DNA.
1078
01:08:40,909 --> 01:08:45,789
Terry Hobbs would not, at any point,
give me his DNA voluntarily, no.
1079
01:08:46,248 --> 01:08:48,875
The biggest bombshell
of the new defense investigation
1080
01:08:49,084 --> 01:08:52,879
is that an unexplained hair that could
be from another victim's stepfather
1081
01:08:53,088 --> 01:08:55,423
was found on shoelaces
at the crime scene.
1082
01:08:55,632 --> 01:08:58,969
They say the DNA matches victim
Stevie Branch's stepfather, Terry Hobbs.
1083
01:08:59,177 --> 01:09:02,013
Hobbs tells me tonight, quote,
"I don't have anything to hide.
1084
01:09:02,180 --> 01:09:03,431
I'll answer any questions."
1085
01:09:03,640 --> 01:09:08,728
Mr. Hobbs, do you feel like the attorneys
are accusing you of this crime?
1086
01:09:08,937 --> 01:09:10,522
The answer to that would be no.
1087
01:09:10,730 --> 01:09:14,067
Is it possible, Mr. Hobbs,
that that was your hair?
1088
01:09:14,276 --> 01:09:20,615
Sure, it was his son, Steven Branch,
1089
01:09:20,782 --> 01:09:25,954
who was murdered, and he's had
to deal with this for the last 15 years.
1090
01:09:40,135 --> 01:09:43,972
The first tattoos I
got was my parents' name...
1091
01:09:45,765 --> 01:09:49,227
because I love them
more than anything in the world.
1092
01:09:49,436 --> 01:09:53,315
I've abused drugs for many years
and I'm only 21
1093
01:09:53,523 --> 01:09:56,359
and I feel like it's because
I'm trying to hide.
1094
01:09:56,526 --> 01:10:00,572
I did it to suppress something,
to cover something up.
1095
01:10:00,780 --> 01:10:03,366
And where are your kids
during this time, at your mom's?
1096
01:10:03,533 --> 01:10:06,328
Mm-hm. They live with my mom.
1097
01:10:06,536 --> 01:10:10,624
And so why don't you stay
with your mom?
1098
01:10:10,832 --> 01:10:12,375
She thinks I'm too wild.
1099
01:10:13,084 --> 01:10:16,463
So she says, "You can't stay here
because you're too wild"?
1100
01:10:18,798 --> 01:10:21,426
And I'm hung out on a limb.
1101
01:10:21,635 --> 01:10:24,012
What's that mean,
you're hung out on a limb?
1102
01:10:24,221 --> 01:10:29,517
That I'm going crazy the way
she did when Stevie died.
1103
01:10:35,523 --> 01:10:38,193
Once Terry Hobbs surfaced,
it certainly advanced things.
1104
01:10:38,401 --> 01:10:40,070
It helped shift the momentum.
1105
01:10:41,279 --> 01:10:43,406
The West Memphis
Police Department realized
1106
01:10:43,615 --> 01:10:45,909
that they had never actually
interviewed him,
1107
01:10:46,117 --> 01:10:49,704
despite the fact that he was
a stepfather of one of the victims.
1108
01:10:50,372 --> 01:10:55,293
They quickly conducted an interview
with Terry Hobbs in 2007.
1109
01:10:55,502 --> 01:10:58,338
Anything unusual
when you got home, at all?
1110
01:10:58,546 --> 01:11:00,715
Nothing other than, uh,
Stevie wasn't home.
1111
01:11:00,924 --> 01:11:05,220
Terry Hobbs said to everyone
that he was very concerned
1112
01:11:05,387 --> 01:11:08,598
when Stevie Branch didn't
come home at 4:30 that night.
1113
01:11:08,807 --> 01:11:14,104
If he was so worried at 4:30,
why didn't he call Stevie's mom?
1114
01:11:14,312 --> 01:11:19,943
When he does finally tell her,
9:00, almost five hours later.
1115
01:11:20,151 --> 01:11:25,073
This person knows that he will be
a logical suspect at some point,
1116
01:11:25,282 --> 01:11:27,701
but what he needs,
he needs time on his hands.
1117
01:11:27,909 --> 01:11:29,744
He needs to establish an alibi.
1118
01:11:29,953 --> 01:11:32,122
We studied his movements that night.
1119
01:11:32,330 --> 01:11:35,834
He had spent some period of time
on the evening of May the 5th
1120
01:11:36,042 --> 01:11:38,670
in the house of David Jacoby,
who was a friend of his.
1121
01:11:38,878 --> 01:11:41,423
And I asked David, I said,
"Would you go help me?"
1122
01:11:41,631 --> 01:11:45,635
He was with me probably
2:00 or 3:00 in the morning.
1123
01:11:45,844 --> 01:11:47,012
May the 6th.
1124
01:11:47,220 --> 01:11:50,015
Jacoby here is kind of a witness.
1125
01:11:50,223 --> 01:11:53,685
He never had this window of opportunity
to perpetrate a crime like that
1126
01:11:53,893 --> 01:11:57,314
because he was with him
for such a long period of time.
1127
01:11:58,106 --> 01:12:02,402
We got a sample of David
Jacoby's DNA voluntarily...
1128
01:12:04,696 --> 01:12:07,490
and the analysis came back to say
that another hair
1129
01:12:07,657 --> 01:12:11,202
that was found on a tree stump by
the ditch where the bodies were found
1130
01:12:11,369 --> 01:12:15,206
was consistent
with David Jacoby's DNA.
1131
01:12:16,541 --> 01:12:19,294
I wasn't even aware that
he went to David Jacoby's.
1132
01:12:19,502 --> 01:12:24,049
According to Terry, he was walking the
streets and searching the whole night.
1133
01:12:24,257 --> 01:12:28,094
So that was news to me
when I found out.
1134
01:12:28,595 --> 01:12:31,348
Is there anything you can think
of that we hadn't gone over?
1135
01:12:31,514 --> 01:12:34,517
That we hadn't asked, something
you remembered through the years?
1136
01:12:34,684 --> 01:12:37,854
You'd thought they would do a
meaningful interview with Terry Hobbs.
1137
01:12:38,063 --> 01:12:41,441
It was as if they were sitting out
on the back porch just sharing a beer.
1138
01:12:41,608 --> 01:12:44,611
"We know you didn't
have much to do with this."
1139
01:12:44,778 --> 01:12:49,115
Just, you know, for old time's sake,
why don't you describe again
1140
01:12:49,282 --> 01:12:51,534
"how you didn't have anything
to do with this?"
1141
01:12:51,743 --> 01:12:54,704
It didn't have the atmosphere
of a serious interrogation at all.
1142
01:12:54,871 --> 01:13:00,043
You know, I don't know what happened
out there in them woods that night.
1143
01:13:00,210 --> 01:13:02,379
Mike Allen, the lead
investigator at the time,
1144
01:13:02,545 --> 01:13:04,672
and now the sheriff
of Crittenden County,
1145
01:13:04,839 --> 01:13:08,176
issued a Statement saying
Terry Hobbs was not a suspect then
1146
01:13:08,385 --> 01:13:10,345
and he's not a suspect now.
1147
01:13:10,553 --> 01:13:15,225
A question that has got to be asked
is that why have they so staunchly
1148
01:13:15,433 --> 01:13:19,187
refused to regard him
as a person of interest?
1149
01:13:19,354 --> 01:13:23,650
There.
Terry, appreciate it, man.
1150
01:13:27,946 --> 01:13:32,575
As we sit here today, there are
272 post-conviction DNA exonerations.
1151
01:13:32,784 --> 01:13:36,037
DNA is the essential element
to prove their innocence,
1152
01:13:36,246 --> 01:13:41,501
and these people have done
more than 3500 years in prison.
1153
01:13:41,709 --> 01:13:45,630
On the other hand,
there are many, many cases, urn,
1154
01:13:45,797 --> 01:13:49,551
where there's been DNA that's helpful,
as in the West Memphis Three case,
1155
01:13:49,759 --> 01:13:54,556
because it does shed light
on other suspects.
1156
01:13:54,764 --> 01:13:59,477
And it does put particular significance
on the absence of evidence.
1157
01:13:59,686 --> 01:14:02,439
There's an old phrase
in the forensic science business
1158
01:14:02,647 --> 01:14:06,276
that absence of evidence
is not evidence of absence.
1159
01:14:06,484 --> 01:14:08,069
Yeah, that's true.
1160
01:14:08,278 --> 01:14:11,322
On the other hand,
when you have DNA testing,
1161
01:14:11,531 --> 01:14:16,411
and you've gone through every piece
of trace evidence at a crime scene,
1162
01:14:16,619 --> 01:14:19,164
and you find nothing
that links the defendants
1163
01:14:19,372 --> 01:14:22,542
who have been convicted
to the crime, that is significant.
1164
01:14:24,669 --> 01:14:28,173
This may be Damien Echols'
final appeal at the State level.
1165
01:14:28,381 --> 01:14:31,926
If his arguments are denied,
the case then jumps into federal court.
1166
01:14:32,135 --> 01:14:35,138
A decision is expected
in about a week.
1167
01:14:35,305 --> 01:14:37,932
All the investigative
findings, the scientific results,
1168
01:14:38,141 --> 01:14:43,938
including the DNA, all of that is going
to be presented to Judge Burnett.
1169
01:14:44,147 --> 01:14:50,111
Finally, Judge Burnett can consider
this case with all this new information
1170
01:14:50,320 --> 01:14:54,657
that wasn't available to him
or the prosecution back in 1994.
1171
01:14:54,866 --> 01:14:58,119
And so we were looking forward
to having him reevaluate the case.
1172
01:14:58,328 --> 01:15:01,372
We really had high hopes.
1173
01:15:02,165 --> 01:15:06,669
We wanted to give the attorney
general some sense that it was coming.
1174
01:15:06,878 --> 01:15:09,047
We told him that there'd be
these DNA results
1175
01:15:09,255 --> 01:15:10,965
and we got into a discussion.
1176
01:15:11,174 --> 01:15:13,384
What would you have
to show to get a new trial?
1177
01:15:13,551 --> 01:15:18,640
And there was a point of laughter
where one of them said:
1178
01:15:18,848 --> 01:15:22,268
"We're gonna set this bar
as high as we possibly can."
1179
01:15:22,477 --> 01:15:25,313
Which is to say, we're gonna try
and get a court to rule
1180
01:15:25,522 --> 01:15:32,278
"that it is really impossible to ever win
under the Arkansas DNA statute."
1181
01:15:37,408 --> 01:15:42,789
People ask us what we're gonna do
whenever I'm out, when we're together.
1182
01:15:42,956 --> 01:15:45,792
And we do talk about that. Um...
1183
01:15:46,417 --> 01:15:50,505
For Lorri and I, life isn't something that
will happen one day down the road.
1184
01:15:50,713 --> 01:15:53,132
You know, we're together now, here.
1185
01:15:53,341 --> 01:15:56,636
We're not just in a State
of suspended animation, waiting.
1186
01:15:56,844 --> 01:15:59,556
He was 21, I guess, when I met him.
1187
01:15:59,764 --> 01:16:03,393
He hadn't yet really started studying
at that point, so it was kind of funny.
1188
01:16:03,601 --> 01:16:07,355
You know, I was in a different place
in my life, and... But now,
1189
01:16:07,564 --> 01:16:10,942
I mean, I would ask him for advice
before I would ask anybody.
1190
01:16:12,402 --> 01:16:18,533
I send him a lot of used books,
and it is really fascinating to look at.
1191
01:16:18,741 --> 01:16:22,912
Because when I'm reading a book
or when he's reading,
1192
01:16:23,079 --> 01:16:25,915
then we're going through...
As everyone does in their life.
1193
01:16:26,082 --> 01:16:27,917
You're going through
specific things.
1194
01:16:29,085 --> 01:16:32,922
You have 90 seconds left on this call.
1195
01:16:33,131 --> 01:16:36,759
Uh, I don't normally read a lot of fiction anymore.
I haven't for several years,
1196
01:16:36,968 --> 01:16:39,095
but a couple of days ago,
1197
01:16:39,304 --> 01:16:41,347
someone sent me
the new Stephen King book.
1198
01:16:41,556 --> 01:16:45,351
You know, I started reading his books
when I was probably 10 or 11 years old.
1199
01:16:46,185 --> 01:16:49,105
People have always
undervalued him.
1200
01:16:49,314 --> 01:16:52,442
You know,
they look at him as this, um, hack.
1201
01:16:52,650 --> 01:16:56,487
This hack writer who churns out
horror novels.
1202
01:16:56,696 --> 01:16:59,741
In all of his books at the end,
he always addresses the reader.
1203
01:16:59,949 --> 01:17:03,369
You know, he thanks you for going on
this voyage with him,
1204
01:17:03,578 --> 01:17:05,997
and so I wanted to read it to you.
1205
01:17:06,205 --> 01:17:09,375
"All right, I think we've been down here
in the dark long enough."
1206
01:17:09,584 --> 01:17:12,045
There's a whole other world upstairs.
1207
01:17:12,253 --> 01:17:13,755
Take my hand, constant reader,
1208
01:17:13,963 --> 01:17:16,966
and I'll be happy to lead you
back into the sunshine.
1209
01:17:18,426 --> 01:17:22,597
I'm happy to go there because I believe
most people are essentially good.
1210
01:17:22,805 --> 01:17:24,974
I know that I am.
1211
01:17:25,183 --> 01:17:28,227
"It's you I'm not entirely sure of."
1212
01:17:33,024 --> 01:17:35,151
A judge says no to new trial.
1213
01:17:35,360 --> 01:17:40,198
Judge Burnett made it clear that
the DNA evidence isn't enough for a new trial
1214
01:17:40,365 --> 01:17:43,034
or to overturn the conviction.
1215
01:17:43,201 --> 01:17:45,244
David Burnett wouldn't hear
the new evidence.
1216
01:17:45,411 --> 01:17:47,747
He complete...
He denied it without even hearing it.
1217
01:17:49,415 --> 01:17:54,212
What can you do? I mean, in our minds,
we started to entertain the idea
1218
01:17:54,420 --> 01:17:56,798
that Damien might be executed.
1219
01:17:57,006 --> 01:18:02,136
My life would have been a lot simpler
if I hadn't been involved in that case.
1220
01:18:02,345 --> 01:18:07,975
I had to fiddle with it for 18 years
and get beaten over the head by folks
1221
01:18:08,184 --> 01:18:10,645
that were opposed to what happened.
1222
01:18:10,853 --> 01:18:14,816
But I didn't pick and choose,
I just took what came down the pipe.
1223
01:18:15,024 --> 01:18:18,486
It's not unusual
for post-conviction motions
1224
01:18:18,653 --> 01:18:21,864
to be made in front of the judge
that originally heard the trial.
1225
01:18:22,031 --> 01:18:25,201
The theory behind that is the judge
who originally heard the trial
1226
01:18:25,368 --> 01:18:27,120
saw all the witnesses testify
1227
01:18:27,328 --> 01:18:30,081
and is in the best position
to evaluate the new evidence.
1228
01:18:30,289 --> 01:18:37,296
But all of us are victims of bias that
we don't even understand or know,
1229
01:18:37,505 --> 01:18:40,383
and sometimes you have
to abandon hypotheses
1230
01:18:40,591 --> 01:18:42,677
that you've relied on in the past
1231
01:18:42,885 --> 01:18:46,097
and try to freshly evaluate
the evidence.
1232
01:18:46,305 --> 01:18:51,269
All of this hoop-de-la about
newly discovered evidence.
1233
01:18:51,477 --> 01:18:53,438
There is no
newly discovered evidence.
1234
01:18:53,646 --> 01:18:59,944
All of the evidence that was found
originally at the trial scene.
1235
01:19:05,074 --> 01:19:07,660
Judge David Burnett finally
decides to stand for Senate.
1236
01:19:08,244 --> 01:19:10,413
We hoped like hell
that he would get elected.
1237
01:19:10,580 --> 01:19:12,457
Because once he was elected
to Senate,
1238
01:19:12,623 --> 01:19:15,543
he was unable to have anything
to do with this case anymore.
1239
01:19:19,088 --> 01:19:22,383
So Judge Burnett
heard what he heard,
1240
01:19:22,592 --> 01:19:25,303
and he and his jury
made their decision.
1241
01:19:25,511 --> 01:19:29,223
It was up to people from all over
the world, and that would be you.
1242
01:19:29,432 --> 01:19:31,267
And the people next to you
right now,
1243
01:19:31,434 --> 01:19:35,772
coming together to make
some real justice happen.
1244
01:19:37,148 --> 01:19:40,067
I would like to read something
to you guys.
1245
01:19:42,570 --> 01:19:47,658
"I can't remember what it's like to walk
as a human being anymore."
1246
01:19:47,867 --> 01:19:51,996
It's been well over 16 years since
I've actually walked anywhere.
1247
01:19:53,664 --> 01:19:55,333
There are times when I've thought,
1248
01:19:55,917 --> 01:20:00,922
surely, someone is gonna put
a stop to this.
1249
01:20:01,130 --> 01:20:04,383
Oh, well, it does no good
to dwell on it.
1250
01:20:04,592 --> 01:20:09,514
Either I waste my energy by focusing
on things I cannot change,
1251
01:20:09,722 --> 01:20:14,685
"or I conserve my energy, and
apply it to small things I can change."
1252
01:20:14,894 --> 01:20:19,899
Each small thing connects
to make a great, big thing.
1253
01:20:20,066 --> 01:20:23,861
And that big thing is
to bring those boys back home.
1254
01:20:24,070 --> 01:20:25,905
This is something
I came across today
1255
01:20:26,072 --> 01:20:30,284
and it's just a small paragraph of one
of Damien's letters from this February.
1256
01:20:31,327 --> 01:20:37,500
"The thing I like most about time is that
it's not real. It's all in the head."
1257
01:20:37,667 --> 01:20:42,588
There's no such thing as the past,
it exists only in the memory.
1258
01:20:42,797 --> 01:20:47,093
There's no such thing as the future,
it exists only in our imagination.
1259
01:20:47,301 --> 01:20:51,806
If our watches were truly accurate,
the only thing they would ever say
1260
01:20:52,014 --> 01:20:54,600
is 'now."'
1261
01:20:57,270 --> 01:20:59,730
And that's what time it is. Now.
1262
01:21:00,773 --> 01:21:03,192
♪ Come gather 'round, people ♪
1263
01:21:03,359 --> 01:21:06,237
♪ Wherever you roam ♪
1264
01:21:07,905 --> 01:21:10,241
♪ And admit that the waters ♪
1265
01:21:10,408 --> 01:21:12,785
♪ Around you have grown a'
1266
01:21:12,952 --> 01:21:16,706
♪ And accept that it soon
You'll be drenched to the bone r
1267
01:21:19,417 --> 01:21:23,796
♪ If your time to you
Is worth savin' I
1268
01:21:23,963 --> 01:21:28,467
♪ Then you better start swimmin'
Or you'll sink like a stone a'
1269
01:21:28,634 --> 01:21:33,890
r For the times
They are a-changin' a'
1270
01:21:40,354 --> 01:21:45,318
r Come senators, congressmen
Please heed the call 4'
1271
01:21:47,987 --> 01:21:52,491
♪ Don't stand in the doorway
Don't block up the hall a'
1272
01:21:52,658 --> 01:21:57,455
♪ For he who gets hurt
Will be he who has stalled a'
1273
01:21:58,915 --> 01:22:03,794
♪ There's a battle outside
And it's ragin' a'
1274
01:22:03,961 --> 01:22:08,382
♪ It'll soon shake your windows
And rattle your walls a'
1275
01:22:08,549 --> 01:22:14,138
♪ Oh, the times
They are a-changin' N
1276
01:22:20,978 --> 01:22:24,065
One day, I get a phone call
from my manager
1277
01:22:24,231 --> 01:22:26,651
saying Terry Hobbs is suing me.
1278
01:22:26,817 --> 01:22:29,904
"Dearest Lorri, are the
Dixie Chicks fighting this?"
1279
01:22:30,112 --> 01:22:33,407
This is a great opportunity to give
Terry Hobbs his day in court,
1280
01:22:33,616 --> 01:22:36,953
"get all the facts out in the open
and let a jury decide."
1281
01:22:37,161 --> 01:22:39,246
You swear to tell nothing but the truth,
1282
01:22:39,455 --> 01:22:42,083
so help you God? I do.
1283
01:22:42,249 --> 01:22:44,335
State your name for the record, sir.
1284
01:22:44,502 --> 01:22:45,503
Terry Hobbs.
1285
01:22:45,670 --> 01:22:47,271
You can put your hand down now.
1286
01:22:47,380 --> 01:22:50,466
Could you tell the ladies and gentlemen
why you sued my client?
1287
01:22:50,633 --> 01:22:57,556
All of the emotions, distress,
the anger.
1288
01:23:00,685 --> 01:23:02,325
That her Statements caused you'?
1289
01:23:02,395 --> 01:23:04,105
Correct.
1290
01:23:04,271 --> 01:23:09,860
I didn't say anything about him. I had no
intentions of finger-pointing at Terry Hobbs.
1291
01:23:10,069 --> 01:23:13,072
I don't even know
that Terry Hobbs did it.
1292
01:23:13,239 --> 01:23:16,534
I sort of asked my attorney,
"Why would he be doing this?"
1293
01:23:16,742 --> 01:23:20,579
He was confident
that he was gonna win
1294
01:23:20,788 --> 01:23:23,582
and he was gonna get
millions of dollars.
1295
01:23:23,791 --> 01:23:25,751
I think he's gutsy.
1296
01:23:25,960 --> 01:23:30,423
He had to have been warned that if he
did that, he would have to be deposed,
1297
01:23:30,631 --> 01:23:33,175
which he was,
and have to answer questions.
1298
01:23:33,384 --> 01:23:35,469
We gave Natalie's
attorney, D'Lesli Davis,
1299
01:23:35,678 --> 01:23:39,849
access to our investigative files
on Terry, his background,
1300
01:23:40,057 --> 01:23:43,310
his relationship with Stevie.
And it enabled them to basically
1301
01:23:43,519 --> 01:23:47,648
sit him down
and to finally question him
1302
01:23:47,857 --> 01:23:52,903
in a way that he had never, ever been
questioned about this murder before.
1303
01:23:53,070 --> 01:23:58,451
Describe your reputation, other than just
"a good man." What else would it be?
1304
01:23:58,617 --> 01:24:03,247
A hard-working man, good dad,
good husband in the past.
1305
01:24:03,414 --> 01:24:04,790
Uh...
1306
01:24:04,957 --> 01:24:06,125
Pretty good man.
1307
01:24:06,333 --> 01:24:09,545
Are you an honest fellow?
I try my best.
1308
01:24:09,754 --> 01:24:12,715
Law-abiding man?
I do pretty good at it.
1309
01:24:14,508 --> 01:24:16,635
We started doing
background on Terry.
1310
01:24:16,844 --> 01:24:20,056
I went to Garland County because
I knew he had lived there before,
1311
01:24:20,264 --> 01:24:24,018
specifically to interview his ex-wife.
And it raised some flags at that point.
1312
01:24:32,610 --> 01:24:37,782
She told me he had gotten in trouble.
I went to the court records
1313
01:24:37,948 --> 01:24:41,702
in Garland County and was able to pull
that incident involving Mildred French.
1314
01:24:41,869 --> 01:24:46,540
Let me give you a minute to go through
the declaration of Mildred French.
1315
01:24:49,376 --> 01:24:51,128
All right.
Have you read it?
1316
01:24:51,337 --> 01:24:52,379
No, I'm not going to.
1317
01:24:52,588 --> 01:24:54,590
Why not?
It don't mean nothing to me.
1318
01:24:54,799 --> 01:24:57,927
Why doesn't it mean anything to you?
It just don't.
1319
01:24:58,135 --> 01:25:01,514
Mildred French was a neighbor of yours
back in the '80s, wasn't she?
1320
01:25:01,722 --> 01:25:03,349
I don't remember.
1321
01:25:04,683 --> 01:25:07,645
Paragraph number four, "On
one occasion I heard a baby crying"
1322
01:25:07,853 --> 01:25:12,608
and sounds that indicated to me that Terry
Hobbs was beating his wife and/or his child."
1323
01:25:12,775 --> 01:25:15,903
She kind of let out a cry,
1324
01:25:16,070 --> 01:25:18,239
and then I heard the baby.
1325
01:25:18,447 --> 01:25:20,074
"I ran next door to Terry's unit
1326
01:25:20,282 --> 01:25:22,576
and rang the bell
to Terry Hobbs' residence."
1327
01:25:22,743 --> 01:25:24,537
He said it was none of my business,
1328
01:25:24,745 --> 01:25:27,665
and I said, "I'm making it my business,
you do it again."
1329
01:25:27,873 --> 01:25:29,834
I said,
"Because I've heard you before."
1330
01:25:30,000 --> 01:25:31,760
Do you recall she was your neighbor?
1331
01:25:31,919 --> 01:25:33,129
Some old woman was.
1332
01:25:33,337 --> 01:25:35,673
"A few months later,
I worked outside in my yard.
1333
01:25:35,881 --> 01:25:39,343
I went inside my home to take a shower
and get cleaned up."
1334
01:25:39,552 --> 01:25:44,598
And I got out of the tub and when
I was reaching in to get the towel...
1335
01:25:44,807 --> 01:25:46,725
"Terry Hobbs, who had broken in
1336
01:25:46,934 --> 01:25:50,437
and somehow gotten upstairs
into my bathroom..."
1337
01:25:50,646 --> 01:25:54,358
I didn't see him come into the bathroom.
He just grabbed me on my breasts.
1338
01:25:54,567 --> 01:25:58,362
"I screamed at Terry loudly,
'What are you doing in my house?'".
1339
01:25:58,571 --> 01:26:01,657
And screamed, 'Get out!"'
He said, "Shh! Shh!"
1340
01:26:01,866 --> 01:26:04,952
"I kept repeating loudly."
"Get out of my house!"
1341
01:26:05,161 --> 01:26:09,290
"And ultimately Terry ran out of
my home and ran downstairs into his unit."
1342
01:26:09,498 --> 01:26:11,500
What is your recollection
of those events...?
1343
01:26:11,709 --> 01:26:13,586
I don't have any.
Let me finish.
1344
01:26:13,794 --> 01:26:17,089
What is your recollection of the reason
that the police were called
1345
01:26:17,298 --> 01:26:20,301
and those events that Ms. French
remembers so clearly?
1346
01:26:20,509 --> 01:26:21,760
I don't have any.
1347
01:26:21,969 --> 01:26:24,555
"I said to Terry,
'Tell them what you did to me.'."
1348
01:26:24,722 --> 01:26:28,517
Terry looked at me square in the eye
and said calmly, 'It never happened.'
1349
01:26:28,726 --> 01:26:33,063
I looked at Terry and told him,
'You are a liar and you are sick.
1350
01:26:33,272 --> 01:26:37,568
And I say, "You know, you're sick."
And he says, "Yeah, I'm sick."
1351
01:26:37,776 --> 01:26:40,487
I never did like him, I mean...
1352
01:26:40,654 --> 01:26:42,531
Even when Pam first married him,
1353
01:26:42,698 --> 01:26:46,660
.there was just always something.
He creeped me out.
1354
01:26:46,827 --> 01:26:48,537
Do you lose your temper very often?
1355
01:26:48,704 --> 01:26:49,914
No.
1356
01:26:50,122 --> 01:26:52,666
Pretty even-keeled guy?
Try to be.
1357
01:26:52,875 --> 01:26:54,793
He's got a look that's plum evil,
1358
01:26:55,419 --> 01:27:00,549
and when that look of evil comes
over him, you know, I know he's mad.
1359
01:27:00,716 --> 01:27:06,472
What... What's this?
It is a judgment
1360
01:27:06,680 --> 01:27:13,354
against one Terry W. Hobbs
for aggravated assault in '94,
1361
01:27:13,562 --> 01:27:16,941
in conjunction with the shooting
of your brother-in-law.
1362
01:27:17,149 --> 01:27:20,110
Is that your signature at the bottom
of the first page, sir?
1363
01:27:20,319 --> 01:27:21,904
It is.
1364
01:27:22,112 --> 01:27:27,117
He can snap into a nice guy
and a bad guy by a snap of a finger.
1365
01:27:27,326 --> 01:27:29,453
You did backhand Pam Hobbs
1366
01:27:29,620 --> 01:27:31,914
the night you ended up
shooting her brother,
1367
01:27:32,122 --> 01:27:33,374
correct? Okay.
1368
01:27:33,582 --> 01:27:35,584
Is that correct?
Yeah. All right.
1369
01:27:35,793 --> 01:27:36,835
Is that funny?
1370
01:27:37,044 --> 01:27:40,756
Well, it's... You get tired of talking
about it after a while.
1371
01:27:40,923 --> 01:27:44,009
I need, for the record, for you
to State under oath that you did
1372
01:27:44,176 --> 01:27:46,637
I did. Backhand Pam Hobbs.
1373
01:27:46,845 --> 01:27:49,139
It was over a jealousy of a woman.
1374
01:27:49,348 --> 01:27:51,976
I was just trying to get away
and calm down, cool off,
1375
01:27:52,184 --> 01:27:55,437
and come back home,
and he wouldn't let me have the keys.
1376
01:27:55,646 --> 01:27:57,982
So he punched me pretty hard
that day.
1377
01:27:58,190 --> 01:28:01,235
Were you jealous over the
attention that Pam gave to Stevie?
1378
01:28:01,402 --> 01:28:03,320
No. Did you compete with Stevie
1379
01:28:03,487 --> 01:28:05,447
for Pam's attention? No.
1380
01:28:05,656 --> 01:28:10,703
He had made a comment to his mom
that I paid more attention to my son
1381
01:28:10,911 --> 01:28:14,665
than I did, you know,
being a wife, so...
1382
01:28:16,208 --> 01:28:20,296
Stevie started talking to me
probably when he was about 6 years old,
1383
01:28:20,504 --> 01:28:23,340
and he wanted to know
if I could keep a secret.
1384
01:28:23,549 --> 01:28:27,303
And I told him, yeah, because we were
really... We were very, very close.
1385
01:28:27,511 --> 01:28:29,680
Kind of like, you know,
grew up together.
1386
01:28:29,888 --> 01:28:31,932
Because I was 8 years old
when he was born.
1387
01:28:32,141 --> 01:28:34,852
Daddy Terry, as he called him,
was mean to him.
1388
01:28:35,060 --> 01:28:38,105
And that he... He treated him
different than Amanda.
1389
01:28:40,983 --> 01:28:44,320
The very first thing he ever told me
is about how he would whup him.
1390
01:28:46,030 --> 01:28:47,990
Make him hold his hands up
in the air,
1391
01:28:48,198 --> 01:28:50,534
and he would hold him
by the hair of his head
1392
01:28:50,743 --> 01:28:52,077
while he was whupping him.
1393
01:28:52,244 --> 01:28:54,788
He'd hold their hands
in the air as he whipped them.
1394
01:28:54,955 --> 01:28:58,751
Sometimes when he whipped Stevie,
he would leave belt marks on him.
1395
01:28:58,959 --> 01:29:01,128
Is that true? No.
1396
01:29:01,337 --> 01:29:04,089
Is it true you whipped Stevie with a belt?
Yes.
1397
01:29:04,298 --> 01:29:07,885
Is it true that you whipped Stevie and
made him hold his hands up in the air?
1398
01:29:08,093 --> 01:29:09,887
I didn't want to hit him
on the hands.
1399
01:29:10,095 --> 01:29:11,805
So that's true? Yes.
1400
01:29:12,014 --> 01:29:14,725
The only thing that's not true
about paragraph number 1O
1401
01:29:14,933 --> 01:29:17,061
is that you would leave
belt marks on him?
1402
01:29:17,269 --> 01:29:18,312
Not that I recall.
1403
01:29:18,520 --> 01:29:22,358
Stevie had a belt mark on him,
and I asked Pam who whipped him.
1404
01:29:22,524 --> 01:29:24,777
I thought she had
and she said Terry did.
1405
01:29:24,943 --> 01:29:28,405
She didn't want to tell at first,
but she finally told me.
1406
01:29:28,864 --> 01:29:33,786
Stevie never would tell us because
he's afraid he'd get beat to death
1407
01:29:33,994 --> 01:29:35,537
or whatever when he got home.
1408
01:29:35,746 --> 01:29:39,583
And about locking him up in the
closet if he didn't do what he was told
1409
01:29:39,792 --> 01:29:42,211
right when he was told.
1410
01:29:42,419 --> 01:29:43,587
I lived with them.
1411
01:29:43,754 --> 01:29:45,798
I was around them off and on.
1412
01:29:46,215 --> 01:29:48,759
It was a happy time.
1413
01:29:48,926 --> 01:29:50,302
I've got pictures,
1414
01:29:50,928 --> 01:29:53,639
everybody's smiling,
everybody's happy.
1415
01:29:53,847 --> 01:29:57,393
Everybody's swimming,
everybody's having a good time.
1416
01:29:57,935 --> 01:30:01,480
There was no fighting
and screaming and hollering
1417
01:30:01,688 --> 01:30:04,525
and beating the kids
and stuff like that.
1418
01:30:04,733 --> 01:30:08,404
I can't say, "I wish he wouldn't
have married her." I can now.
1419
01:30:08,612 --> 01:30:11,573
Back then I didn't know her
enough to say, "Ew."
1420
01:30:11,740 --> 01:30:14,743
But I do now, so, "Ew."
1421
01:30:14,910 --> 01:30:20,416
Then he got into a little more detail about
things that were happening about...
1422
01:30:23,085 --> 01:30:29,425
Terry would come into his room
while he was asleep or going to sleep...
1423
01:30:31,218 --> 01:30:34,763
and he would make
Stevie watch him masturbate.
1424
01:30:38,142 --> 01:30:43,730
It progressed so much that he started
making Stevie mess with Amanda.
1425
01:30:43,939 --> 01:30:45,740
Is that true, sir?
No, it's not true.
1426
01:30:45,941 --> 01:30:50,237
Can you think of any reason that
Judy Sadler would say that about you
1427
01:30:50,446 --> 01:30:53,532
if she had not heard that from Stevie?
You'd have to ask Judy.
1428
01:30:53,740 --> 01:30:55,742
Can you think of any reason?
No.
1429
01:30:55,951 --> 01:30:59,955
She's told me about that,
but I really feel like, if that was true,
1430
01:31:00,122 --> 01:31:04,710
why didn't you say that
16, 17, or 18 years ago?
1431
01:31:04,918 --> 01:31:07,921
Why do you wait
this long to say it?
1432
01:31:08,130 --> 01:31:11,175
Because maybe if it would have
been true and she said something,
1433
01:31:11,383 --> 01:31:16,180
then my mom would've kept me,
she would've fought for me.
1434
01:31:16,388 --> 01:31:19,349
This is kind of a new thing
for y'all, this therapy stuff,
1435
01:31:19,516 --> 01:31:24,271
so that's pretty stressful.
But you'll get comfortable with that.
1436
01:31:25,272 --> 01:31:30,694
"Guilt. I feel guilty practically all the
time." Can you put a finger on the guilt?
1437
01:31:30,903 --> 01:31:34,114
Where's that guilt coming from?
I don't know.
1438
01:31:34,323 --> 01:31:36,575
Just can't seem
to pick it out, huh?
1439
01:31:36,783 --> 01:31:40,996
Attached here, too, is exhibit
one, pages from Amanda Hobbs' journal
1440
01:31:41,205 --> 01:31:43,332
in her handwriting.
1441
01:31:43,499 --> 01:31:46,543
"You know, I think I'm the only
19-year-old that can't remember"
1442
01:31:46,752 --> 01:31:49,213
what happened in my life
10 years ago.
1443
01:31:49,421 --> 01:31:54,593
Was I traumatized as a child that
I had to turn to drugs to forget about it?
1444
01:31:54,801 --> 01:31:57,888
I used to tell my mom,
'My dad messed with me.'
1445
01:31:58,096 --> 01:32:00,641
I honestly don't remember.
1446
01:32:00,849 --> 01:32:06,271
I used to dream about my dad having
sex with me, but it was just a dream.
1447
01:32:06,480 --> 01:32:09,691
As far as I remember,
my dad never touched me sexually,
1448
01:32:09,900 --> 01:32:12,569
"but he beat the hell out of me."
1449
01:32:12,778 --> 01:32:18,951
He hit me one time with a belt,
but he used the buckle.
1450
01:32:19,159 --> 01:32:24,414
And it left a welt, probably that thick,
across my whole back and it was purple.
1451
01:32:26,375 --> 01:32:29,044
Is it still your testimony
you never hit your daughter?
1452
01:32:29,253 --> 01:32:30,379
Correct.
1453
01:32:30,754 --> 01:32:33,507
You never sexually molested her?
1454
01:32:33,674 --> 01:32:34,967
Never one time.
1455
01:32:35,175 --> 01:32:39,304
When we talk about emotional or
other problems your daughter has had,
1456
01:32:39,972 --> 01:32:42,641
you do not feel you are
responsible for any of those.
1457
01:32:42,808 --> 01:32:44,601
Is that correct? Correct.
1458
01:32:44,768 --> 01:32:49,815
I know Stevie asked me about
two weeks before he was murdered
1459
01:32:50,023 --> 01:32:52,276
to leave Terry,
and I asked him why.
1460
01:32:52,442 --> 01:32:56,613
And he said, "He loves Amanda,
but he don't love me."
1461
01:33:00,158 --> 01:33:07,082
I feel like I'm putting the pieces
of a puzzle together and I'm so scared.
1462
01:33:08,125 --> 01:33:11,878
Talking to Terry over things
that's happened and all that,
1463
01:33:12,087 --> 01:33:15,591
they did their job,
they got the right ones, and all this.
1464
01:33:18,010 --> 01:33:23,348
I just want the truth.
I want the answers.
1465
01:33:28,103 --> 01:33:30,689
Since the program aired,
convictions were handed down
1466
01:33:30,897 --> 01:33:35,652
to all three of the accused teenagers,
and it became undeniable
1467
01:33:35,861 --> 01:33:39,448
that the brutal murders
had been part of a Satanic ritual.
1468
01:33:40,032 --> 01:33:42,784
Back with us today,
Pam and Terry Hobbs.
1469
01:33:42,993 --> 01:33:44,578
I mean, all murder is horrible.
1470
01:33:44,786 --> 01:33:47,789
Is the manner of his,
the specific manner in which he died,
1471
01:33:47,998 --> 01:33:50,626
is that something
that will always haunt you?
1472
01:33:51,293 --> 01:33:54,546
Yeah, I'll go to my grave with it,
thinking about it.
1473
01:33:54,713 --> 01:33:56,590
I realize my son
is in a better place.
1474
01:33:56,798 --> 01:34:00,510
I got a phone call back
in 2003 about the Hobbs knives
1475
01:34:00,719 --> 01:34:04,514
that Pam discovered
when their marriage went south.
1476
01:34:05,974 --> 01:34:08,935
What stuck out to our attention
is Stevie's knife in there.
1477
01:34:09,102 --> 01:34:13,815
According to Pam, that knife
would have been in the boy's pocket
1478
01:34:14,024 --> 01:34:17,527
the day that he was murdered,
and so that was very interesting.
1479
01:34:17,736 --> 01:34:20,697
How did he get it? More
important, when did he get it?
1480
01:34:20,906 --> 01:34:26,411
Pam says she knows Stevie Branch
had it until he died. Terry Hobbs says...
1481
01:34:26,620 --> 01:34:31,291
I was his dad,
I was acting as a responsible parent.
1482
01:34:31,500 --> 01:34:35,754
Not letting a 6-, 7-, 8-year-old little boy
carry a pocket knife.
1483
01:34:35,962 --> 01:34:38,215
Aren't you aware
that his mommy, his mother,
1484
01:34:38,382 --> 01:34:42,135
said that he carried the knife with him
up until the time that he disappeared?
1485
01:34:42,302 --> 01:34:43,887
So?
1486
01:34:44,096 --> 01:34:45,972
And she Stated
that she didn't trust
1487
01:34:46,181 --> 01:34:51,019
the prosecution and she wanted
to turn it over to the defense.
1488
01:34:51,228 --> 01:34:55,148
I'm asking if it surprised you,
given the fact that the West Memphis Police
1489
01:34:55,357 --> 01:34:58,777
has spent so much time
and so much money over the years
1490
01:34:58,985 --> 01:35:03,782
saying they got it right, that when
DNA attributed to someone else
1491
01:35:03,949 --> 01:35:06,368
was found in the ligature
of one of the victims
1492
01:35:06,576 --> 01:35:09,621
that they attributed it
to secondary transfer?
1493
01:35:10,831 --> 01:35:14,751
What if it was secondary transfer?
What if it wasn't?
1494
01:35:14,960 --> 01:35:17,963
What are you saying?
I'm saying there could be a question
1495
01:35:18,171 --> 01:35:21,425
about whether or not you were
somehow involved in these crimes.
1496
01:35:21,633 --> 01:35:23,343
Well, who says that?
1497
01:35:23,802 --> 01:35:27,180
How do you explain
Mr. Jacoby's DNA?
1498
01:35:28,056 --> 01:35:30,559
Which is the second...
I have no explanation for that.
1499
01:35:30,767 --> 01:35:34,855
Objection to form...
We was in them woods all night.
1500
01:35:40,152 --> 01:35:42,904
The first time I heard about DNA was
1501
01:35:43,071 --> 01:35:45,991
the lack of DNA at the crime scene.
1502
01:35:48,034 --> 01:35:53,790
The first time I heard about my DNA,
it was just shock therapy, I think.
1503
01:35:53,999 --> 01:35:56,752
Telling me that they found my DNA
at the crime scene.
1504
01:35:56,960 --> 01:35:59,921
Sleepless nights, you know,
going over and over,
1505
01:36:00,130 --> 01:36:04,551
trying to see if there was something
you missed or something you heard or...
1506
01:36:07,262 --> 01:36:10,932
It's your testimony Mr. Jacoby
was with you all night in the woods?
1507
01:36:11,141 --> 01:36:14,561
We were together quite a bit that night.
No, that's not my question.
1508
01:36:14,770 --> 01:36:17,272
You testified earlier
that you and Mr. Jacoby
1509
01:36:17,439 --> 01:36:19,608
were together all night
until it was time
1510
01:36:19,775 --> 01:36:21,401
for him to go to work. Exactly.
1511
01:36:21,610 --> 01:36:24,821
Is that your story, or are you changing it?
No, we were.
1512
01:36:25,280 --> 01:36:28,950
So I'm at home and I
hear a knock on the door.
1513
01:36:29,117 --> 01:36:30,535
And it's Terry and Amanda.
1514
01:36:30,744 --> 01:36:33,163
I ask him what's he doing. He says:
1515
01:36:33,371 --> 01:36:36,166
"Oh, looking for Stevie,
he was supposed to be home."
1516
01:36:36,333 --> 01:36:38,253
"Terry and Amanda
came inside my house."
1517
01:36:38,335 --> 01:36:41,546
Amanda played with toys and Terry
and I sat down and played guitars
1518
01:36:41,755 --> 01:36:44,841
"for up to one hour." You've
already Stated that it's possible
1519
01:36:45,008 --> 01:36:47,844
you went to David's house
and played guitars for one hour.
1520
01:36:48,011 --> 01:36:50,722
I didn't say that.
You said that in your last deposition.
1521
01:36:50,889 --> 01:36:52,682
I don't recall playing the guitars.
1522
01:36:52,891 --> 01:36:56,436
I went over to see if David would
help me look for the three little boys.
1523
01:36:56,645 --> 01:36:58,855
"Pretty Woman," Roy Orbison.
1524
01:36:59,064 --> 01:37:02,692
I handed him my guitar and asked him
to play that part of that song again,
1525
01:37:02,901 --> 01:37:07,113
so I could get it down and he...
We did that two or three times,
1526
01:37:07,322 --> 01:37:09,950
you know, before I finally got it right.
1527
01:37:10,158 --> 01:37:13,578
So, you know,
a little time went by and he says:
1528
01:37:13,745 --> 01:37:17,123
"Well, you know,
I need to go look for Stevie."
1529
01:37:18,416 --> 01:37:21,378
I said, "Terry, let me know.
Let me know where you find him."
1530
01:37:24,339 --> 01:37:28,385
Did you see Stevie
at all that day, May the 5th?
1531
01:37:29,845 --> 01:37:31,763
No, I did not.
1532
01:37:33,682 --> 01:37:35,851
Did you see any
of the three boys that day?
1533
01:37:36,059 --> 01:37:38,019
No, I did not.
1534
01:37:38,228 --> 01:37:42,190
I think the timeframe is what
pulled us in more than anything else,
1535
01:37:42,399 --> 01:37:44,234
because I was like, "Wait a minute."
1536
01:37:44,442 --> 01:37:46,945
We went to church every Wednesday
at the same time.
1537
01:37:47,153 --> 01:37:50,782
We left about 6:30 every single
Wednesday, we never missed church.
1538
01:37:50,991 --> 01:37:53,118
And we saw them out there.
1539
01:37:53,326 --> 01:37:57,122
Terry Hobbs and Steven Branch
lived three houses down from us
1540
01:37:57,330 --> 01:37:59,040
on South McAuley.
1541
01:37:59,207 --> 01:38:04,671
About 6:30, we came out the door
and Steven was in front on his bike.
1542
01:38:04,838 --> 01:38:07,841
Christopher and Michael
were running behind him,
1543
01:38:08,008 --> 01:38:09,843
and they zoomed out real fast.
1544
01:38:10,010 --> 01:38:12,804
I told Christopher,
I yelled to him, "You need to go home."
1545
01:38:13,013 --> 01:38:14,681
Your brother said to go home."
1546
01:38:14,890 --> 01:38:17,517
He said, "I don't have to do
what you tell me to do."
1547
01:38:17,726 --> 01:38:21,271
And I saw Terry walking down
the sidewalk, and he was saying:
1548
01:38:21,479 --> 01:38:24,816
"Y'all come back down here,"
and they all went in that direction
1549
01:38:25,025 --> 01:38:28,653
toward him and we got in the car
and went to church.
1550
01:38:28,862 --> 01:38:31,865
The next day at school,
Ryan came up to us and he said
1551
01:38:32,032 --> 01:38:35,243
they couldn't find his brother,
his brother didn't come home.
1552
01:38:35,410 --> 01:38:37,954
I told him, "I saw your brother,
I talked to him."
1553
01:38:38,121 --> 01:38:40,540
I told him to come home.
What are you talking about?"
1554
01:38:40,707 --> 01:38:42,542
He was really devaStated,
he was crying.
1555
01:38:42,709 --> 01:38:46,421
And he said that they found his brother,
and he wasn't alive anymore.
1556
01:38:46,630 --> 01:38:47,797
We knew we saw him,
1557
01:38:48,006 --> 01:38:50,717
but we thought,
"There, his dad was out there with him.
1558
01:38:50,884 --> 01:38:53,136
Surely, they told him
that they were down there."
1559
01:38:53,303 --> 01:38:56,222
So we thought all this time
that they already knew.
1560
01:38:57,140 --> 01:39:03,313
If deemed credible, it's more damning
than even the DNA evidence, you know.
1561
01:39:03,521 --> 01:39:07,359
I mean, the last person to be
in the presence of these three victims.
1562
01:39:07,567 --> 01:39:11,446
By denying that occurred, rather than
offering any explanation of it,
1563
01:39:11,655 --> 01:39:13,949
it's awfully powerful stuff.
1564
01:39:14,115 --> 01:39:16,075
These people here
were never interviewed.
1565
01:39:16,201 --> 01:39:17,786
They were just neighbors of Hobbs.
1566
01:39:17,953 --> 01:39:20,288
Hobbs wasn't interviewed.
Didn't do a neighborhood.
1567
01:39:20,455 --> 01:39:23,458
They'll swear on a stack of Bibles
that they saw Terry Hobbs
1568
01:39:23,625 --> 01:39:27,379
with the three children around 6:30.
I don't know how many years
1569
01:39:27,545 --> 01:39:30,757
before anybody had asked me
anything about it too.
1570
01:39:30,924 --> 01:39:32,59
You say you were not ever alone
1571
01:39:32,801 --> 01:39:35,553
on the night of May 5th
and the morning of May 6th,
1572
01:39:35,762 --> 01:39:41,935
and yet David Jacoby
says you left his house twice, alone.
1573
01:39:42,143 --> 01:39:44,521
What Jacoby has told us so far
1574
01:39:44,729 --> 01:39:49,901
is that it could be two hours where
Terry Hobbs can't be accounted for.
1575
01:39:50,110 --> 01:39:52,737
I'm saying that you
don't have an alibi witness
1576
01:39:52,946 --> 01:39:56,241
for two to two and a half hours
on the evening of the murders.
1577
01:39:56,449 --> 01:40:00,662
From 6 p.m. to 8:30 p.m.
I don't know.
1578
01:40:00,870 --> 01:40:02,789
Does that concern you? No.
1579
01:40:09,421 --> 01:40:10,964
Hello? Hey.
1580
01:40:11,172 --> 01:40:13,466
Had me a visitor today.
1581
01:40:13,675 --> 01:40:16,845
John, what's...? John Douglas?
1582
01:40:17,053 --> 01:40:18,763
John's the FBI.
1583
01:40:18,972 --> 01:40:21,433
Ah... What'd he say?
1584
01:40:22,017 --> 01:40:25,186
There's a bunch of discrepancies
on where I said where we're at
1585
01:40:25,395 --> 01:40:28,231
and where you say we were at,
and it just...
1586
01:40:28,440 --> 01:40:31,026
I don't give a shit what them people
got to say
1587
01:40:31,234 --> 01:40:33,570
about where I was at
and what time I was there.
1588
01:40:33,778 --> 01:40:35,572
We don't have to answer
to them people.
1589
01:40:35,780 --> 01:40:38,491
David is his primary alibi,
1590
01:40:38,700 --> 01:40:42,746
and what he has done in the past,
he's fed information to David,
1591
01:40:42,954 --> 01:40:44,289
putting them together.
1592
01:40:44,497 --> 01:40:46,833
I don't know, from
what I said and what you said
1593
01:40:47,042 --> 01:40:51,963
and what they're telling me,
6:30 to 9:30's really fucked up.
1594
01:40:52,130 --> 01:40:55,175
Six-thirty to nine-thirty.
I don't know what they're playing...
1595
01:40:55,341 --> 01:40:58,219
We rode around
looking for three little boys.
1596
01:40:58,386 --> 01:41:01,598
We got out and we did a little walking,
looking for three little boys.
1597
01:41:01,806 --> 01:41:05,018
I went and picked my wife up
at 9:00.
1598
01:41:05,226 --> 01:41:08,521
"Where did you ride around,
Mr. Hobbs?" West Memphis.
1599
01:41:10,482 --> 01:41:12,484
What'? You was with me, David.
1600
01:41:12,692 --> 01:41:13,735
You remember that?
1601
01:41:13,943 --> 01:41:16,696
Jacoby is starting to
realize that he was being set up
1602
01:41:16,905 --> 01:41:19,908
by Terry Hobbs as an alibi.
1603
01:41:20,116 --> 01:41:23,244
Well, we know we didn't do it, okay?
1604
01:41:23,453 --> 01:41:26,456
The police know who done it,
and they're sitting in prison.
1605
01:41:26,664 --> 01:41:29,167
At the time, I wasn't looking
for three murdered kids.
1606
01:41:29,375 --> 01:41:31,503
I was helping my friend
look for his kid
1607
01:41:31,711 --> 01:41:33,755
and who happened to be
with another kid
1608
01:41:33,963 --> 01:41:35,799
who happened to be
with another kid.
1609
01:41:36,007 --> 01:41:39,219
So I mean, and what upsets me is...
Yeah.
1610
01:41:39,427 --> 01:41:43,181
I gotta stop with the camera,
here it goes.
1611
01:41:44,724 --> 01:41:48,728
It just gets me that he didn't
come back, you know? Fuck.
1612
01:41:48,937 --> 01:41:52,148
Why do you not come back
to your friend's house to help you
1613
01:41:52,357 --> 01:41:54,109
if you can't find your kid?
Yeah.
1614
01:41:54,943 --> 01:41:57,779
I stopped myself from saying
that he did it,
1615
01:41:57,987 --> 01:41:59,572
you know, in all these years.
1616
01:41:59,781 --> 01:42:02,450
I've actually, you know,
said he couldn't...
1617
01:42:04,702 --> 01:42:08,498
It gets to the point, I'd give my
life to know the fucking truth.
1618
01:42:09,124 --> 01:42:10,750
Fucking Terry.
1619
01:42:13,753 --> 01:42:16,756
But I've been that little kid,
you know?
1620
01:42:18,049 --> 01:42:20,885
You been that step...? That stepchild?
That stepkid, yeah.
1621
01:42:21,094 --> 01:42:25,557
That gets his ass whupped
at the drop of a hat for...
1622
01:42:25,723 --> 01:42:29,352
You know, for something
somebody else's done.
1623
01:42:29,561 --> 01:42:33,064
And you catch what's
built up from everybody else.
1624
01:42:33,273 --> 01:42:38,862
And that, I felt that with Stevie.
I mean, like with the marbles.
1625
01:42:39,070 --> 01:42:42,365
He's throwing marbles
and bouncing them off the wall.
1626
01:42:42,574 --> 01:42:45,451
Terry is telling him,
"I'm gonna bust your ass. Quit."
1627
01:42:45,660 --> 01:42:47,954
Stevie, I'm gonna bust your ass.
Stevie, quit.
1628
01:42:48,163 --> 01:42:50,748
"Stevie, quit. I'm gonna tell you
one more time, Stevie."
1629
01:42:50,957 --> 01:42:53,877
And, you know, you just want...
You wanna get that last marble.
1630
01:42:54,085 --> 01:42:57,255
And Stevie's looking like that
last marble's fixing to come again,
1631
01:42:57,463 --> 01:43:01,509
and I said, you know, "Sit down, let me
show you how we played marbles."
1632
01:43:01,718 --> 01:43:05,138
And it got Terry, you know,
off of him, and...
1633
01:43:05,597 --> 01:43:06,890
Terry hated him.
1634
01:43:07,098 --> 01:43:10,435
What he did to him
to make him hate him, I don't know.
1635
01:43:10,643 --> 01:43:13,479
Stevie was scared of Terry.
1636
01:43:14,022 --> 01:43:18,860
He was hid in the closet, and I asked
him why he was hid in a closet.
1637
01:43:19,068 --> 01:43:22,155
You know, he had
a mishap in his underwear
1638
01:43:22,363 --> 01:43:24,157
and Daddy Terry would whip him.
1639
01:43:24,365 --> 01:43:28,703
And one time he had thrown him
against the wall.
1640
01:43:28,912 --> 01:43:32,207
I do not believe
the homicide was planned.
1641
01:43:32,415 --> 01:43:37,253
This person responsible for the murders
lost control and had to kill them.
1642
01:43:37,462 --> 01:43:41,090
They were already heading that way, and
he said, "Get back down to the house."
1643
01:43:41,257 --> 01:43:44,052
And they passed him,
they were laughing and playing.
1644
01:43:44,260 --> 01:43:46,054
We thought it was a normal day.
1645
01:43:46,221 --> 01:43:48,139
It was things we saw them do
all the time.
1646
01:43:48,348 --> 01:43:52,143
You were not angry in the sense
that you become physically abusive?
1647
01:43:52,352 --> 01:43:53,394
Correct.
1648
01:43:53,603 --> 01:43:57,690
These young boys were overpowered.
1649
01:43:58,358 --> 01:44:00,568
You do not fly into rages?
Correct.
1650
01:44:00,777 --> 01:44:03,279
And you do not beat your children?
Never.
1651
01:44:03,488 --> 01:44:07,242
If he was capable of doing this,
and I can almost picture it,
1652
01:44:07,450 --> 01:44:11,204
that he freaked out, and the other
two boys being there, um...
1653
01:44:11,996 --> 01:44:16,125
They've got skull fractures,
they've got brain injuries.
1654
01:44:16,334 --> 01:44:19,754
If it had been an accident,
the Terry Hobbs that I know,
1655
01:44:19,963 --> 01:44:23,800
no, I don't think that he would say
that, "I accidentally did this."
1656
01:44:24,008 --> 01:44:27,428
"I'm sorry," and turn himself in for it.
1657
01:44:27,637 --> 01:44:32,850
These children were alive until
they inhaled water and drowned.
1658
01:44:33,017 --> 01:44:36,437
To do what he did to the children,
hide the clothing, hide the children,
1659
01:44:36,604 --> 01:44:38,064
he got in water, got muddy.
1660
01:44:38,231 --> 01:44:40,733
There's been some
discussion about you doing laundry
1661
01:44:40,942 --> 01:44:43,319
the evening of the 5th
or the morning of the 6th.
1662
01:44:43,486 --> 01:44:45,405
Recall that? It didn't happen.
1663
01:44:45,571 --> 01:44:47,031
You didn't do laundry?
No.
1664
01:44:47,198 --> 01:44:51,244
I saw him cleaning.
I saw him washing clothes.
1665
01:44:51,911 --> 01:44:54,789
I saw him in Stevie's room.
1666
01:44:54,998 --> 01:44:58,084
I mean, he had bleach and everything
and was cleaning.
1667
01:44:58,251 --> 01:45:01,838
I had never seen Terry
clean anything
1668
01:45:02,046 --> 01:45:03,631
the whole time I had known him.
1669
01:45:03,840 --> 01:45:07,677
When he took me to work, I believe
Terry changed into a purple tank top,
1670
01:45:07,885 --> 01:45:10,263
a pair of shorts
and his LA Gear tennis shoes.
1671
01:45:10,471 --> 01:45:12,390
He's muddy,
he has to change his clothing.
1672
01:45:12,598 --> 01:45:14,183
When he picked me up from work,
1673
01:45:14,350 --> 01:45:18,980
he was in blue jeans
and flannel top shirt on.
1674
01:45:19,147 --> 01:45:21,566
He has to get prepared
and wait to be interviewed.
1675
01:45:21,774 --> 01:45:25,820
And you have a dispute with every
single one of your alibi witnesses.
1676
01:45:26,029 --> 01:45:30,033
If you put
all of these Statements together,
1677
01:45:30,241 --> 01:45:33,328
and all the evidence together
that I've just run through,
1678
01:45:33,536 --> 01:45:35,288
and you're the police,
1679
01:45:35,496 --> 01:45:38,166
wouldn't you wanna look
at Terry Hobbs for this murder?
1680
01:45:38,374 --> 01:45:40,793
You'd have to look
at Terry Hobbs.
1681
01:45:41,794 --> 01:45:44,255
From an investigative perspective,
1682
01:45:44,464 --> 01:45:49,344
it solidifies Terry Hobbs
as the principal suspect.
1683
01:45:49,552 --> 01:45:52,764
It's gonna be tough
for someone like him to confess.
1684
01:45:52,972 --> 01:45:55,391
If he is in fact the guy,
it's extremely tough.
1685
01:45:55,600 --> 01:45:59,479
He's had 18 years to think about it.
He's got an answer for everything.
1686
01:45:59,687 --> 01:46:03,524
You throw him a pitch, he's got it.
You know, he knows how to hit it.
1687
01:46:09,405 --> 01:46:11,991
The attorney general's office
has taken the position
1688
01:46:12,200 --> 01:46:15,870
that not only should these
wrongly convicted young men
1689
01:46:16,037 --> 01:46:18,539
not have the opportunity
to prove their innocence,
1690
01:46:18,748 --> 01:46:22,502
but that no one ever in Arkansas
1691
01:46:22,710 --> 01:46:26,172
be given that opportunity
on the grounds that Arkansas
1692
01:46:26,381 --> 01:46:30,385
is incapable
of ever convicting anyone wrongly.
1693
01:46:31,135 --> 01:46:35,139
It's one thing to build perception
that there's something wrong.
1694
01:46:35,306 --> 01:46:39,477
It's another thing to get
a formal judgment overturning it.
1695
01:46:39,644 --> 01:46:46,317
There are still some formidable
legal obstacles to opening that door.
1696
01:46:48,694 --> 01:46:50,446
Tell us why you're here today.
1697
01:46:50,655 --> 01:46:56,160
I'm here for justice
and the real killer to be found out.
1698
01:46:56,369 --> 01:47:01,582
If I've had to be the spotlight
of people thinking I was involved,
1699
01:47:01,791 --> 01:47:05,837
if that kept the case alive
to get where we are today,
1700
01:47:06,045 --> 01:47:08,297
I'd turn around
and do it all over again.
1701
01:47:10,258 --> 01:47:13,886
Talk about what has been so impactful
in this case that has changed your mind.
1702
01:47:14,095 --> 01:47:16,931
Because that day,
you believed he was the killer.
1703
01:47:17,140 --> 01:47:19,308
That day I believed
what the State told me.
1704
01:47:19,517 --> 01:47:22,437
And it took quite a while
of being blinded,
1705
01:47:22,645 --> 01:47:25,064
and when I finally
got my answers,
1706
01:47:25,231 --> 01:47:29,235
none of the roads
led to the three in prison.
1707
01:47:29,444 --> 01:47:32,238
All the roads and all the evidence
1708
01:47:32,405 --> 01:47:36,159
lead to Terry Wayne Hobbs.
1709
01:47:42,206 --> 01:47:44,375
This case is outrageous.
1710
01:47:44,542 --> 01:47:48,296
People need to get involved and help
on this case. I am happy to get involved,
1711
01:47:48,504 --> 01:47:51,466
donating my time,
time from my law firm, pro bono,
1712
01:47:51,674 --> 01:47:54,594
because these young men
need a fair trial.
1713
01:47:54,802 --> 01:47:59,265
If they're convicted again? Fine.
But do it fair. Do it constitutionally.
1714
01:47:59,474 --> 01:48:02,310
It's an endurance test
to keep up with this.
1715
01:48:02,518 --> 01:48:05,146
I think I was in my late 20s
when I first heard about it.
1716
01:48:05,354 --> 01:48:07,607
I am now 45.
1717
01:48:08,691 --> 01:48:12,778
We'd buy Doritos and Skittles
and M&M's.
1718
01:48:12,987 --> 01:48:17,074
And we'd sit down, and I'll have napkins
and then Damien would say:
1719
01:48:17,283 --> 01:48:20,203
"All right, put out your napkin,
okay, try this, all right."
1720
01:48:20,411 --> 01:48:23,247
One Ruffle, two orange Skittles.
1721
01:48:23,456 --> 01:48:25,082
All right, get the root beer ready.
1722
01:48:25,249 --> 01:48:28,085
"Now eat that, drink that
at the same time, isn't that crazy?"
1723
01:48:30,963 --> 01:48:35,801
It's a long, long process. We've all had
to educate ourselves and learn patience.
1724
01:48:36,010 --> 01:48:38,429
We'd make a small breakthrough
1725
01:48:38,638 --> 01:48:42,016
or something and Lorri and I would
have a long two-hour phone call.
1726
01:48:42,225 --> 01:48:43,392
We'd get off the phone,
1727
01:48:43,559 --> 01:48:47,438
think this is gonna be a happy ending.
There's gotta be a happy ending to this.
1728
01:48:48,731 --> 01:48:51,067
One thing that could
happen is they could say no.
1729
01:48:51,275 --> 01:48:52,652
"Judge Burnett was right.
1730
01:48:52,860 --> 01:48:57,698
You lose, no new hearing, Damien.
Sorry, done."
1731
01:48:57,907 --> 01:49:00,701
And then he literally is done
in the Arkansas court.
1732
01:49:05,873 --> 01:49:07,083
The oral argument today
1733
01:49:07,291 --> 01:49:11,128
it is Damien Wayne Echols
v. The State of Arkansas.
1734
01:49:11,337 --> 01:49:14,757
So we have a situation
here where the Arkansas legislature
1735
01:49:14,966 --> 01:49:20,388
passed these statutes out of, quote,
"In response to nationwide concerns"
1736
01:49:20,596 --> 01:49:22,848
that innocent persons
were being imprisoned
1737
01:49:23,057 --> 01:49:25,935
"and even executed
for crimes that they did not commit."
1738
01:49:26,143 --> 01:49:29,146
However, the State takes the position
1739
01:49:29,355 --> 01:49:34,360
that the only evidence other than DNA
allowed in a DNA action in this State
1740
01:49:34,569 --> 01:49:36,571
is evidence of guilt.
1741
01:49:36,779 --> 01:49:39,407
The fact of the matter is
that DNA evidence
1742
01:49:39,615 --> 01:49:42,243
that couldn't have been obtained
15 years ago
1743
01:49:42,451 --> 01:49:44,620
begins to make things relevant.
1744
01:49:44,787 --> 01:49:47,957
Connect to other evidence that did
not appear relevant 15 years ago.
1745
01:49:48,165 --> 01:49:52,336
So your interpretation is it's not
really just new scientific evidence.
1746
01:49:52,545 --> 01:49:54,797
It's new evidence
across the board that'll come?
1747
01:49:55,006 --> 01:49:56,048
Yes, Your Honor.
1748
01:49:56,257 --> 01:49:58,342
The animating purpose of this statute
1749
01:49:58,551 --> 01:50:02,471
is not to do away
with finality of judgments,
1750
01:50:02,638 --> 01:50:05,725
but to test evidence of innocence.
1751
01:50:05,933 --> 01:50:08,728
Doesn't that include
the last 17 years?
1752
01:50:09,437 --> 01:50:12,064
No, well, I'm sorry.
Does it include the last...?
1753
01:50:12,273 --> 01:50:16,152
The last 17 years, or are you limiting
the evidence that can be presented?
1754
01:50:16,360 --> 01:50:20,114
You can't bring in evidence that
is just further reweighing of evidence
1755
01:50:20,281 --> 01:50:24,660
that the State post-conviction processes
permit you to make in other forums.
1756
01:50:24,827 --> 01:50:28,664
Now certainly he would like to have
a much freer reign
1757
01:50:28,873 --> 01:50:33,711
to go back to court
and bring in 17 years' worth of claims
1758
01:50:33,919 --> 01:50:36,547
that have been made
and retry his case.
1759
01:50:36,714 --> 01:50:40,051
Counselor, what harm is there in
allowing him to present the evidence
1760
01:50:40,217 --> 01:50:42,720
from the last 17 years?
I'm sorry?
1761
01:50:42,928 --> 01:50:47,141
What harm is there to...? In
allowing him to present all evidence?
1762
01:50:47,933 --> 01:50:50,436
The harm is in the
finality of a criminal judgment
1763
01:50:50,645 --> 01:50:55,066
that is not demonstrated
to have any constitutional
1764
01:50:55,274 --> 01:50:58,486
or procedural defect
and just to try it again. I mean...
1765
01:50:58,694 --> 01:51:02,531
We would submit that the court
is to consider the DNA evidence,
1766
01:51:02,740 --> 01:51:08,287
along with all other evidence,
whether or not admitted at the first trial.
1767
01:51:08,496 --> 01:51:10,414
All simply means all.
1768
01:51:11,666 --> 01:51:16,671
I talked to him, actually,
right after the hearing.
1769
01:51:16,837 --> 01:51:19,882
Guards came into his cell
1770
01:51:20,091 --> 01:51:24,095
and took everything,
everything he owns. All of his books.
1771
01:51:24,303 --> 01:51:28,307
Fifty-one books, his journals, his shoes.
1772
01:51:28,516 --> 01:51:30,351
When he asked
why they were doing that,
1773
01:51:30,559 --> 01:51:33,562
they said they were sick
of seeing him on the news.
1774
01:51:33,771 --> 01:51:37,817
It's terribly abusive.
They were horribly abusive to him.
1775
01:51:39,610 --> 01:51:42,488
They don't like the death-row thing.
1776
01:51:42,697 --> 01:51:45,324
They're trying to get Damien Echols
off of death row
1777
01:51:45,491 --> 01:51:47,326
so they can put
two new people in there,
1778
01:51:47,493 --> 01:51:49,370
and you know
who them two new people is?
1779
01:51:49,537 --> 01:51:52,081
Don't even say it. Me and you.
1780
01:51:52,623 --> 01:51:54,917
I ain't never felt the need to have to
1781
01:51:55,126 --> 01:51:58,587
try to defend somebody
in our family before,
1782
01:51:58,754 --> 01:52:01,465
but now I feel like
my brother's getting a bad rap.
1783
01:52:01,632 --> 01:52:03,592
Somebody's got to say something.
1784
01:52:03,759 --> 01:52:08,639
He, obviously, is just gonna
keep letting it go and letting it go
1785
01:52:08,848 --> 01:52:12,059
because he feels like he's had enough,
you know, and it's...
1786
01:52:12,226 --> 01:52:13,894
Somebody needs to say something.
1787
01:52:14,061 --> 01:52:16,480
If they're trying to put the blame
on someone,
1788
01:52:16,647 --> 01:52:19,150
they need to dig deeper
and find that someone.
1789
01:52:21,610 --> 01:52:27,450
Received December 11th at 11:02 a.m.
1790
01:52:27,783 --> 01:52:31,746
Ummm... Hello. I
need to speak to somebody,
1791
01:52:31,912 --> 01:52:33,414
so please have someone call me.
1792
01:52:34,832 --> 01:52:38,085
Marker.
State your name, please.
1793
01:52:38,252 --> 01:52:41,046
Blake Sisk.
How old are you?
1794
01:52:41,213 --> 01:52:43,257
Twenty years old. Okay.
1795
01:52:43,632 --> 01:52:46,010
The other day
we got a call on the tipline.
1796
01:52:46,177 --> 01:52:49,722
This young man had been a friend
of Michael Hobbs Jr.,
1797
01:52:49,889 --> 01:52:52,141
who is the nephew of Terry Hobbs.
1798
01:52:52,349 --> 01:52:56,270
Michael Hobbs Jr. Lives in a town
called Mountain Home, Arkansas.
1799
01:52:56,479 --> 01:52:59,482
His dad, Michael Hobbs Sr.,
runs a restaurant there,
1800
01:52:59,690 --> 01:53:02,193
and they've lived there
for a long time.
1801
01:53:02,401 --> 01:53:06,322
First thing he told us was that
when he was about 12 or 13,
1802
01:53:06,530 --> 01:53:09,575
he and Michael Hobbs Jr.
Had been playing football in the yard.
1803
01:53:09,784 --> 01:53:12,953
And when they got done playing football,
they came into the house,
1804
01:53:13,120 --> 01:53:16,040
got a drink and were gonna
go to the basement to play pool.
1805
01:53:16,207 --> 01:53:19,251
Michael said, you know,
that his uncle and dad
1806
01:53:19,460 --> 01:53:21,670
were in their downstairs basement,
1807
01:53:21,879 --> 01:53:26,050
and we were gonna go downstairs,
but his dad hollered,
1808
01:53:26,258 --> 01:53:29,386
you know, "Don't come down here,
we're busy talking."
1809
01:53:29,595 --> 01:53:33,432
So me and Michael
decided to listen in.
1810
01:53:33,641 --> 01:53:35,976
Michael Hobbs Jr. Told the witness
1811
01:53:36,185 --> 01:53:39,188
that his dad was down there
with his uncle,
1812
01:53:39,355 --> 01:53:42,274
sounding like
he might have been crying, saying:
1813
01:53:42,441 --> 01:53:45,653
"I'm sorry for what happened
and I regret it."
1814
01:53:45,861 --> 01:53:49,073
Michael's dad was just consoling him
about, you know, the situation
1815
01:53:49,281 --> 01:53:52,368
and everything would be all right.
"You're not in any trouble."
1816
01:53:52,576 --> 01:53:54,578
A number of years later,
he and a friend
1817
01:53:54,787 --> 01:53:59,208
were picked up by Michael Hobbs Jr.
In Michael Hobbs Jr.'s truck.
1818
01:53:59,416 --> 01:54:02,503
My name's Cody Gott. This is fine.
1819
01:54:02,670 --> 01:54:06,841
You can use this for whatever you need
to use it for. You have my permission.
1820
01:54:07,007 --> 01:54:11,053
When he picked us up, it was like...
It wasn't the same Michael that I...
1821
01:54:11,262 --> 01:54:14,056
You know what I mean? He wasn't...
1822
01:54:14,390 --> 01:54:17,309
Wasn't in the same mood
that he usually is.
1823
01:54:17,518 --> 01:54:20,104
He's usually outgoing,
like, ready to go do something.
1824
01:54:20,312 --> 01:54:22,940
Ready to talk, ready to...
And he was just real quiet.
1825
01:54:23,148 --> 01:54:28,904
He wasn't as talkative, and I asked him
what was going on and he...
1826
01:54:29,113 --> 01:54:30,447
"What's up, man?"
1827
01:54:30,656 --> 01:54:33,659
And he said, he told me that:
1828
01:54:33,868 --> 01:54:37,705
"My uncle Terry,
he killed those kids
1829
01:54:37,913 --> 01:54:41,041
in that case,
in the West Memphis Three case."
1830
01:54:41,250 --> 01:54:46,839
And then he was like, well, "My dad
told me that my uncle's the one"
1831
01:54:47,047 --> 01:54:51,385
who murdered those three kids and
it's been, you know, on my mind all day.
1832
01:54:51,594 --> 01:54:54,013
"It's been just running
through my head."
1833
01:54:54,221 --> 01:54:58,392
And I was just in shock,
I didn't really know what to say.
1834
01:54:58,601 --> 01:55:01,896
Then, according to Michael Hobbs Jr.,
the second witness says
1835
01:55:02,104 --> 01:55:07,735
that his dad called this, quote,
"the Hobbs' family secret," close quote.
1836
01:55:07,943 --> 01:55:10,696
He said, "Only me, my dad, my uncle"
1837
01:55:10,905 --> 01:55:13,115
and I think maybe his mom
1838
01:55:13,324 --> 01:55:15,743
and someone else in the family
might have knew.
1839
01:55:15,951 --> 01:55:18,037
It might have been the other brother.
1840
01:55:18,203 --> 01:55:20,539
He called it the Hobbs' family secret,
and he said:
1841
01:55:20,706 --> 01:55:23,918
"If they knew I told you,
I would be in deep crap."
1842
01:55:24,126 --> 01:55:26,295
There was one third
friend that they thought
1843
01:55:26,503 --> 01:55:30,466
might also have some information.
What this third witness told me:
1844
01:55:30,633 --> 01:55:34,762
"Michael Hobbs Jr. And I and a third
friend were playing pool in the basement."
1845
01:55:34,970 --> 01:55:37,306
During the game,
the third friend said something
1846
01:55:37,514 --> 01:55:39,808
"about the West Memphis Three case."
1847
01:55:40,017 --> 01:55:42,770
Then this young man,
the third witness, asked:
1848
01:55:42,978 --> 01:55:44,939
"What's the
West Memphis Three case?"
1849
01:55:45,147 --> 01:55:46,982
Might be the only teenager
in Arkansas
1850
01:55:47,191 --> 01:55:49,860
who didn't know what
the West Memphis Three case was.
1851
01:55:50,069 --> 01:55:52,196
He asked that question
and Michael Hobbs Jr.
1852
01:55:52,363 --> 01:55:54,490
Responded to him by saying, quote:
1853
01:55:54,657 --> 01:55:58,035
"My uncle killed three kids
in West Memphis," close quote.
1854
01:55:58,243 --> 01:56:00,913
And according to this third witness,
Michael Hobbs Jr.
1855
01:56:01,080 --> 01:56:04,166
Was dead serious when he said this.
He was not fooling around.
1856
01:56:06,752 --> 01:56:10,464
In addition to getting them to sign the
declarations under penalty of perjury,
1857
01:56:10,673 --> 01:56:14,093
they all took polygraph examinations.
1858
01:56:14,301 --> 01:56:17,137
The polygraph examiner concluded
that these three young men
1859
01:56:17,346 --> 01:56:21,892
were absolutely telling the truth about
what they heard Michael Hobbs Jr. Say.
1860
01:56:22,059 --> 01:56:24,478
I don't even think Michael knows
why he did it.
1861
01:56:24,645 --> 01:56:28,273
I just... You know, he knows
it happened, he knows he did it.
1862
01:56:28,482 --> 01:56:33,487
And it was his dad...
His dad is... Probably would know,
1863
01:56:33,696 --> 01:56:35,990
you know, why he did it.
1864
01:56:36,198 --> 01:56:38,367
We don't have any power
as defense attorneys
1865
01:56:38,575 --> 01:56:42,413
to call Michael Hobbs Sr. Into my office
and to ask him to tell me
1866
01:56:42,621 --> 01:56:45,624
whether he called this the
Hobbs' family secret and why he did.
1867
01:56:45,833 --> 01:56:48,085
The prosecutor can issue
a grand jury subpoena
1868
01:56:48,293 --> 01:56:50,546
and ask Michael Hobbs Sr.
In the grand jury
1869
01:56:50,754 --> 01:56:55,092
where he's under penalty of perjury
if he lies, "Did you say this?"
1870
01:56:55,300 --> 01:56:57,803
Why'd you say it?
What did you mean?"
1871
01:56:58,012 --> 01:57:00,222
And I think
that's the kind of information
1872
01:57:00,431 --> 01:57:04,393
that only the prosecutor can get
that could really crack this wide open.
1873
01:57:04,601 --> 01:57:07,396
I don't give a
shit what happened 17 years ago
1874
01:57:07,604 --> 01:57:09,314
I know what didn't happen.
1875
01:57:09,523 --> 01:57:13,736
Me and you didn't do nothing wrong.
So fuck them motherfuckers.
1876
01:57:14,445 --> 01:57:19,283
We're proud people. We don't
have no reason to tuck our head.
1877
01:57:20,325 --> 01:57:24,163
You hit a bump in the road, you wasn't
expecting a speed bump being there,
1878
01:57:24,329 --> 01:57:27,249
but you pick yourself up on other side
of that speed bump
1879
01:57:27,416 --> 01:57:30,502
and go, "Damn, I didn't see
that one coming," and keep on going.
1880
01:57:30,669 --> 01:57:32,921
Pam's a speed bump.
I'll put her that way.
1881
01:57:33,964 --> 01:57:37,259
Was Terry capable? Did Terry do it?
1882
01:57:37,468 --> 01:57:42,222
Did I stay with a man
that possibly murdered my child?
1883
01:57:42,431 --> 01:57:47,436
And it does raise a lot of questions.
1884
01:57:55,069 --> 01:57:59,698
The court rejected every single thing
that the State argued.
1885
01:57:59,865 --> 01:58:04,203
Basically saying Burnett was wrong in
not allowing a hearing based on the DNA.
1886
01:58:04,411 --> 01:58:09,333
One, by one, by one.
Just no, no, no. Wrong, wrong, wrong.
1887
01:58:09,917 --> 01:58:14,046
Finally the Supreme Court
has ruled in our favor.
1888
01:58:14,213 --> 01:58:18,675
Uh, we could not be more excited.
It was unanimous.
1889
01:58:18,884 --> 01:58:20,886
This is huge for Arkansas.
1890
01:58:21,095 --> 01:58:23,430
The Supreme Court is...
Has ruled in our favor.
1891
01:58:23,639 --> 01:58:27,851
The State Supreme Court
is on our side.
1892
01:58:28,060 --> 01:58:30,145
Finally. We won. We won.
1893
01:58:30,354 --> 01:58:34,358
The mother of Stevie Branch,
one of the three 8-year-olds killed
1894
01:58:34,566 --> 01:58:36,819
in that murder,
joins us now on the phone.
1895
01:58:37,027 --> 01:58:40,197
What is your reaction to the ruling
by the Arkansas Supreme Court
1896
01:58:40,364 --> 01:58:42,324
that the killers
can have a new hearing?
1897
01:58:42,533 --> 01:58:47,996
My reaction to it is,
now with the DNA evidence and things
1898
01:58:48,205 --> 01:58:52,126
that doesn't point
to the three men convicted,
1899
01:58:52,334 --> 01:58:56,505
that lets me know for sure
they didn't lay a hand on my son.
1900
01:59:01,218 --> 01:59:04,847
They keep constantly
pushing the date of the hearing back.
1901
01:59:05,055 --> 01:59:07,141
First they told us
it was gonna be in June.
1902
01:59:08,600 --> 01:59:11,103
Then they told us
it was gonna be in October.
1903
01:59:11,979 --> 01:59:15,190
Now they've pushed it
all the way back to December.
1904
01:59:15,983 --> 01:59:18,193
The wake of the victory was probably
1905
01:59:18,402 --> 01:59:21,280
the most difficult
and frustrating time for Lorri of all.
1906
01:59:21,446 --> 01:59:26,076
"Dearest Lorri, you never, ever
need to apologize for how you are feeling."
1907
01:59:26,243 --> 01:59:28,912
I totally understand what you said,
and why you said it,
1908
01:59:29,121 --> 01:59:31,915
and I'm glad you felt
you could say it to me.
1909
01:59:32,124 --> 01:59:34,376
This situation is so very hard.
1910
01:59:34,585 --> 01:59:37,212
You and Damien
have been treading water for years
1911
01:59:37,421 --> 01:59:40,007
and the shore never seems
to get any closer.
1912
01:59:40,215 --> 01:59:42,050
"It's no wonder you feel like giving up."
1913
01:59:42,259 --> 01:59:45,888
After years and years of filing
and hear... You know, this and that
1914
01:59:46,096 --> 01:59:47,806
and never-ending bureaucracy,
1915
01:59:48,015 --> 01:59:50,017
it keeps going back and forth.
1916
01:59:50,225 --> 01:59:55,147
To go 16 or 17 years and finally
have what was a remarkable victory,
1917
01:59:55,355 --> 01:59:57,191
and not simply for the three,
1918
01:59:57,399 --> 02:00:00,986
but about the whole nature
of DNA testing in Arkansas.
1919
02:00:01,195 --> 02:00:05,490
And then say, "Well, when will this
actually lead to Damien being released?"
1920
02:00:05,699 --> 02:00:07,951
And the answer being,
you know, who knows?
1921
02:00:08,160 --> 02:00:11,496
"it took me a while to understand
what you must have learned long ago."
1922
02:00:11,705 --> 02:00:15,000
Nothing, and I mean nothing,
comes easily with this case.
1923
02:00:15,209 --> 02:00:16,585
The breakthroughs are small
1924
02:00:16,793 --> 02:00:19,421
and the obstacles never seem
to decrease in size.
1925
02:00:19,630 --> 02:00:23,258
Any small piece of progress
is clawed from unforgiving rock.
1926
02:00:23,467 --> 02:00:25,302
All we can do is keep going.
1927
02:00:25,510 --> 02:00:29,640
If we keep on pounding on the wall,
it will break, because it must break.
1928
02:00:29,848 --> 02:00:32,392
All things eventually break.
1929
02:00:32,601 --> 02:00:36,230
I would love to see photos of the 1920s
house in Garton when you have them.
1930
02:00:36,438 --> 02:00:37,648
It sounds wonderful.
1931
02:00:37,856 --> 02:00:40,484
"Sending much love to you always,
Fran."
1932
02:00:41,526 --> 02:00:43,195
You're so worn down,
1933
02:00:43,403 --> 02:00:46,573
you know, you might get something
like say a common cold,
1934
02:00:46,782 --> 02:00:50,661
and the next thing you know, you're
laying in bed sick for next six months.
1935
02:00:50,869 --> 02:00:53,497
Damien, you know, he's struggling
1936
02:00:53,705 --> 02:00:58,126
because of the health issues
he's facing in prison,
1937
02:00:58,335 --> 02:01:02,047
just not having adequate nutrition,
not being able to go into the sunlight.
1938
02:01:02,256 --> 02:01:06,885
You know, lack of vitamin D.
His eyesight is starting to dim.
1939
02:01:08,971 --> 02:01:12,015
Everything in your
body is just hurting and shut down.
1940
02:01:12,182 --> 02:01:15,560
Mm-hm. It made me
wanna be nicer to you.
1941
02:01:17,896 --> 02:01:18,939
It did!
1942
02:01:19,147 --> 02:01:21,191
Sometimes it appears to me that
1943
02:01:21,400 --> 02:01:25,946
the attitude of the players involved
in this case are:
1944
02:01:26,154 --> 02:01:29,074
"Let's sweep this under the rug,
let's hope it goes away."
1945
02:01:29,283 --> 02:01:31,326
No one wants to admit
they made a mistake.
1946
02:01:31,535 --> 02:01:35,956
What about the lawsuits
that are gonna follow?
1947
02:01:36,164 --> 02:01:38,250
And who cares about that issue?
1948
02:01:38,458 --> 02:01:42,087
Let's just do the right thing,
it's simple to do the right thing.
1949
02:01:49,052 --> 02:01:52,973
Something we had always planned on
doing was to try to get the State to agree:
1950
02:01:53,181 --> 02:01:56,018
"Let's just go right to the new trial,
because, of course,."
1951
02:01:56,184 --> 02:01:58,895
Damien and Jason and Jessie
are sitting in the cooler
1952
02:01:59,062 --> 02:02:01,231
"each time there's a delay.
Let's get to it."
1953
02:02:05,652 --> 02:02:08,155
So the defense decided
to approach the State and say:
1954
02:02:08,363 --> 02:02:12,909
"Hey, let's skip the evidentiary hearing
and just go straight to a new trial."
1955
02:02:14,161 --> 02:02:18,332
Two weeks ago yesterday, we
sent Patrick Benca, our local counsel,
1956
02:02:18,540 --> 02:02:22,336
in to have a lunch meeting with
Dustin McDaniel, the attorney general.
1957
02:02:22,544 --> 02:02:26,089
I've known Dustin from law school
and I knew he'd be approachable about it.
1958
02:02:26,298 --> 02:02:29,134
I wasn't sure whether he would
take it in consideration.
1959
02:02:29,343 --> 02:02:34,056
Matter of fact, during the lunch
he said to me, "That's a big ask."
1960
02:02:34,222 --> 02:02:37,809
Um, but I felt that he was listening
to everything that I had to say.
1961
02:02:38,769 --> 02:02:42,105
Much to our surprise, the
discussions progressed sort of away
1962
02:02:42,314 --> 02:02:44,816
from the
"agree to the new trial" idea to
1963
02:02:45,025 --> 02:02:48,904
is there a way to reach a practical
resolution of this case for everybody?
1964
02:02:50,197 --> 02:02:51,948
The Attorney General brought in.
1965
02:02:52,157 --> 02:02:54,910
Scott Ellington,
a circuit county prosecutor.
1966
02:02:55,118 --> 02:02:57,454
He came to Little Rock
with a bunch of his lawyers.
1967
02:02:57,621 --> 02:03:02,709
The defense attorneys have
maintained complete innocence
1968
02:03:02,876 --> 02:03:05,545
on behalf of the defendants
all this time.
1969
02:03:05,712 --> 02:03:09,925
I mean, I don't underestimate our ability
to have obtained convictions
1970
02:03:10,133 --> 02:03:11,468
in these cases.
1971
02:03:11,676 --> 02:03:15,305
But I wasn't looking forward
to having to go to trial in this case,
1972
02:03:15,514 --> 02:03:20,894
because of the deterioration
of evidence.
1973
02:03:21,103 --> 02:03:25,357
Memories lost.
You know, stories changed.
1974
02:03:25,565 --> 02:03:28,985
Every time there was a filing,
you know, there was a DNA...
1975
02:03:29,194 --> 02:03:32,406
Came out in the paper
that there's new DNA, new DNA.
1976
02:03:33,031 --> 02:03:36,243
I was not looking forward to that.
1977
02:03:37,536 --> 02:03:42,541
We didn't want to show weakness
in maintaining the judgment,
1978
02:03:42,749 --> 02:03:48,296
so one of our positions was
the State is not making an offer.
1979
02:03:48,505 --> 02:03:51,675
The State said they're guilty.
Our guys said they're innocent.
1980
02:03:51,883 --> 02:03:53,593
How do you bridge those two gaps?
1981
02:03:53,760 --> 02:03:55,762
There's only a couple
of options in between.
1982
02:03:55,929 --> 02:03:57,305
We started making our pitches.
1983
02:03:57,514 --> 02:03:59,808
We started making our pitch
for the Alford plea,
1984
02:03:59,975 --> 02:04:01,893
which we talked about
before going in.
1985
02:04:02,853 --> 02:04:07,190
It's not a perfect resolution.
It will be a guilty plea,
1986
02:04:07,357 --> 02:04:10,277
but it's a very, very rare
and unique kind of guilty plea
1987
02:04:10,485 --> 02:04:13,155
where you get to
maintain your innocence.
1988
02:04:13,363 --> 02:04:15,449
Prosecutors hardly ever allow this,
1989
02:04:15,657 --> 02:04:18,785
and judges have the right to say,
"We're not gonna accept it
1990
02:04:18,952 --> 02:04:22,456
because can't maintain your innocence
and plead guilty at the same time."
1991
02:04:22,664 --> 02:04:25,292
It kind of seems oxymoronic.
1992
02:04:25,500 --> 02:04:29,296
I'm... I guess I'm kind of a
"shoot from the hip" guy to start with.
1993
02:04:29,504 --> 02:04:33,508
I kind of jumped on it real quick
and then the Attorney General and I
1994
02:04:33,717 --> 02:04:37,053
visited just briefly and he was like:
1995
02:04:37,262 --> 02:04:39,723
"Are you sure
that you want to agree to this?
1996
02:04:39,931 --> 02:04:45,520
Are you sure this is the right thing
for you, politically?"
1997
02:04:45,729 --> 02:04:48,482
Because he knows
I'm elected as a prosecutor.
1998
02:04:48,690 --> 02:04:50,442
And this could backfire.
1999
02:04:50,650 --> 02:04:54,821
We knew what we really needed to make
this deal, which is really only two points.
2000
02:04:54,988 --> 02:04:56,364
We needed it to be a deal
2001
02:04:56,531 --> 02:04:59,451
where the West Memphis Three
could maintain their innocence.
2002
02:04:59,618 --> 02:05:03,413
And we needed it to be a deal where they
got out of prison the day it was entered.
2003
02:05:03,580 --> 02:05:06,458
Not two years from now.
Not, "We'll consider you for parole."
2004
02:05:06,625 --> 02:05:08,376
Not 10 years more.
2005
02:05:08,585 --> 02:05:11,755
Enter the plea, maintain your innocence,
get out of jail.
2006
02:05:15,717 --> 02:05:19,137
This notice was released today out of
the Craighead County Circuit Court.
2007
02:05:19,304 --> 02:05:22,307
It's vague, saying that the court
will take up certain matters
2008
02:05:22,516 --> 02:05:25,185
pertaining to the West Memphis Three
case tomorrow.
2009
02:05:25,393 --> 02:05:27,229
It went to Damien first,
2010
02:05:27,938 --> 02:05:30,148
and Damien readily accepted it.
2011
02:05:31,149 --> 02:05:33,527
How you doing?
Then the deal went to Jessie.
2012
02:05:33,735 --> 02:05:35,362
Been a while.
It has been a while.
2013
02:05:35,570 --> 02:05:37,989
And Jessie accepted it.
We're almost home.
2014
02:05:38,198 --> 02:05:43,161
Which means by the time it got to Jason,
Jason had the full veto power.
2015
02:05:43,328 --> 02:05:45,705
If he said yes,
the deal would work for everybody.
2016
02:05:45,914 --> 02:05:49,793
If he said no, everybody was left
right where they were, in prison.
2017
02:05:50,001 --> 02:05:52,629
I come home, turn
the TV on, it's all over TV.
2018
02:05:52,837 --> 02:05:56,299
Rumor mill got started this afternoon,
and it's all over the place,
2019
02:05:56,508 --> 02:05:59,427
but I think everything's gonna
work out fine in the morning.
2020
02:06:00,971 --> 02:06:03,723
His position was, "I,
Jason, would rather stay in jail",
2021
02:06:03,932 --> 02:06:06,268
and fight this
with my last dying breath
2022
02:06:06,476 --> 02:06:09,479
"until somebody recognizes
I am 100 percent innocent."
2023
02:06:09,688 --> 02:06:14,234
There are reports that at least
two of the infamous West Memphis Three
2024
02:06:14,442 --> 02:06:16,319
could be released from prison.
2025
02:06:16,528 --> 02:06:19,656
And I told him
that I wanted three or nothing.
2026
02:06:24,995 --> 02:06:28,081
I didn't sleep much.
I think the last time I looked at the clock
2027
02:06:28,290 --> 02:06:30,292
it was 4:00 this morning.
2028
02:06:31,585 --> 02:06:35,130
Mixed emotions,
all type of things, so...
2029
02:06:38,425 --> 02:06:40,260
What do you think is going to happen?
2030
02:06:40,427 --> 02:06:43,847
Are you pretty sure, are you not sure,
you doubtful this would happen?
2031
02:06:44,055 --> 02:06:45,974
I'm not sure, I'm doubtful,
I don't know.
2032
02:06:46,182 --> 02:06:50,186
I'm just a pawn in this,
just like they are.
2033
02:06:50,395 --> 02:06:53,023
They've been a pawn
in this the whole time.
2034
02:06:53,231 --> 02:06:57,027
Now, I have to say, because I've been in
the Arkansas Department of Correction,
2035
02:06:57,235 --> 02:06:59,654
I understand
where they're coming from.
2036
02:06:59,863 --> 02:07:02,282
If I had to roll the dice
for my freedom
2037
02:07:02,490 --> 02:07:06,286
or get out today
by copping to a lesser plea,
2038
02:07:06,494 --> 02:07:09,914
I would probably take the plea
to get out of prison.
2039
02:07:10,123 --> 02:07:14,127
But then I'm stuck the rest
of my life with the stigma,
2040
02:07:14,294 --> 02:07:16,796
while the real killer walks free.
Who do you believe.
2041
02:07:16,963 --> 02:07:18,715
This is notjustice! Is the real killer?
2042
02:07:19,090 --> 02:07:22,552
No comment.
No comment?
2043
02:07:23,219 --> 02:07:25,847
Do you feel any relief? No.
2044
02:07:26,056 --> 02:07:27,682
None?
2045
02:07:28,475 --> 02:07:29,517
I gotta go.
2046
02:07:32,062 --> 02:07:34,272
What are you gonna do next, Terry?
2047
02:07:34,481 --> 02:07:37,317
Hey, hey, Terry,
just for a second...
2048
02:07:38,068 --> 02:07:41,279
There's the baby-killer. Talk to him.
2049
02:07:44,074 --> 02:07:46,076
This is a free world.
I can say what I want.
2050
02:07:46,284 --> 02:07:48,119
Freedom of speech,
First Amendment right.
2051
02:07:48,328 --> 02:07:52,165
I contacted the other attorneys,
asking them what was up.
2052
02:07:52,374 --> 02:07:54,376
If they knew anything
that was going on.
2053
02:07:54,584 --> 02:07:59,214
They really indicated
that they didn't know.
2054
02:08:01,174 --> 02:08:04,010
Jason was quite resolute
2055
02:08:04,219 --> 02:08:08,431
and not agreeing
to taking the Alford plea.
2056
02:08:08,640 --> 02:08:11,601
And, I mean, really that's about
2057
02:08:11,810 --> 02:08:16,940
the biggest illustration of his innocence
that you could ever imagine.
2058
02:08:17,691 --> 02:08:19,526
But this was really coming to a head,
2059
02:08:19,734 --> 02:08:24,072
and we didn't know how long
this offer was gonna be on the table.
2060
02:08:24,280 --> 02:08:26,491
And it was there for the taking.
2061
02:08:26,700 --> 02:08:30,036
We were trying to figure out
alternate ways to get in touch with him.
2062
02:08:30,245 --> 02:08:33,581
Somebody who cares about him
and loves him needs to be talking to him.
2063
02:08:33,790 --> 02:08:37,043
We need to get Holly.
It's busy.
2064
02:08:38,044 --> 02:08:40,255
I'm just gonna keep dialing
over and over.
2065
02:08:40,463 --> 02:08:43,091
You know, over the years
we've just grown to be...
2066
02:08:43,299 --> 02:08:46,469
I mean, I'm closer to Jason Baldwin
than I am to many people
2067
02:08:46,678 --> 02:08:49,097
that I have known my entire life.
2068
02:08:49,305 --> 02:08:54,269
Everybody just cannot believe
that he would choose to stay in prison
2069
02:08:54,436 --> 02:08:57,397
when he can walk out,
no matter what the reasons are.
2070
02:08:59,149 --> 02:09:02,152
I got a call from Lorri.
2071
02:09:02,360 --> 02:09:04,738
She said, "I'm gonna ask
Eddie Vedder to call you."
2072
02:09:05,822 --> 02:09:09,576
I was trying to explain to Jason,
look, anyone's gonna have to understand
2073
02:09:09,784 --> 02:09:11,953
locally and globally,
2074
02:09:12,162 --> 02:09:15,957
State of Arkansas is not gonna let go
of three convicted child murderers
2075
02:09:17,167 --> 02:09:21,713
based on time served.
It's implied that they don't have enough.
2076
02:09:21,921 --> 02:09:26,301
They don't have enough to keep them in.
They don't have enough to win a trial.
2077
02:09:26,968 --> 02:09:30,972
I was able to get a call in to the
prison to have Jason give me a call.
2078
02:09:31,181 --> 02:09:33,933
He said, "This isn't fair."
2079
02:09:34,142 --> 02:09:36,561
I don't wanna concede
anything to the State."
2080
02:09:36,770 --> 02:09:40,774
He did not wanna talk about it,
and he didn't call back.
2081
02:09:40,982 --> 02:09:42,776
And I was devaStated.
2082
02:09:42,984 --> 02:09:46,988
I believed in his decision,
and I didn't wanna question it.
2083
02:09:47,197 --> 02:09:52,035
I would never ask another man
to compromise his ideals.
2084
02:09:52,243 --> 02:09:55,079
But it was so close to freedom.
2085
02:09:55,288 --> 02:09:57,916
It was unbearable.
2086
02:09:59,417 --> 02:10:01,419
Not hearing from him
2087
02:10:01,628 --> 02:10:06,800
and not knowing what he was thinking
was unbearable.
2088
02:10:10,553 --> 02:10:13,181
Jason Baldwin is 16 years old.
2089
02:10:13,389 --> 02:10:15,225
He's been in jail for months.
2090
02:10:15,391 --> 02:10:16,976
And he's about to enter a trial
2091
02:10:17,143 --> 02:10:19,979
where prosecutors are going to ask
for the death sentence.
2092
02:10:20,188 --> 02:10:22,190
He's offered two deals in secret
2093
02:10:22,398 --> 02:10:26,236
if he would testify
that Echols had done the killing.
2094
02:10:27,028 --> 02:10:30,240
He tells the prosecutors,
"No, that would be a lie.
2095
02:10:30,448 --> 02:10:33,201
My mother raised me
better than that."
2096
02:10:33,409 --> 02:10:37,038
The 16-year-old refused,
not once, but twice.
2097
02:10:37,247 --> 02:10:40,750
At 16 years old, it
never even crossed his mind
2098
02:10:40,959 --> 02:10:45,171
to throw somebody
under the bus to save his own skin.
2099
02:10:46,047 --> 02:10:48,466
So Monday night,
I get this call from him.
2100
02:10:48,675 --> 02:10:51,261
He says, "Neither option is really fair."
2101
02:10:51,427 --> 02:10:54,973
I said to him, "if you wanted to do
something you didn't feel right about",
2102
02:10:55,139 --> 02:10:57,767
you could have done that
18 years ago and gone free."
2103
02:10:57,934 --> 02:11:00,478
And he said,
"Yeah, but the difference is, this time
2104
02:11:00,645 --> 02:11:03,231
I can set Damien free
by my decision."
2105
02:11:04,274 --> 02:11:08,695
I mean, that was his best friend,
you know.
2106
02:11:11,990 --> 02:11:16,077
This deal sucks,
but we want their freedom.
2107
02:11:16,744 --> 02:11:18,746
All rise.
2108
02:11:19,455 --> 02:11:23,126
Good morning, ladies and gentlemen.
Be seated, those of you who can.
2109
02:11:23,293 --> 02:11:25,962
We are still waiting
to find out...
2110
02:11:26,170 --> 02:11:30,633
I am David Laser, Circuit Judge of
Division 9, the Second Judicial District.
2111
02:11:30,842 --> 02:11:34,429
Continue today for this 11:00 hearing
on the West Memphis Three.
2112
02:11:34,637 --> 02:11:36,431
Will they be set free today?
2113
02:11:36,639 --> 02:11:39,267
Answer still unknown but,
of course, we will continue...
2114
02:11:39,475 --> 02:11:41,477
Mr. Echols,
Mr. Baldwin, Mr. Misskelley,
2115
02:11:41,686 --> 02:11:45,648
if you would stand, please,
and face the court.
2116
02:11:45,857 --> 02:11:50,028
Spend a lot of time trying to explain it.
They had a private, closed-door hearing...
2117
02:11:50,236 --> 02:11:53,865
Mr. Echols, how do you
wish to plead in this case?
2118
02:11:54,073 --> 02:11:56,826
Your Honor,
I am innocent of these charges,
2119
02:11:57,035 --> 02:12:01,664
but I'm entering an Alford guilty plea
today based on advice of my council.
2120
02:12:01,873 --> 02:12:04,751
And my understanding
that it's in my best interest to do so
2121
02:12:04,918 --> 02:12:06,753
given the entire record of the case.
2122
02:12:06,961 --> 02:12:10,381
Same as relates to you, Mr. Misskelley.
How do you wish to plead?
2123
02:12:10,590 --> 02:12:15,595
I am pleading guilty under North Carolina
v. Alford in the Arkansas rules.
2124
02:12:15,803 --> 02:12:18,222
Although I am innocent.
2125
02:12:19,933 --> 02:12:23,519
This is...
And this plea is in my best interest.
2126
02:12:24,562 --> 02:12:28,191
Everybody just be patient.
We're waiting too, like everyone else.
2127
02:12:28,399 --> 02:12:30,693
Just gotta stay in place.
2128
02:12:30,902 --> 02:12:35,281
Mr. Baldwin, how do you
choose to plead in this case?
2129
02:12:38,618 --> 02:12:41,621
Your Honor, first of all
I am innocent of murdering.
2130
02:12:41,829 --> 02:12:44,666
Christopher Byers,
Michael Moore and Steven Branch.
2131
02:12:44,874 --> 02:12:49,087
However, after serving 18 years
in the penitentiary for such,
2132
02:12:49,295 --> 02:12:52,924
I agree that it's in the State's
best interest, as well as my own,
2133
02:12:53,132 --> 02:12:55,969
that based upon
North Carolina v. Alford
2134
02:12:56,177 --> 02:13:00,181
that I plead guilty
for first-degree murder for those crimes.
2135
02:13:00,390 --> 02:13:01,599
All right.
2136
02:13:01,808 --> 02:13:05,395
The court finds that
there is a factual basis for the plea,
2137
02:13:05,603 --> 02:13:11,567
that the pleas are voluntary and will be
accepted and received by the court.
2138
02:13:12,986 --> 02:13:15,863
I'm aware of the controversy
that's existed.
2139
02:13:16,072 --> 02:13:18,866
I'm aware of the involvement
of the people in this case.
2140
02:13:19,075 --> 02:13:23,746
I don't think it'll make the pain go away
to the victims' families.
2141
02:13:24,831 --> 02:13:30,253
I don't think it will take away a minute
of the 18 years
2142
02:13:30,461 --> 02:13:32,964
that these three young men served
2143
02:13:33,131 --> 02:13:36,467
in the Arkansas Department
of Corrections.
2144
02:13:37,635 --> 02:13:41,472
What I've just described
is tragedy on all sides.
2145
02:13:41,681 --> 02:13:45,893
And I commend people in the case
that have assisted towards the end
2146
02:13:46,102 --> 02:13:50,314
of seeing that justice is served
to the best that we can do.
2147
02:13:50,523 --> 02:13:53,151
The tremendous judge.
2148
02:13:53,401 --> 02:13:57,739
Um... He didn't have to say the things
that he did at the end.
2149
02:13:58,364 --> 02:14:04,579
Sometimes outside help
is in fact a big help,
2150
02:14:04,787 --> 02:14:09,208
and for those of you who have been
a participant in that regard
2151
02:14:09,417 --> 02:14:13,421
that are here, I commend you
personally and publicly
2152
02:14:13,629 --> 02:14:16,382
for having done that.
2153
02:14:19,135 --> 02:14:24,015
It was great to see a crowd
of people outside of the courthouse,
2154
02:14:24,223 --> 02:14:28,394
you know, 18 years ago
were screaming for blood.
2155
02:14:30,605 --> 02:14:35,234
And Damien, Jessie and Jason
walked outwith their hands held high
2156
02:14:35,443 --> 02:14:39,822
and the crowd is cheering
and supporting them.
2157
02:15:04,514 --> 02:15:07,308
Some are happy, some are angry
and some are perplexed,
2158
02:15:07,517 --> 02:15:11,312
and that's the case at the end of
every trial, and this one is no different.
2159
02:15:11,521 --> 02:15:14,857
First of all, I understand
that nobody in that room
2160
02:15:15,066 --> 02:15:19,445
wanted to hear from me, particularly.
2161
02:15:19,654 --> 02:15:23,116
I needed to be heard by my voters,
2162
02:15:23,324 --> 02:15:25,868
and I needed to offer
some explanation.
2163
02:15:26,077 --> 02:15:27,870
I'll tell you, let me tell you this.
2164
02:15:28,079 --> 02:15:31,124
This judge was most likely
going to grant a new trial.
2165
02:15:31,332 --> 02:15:34,377
As far as gathering up evidence,
I hadn't gotten there yet.
2166
02:15:34,585 --> 02:15:37,797
I've not reviewed reams and reams
and volumes and boxes and boxes,
2167
02:15:38,005 --> 02:15:41,217
but the evidence I've seen,
I believe these guys are guilty.
2168
02:15:41,425 --> 02:15:42,844
I know they pled guilty.
2169
02:15:43,052 --> 02:15:44,887
With their entry of a plea of guilty,
2170
02:15:45,096 --> 02:15:49,976
we have removed the question
2171
02:15:50,143 --> 02:15:52,645
of them filing a civil law suit
against the State
2172
02:15:52,854 --> 02:15:55,189
that could result
in many millions of dollars.
2173
02:15:55,398 --> 02:15:57,984
I mean,
because you have three individuals
2174
02:15:58,192 --> 02:16:02,905
times 18 years is 54,
I mean, so, 60ish?
2175
02:16:03,114 --> 02:16:05,408
I have spoken with members
of victims' families
2176
02:16:05,616 --> 02:16:09,537
and I can tell you that they are still
suffering the loss of the little boys.
2177
02:16:09,745 --> 02:16:11,914
We put to rest a question
for these families
2178
02:16:12,123 --> 02:16:14,250
of the little boys that were killed.
2179
02:16:14,458 --> 02:16:17,670
These three individuals
pled guilty to the murder
2180
02:16:17,879 --> 02:16:19,964
of those three little boys that day.
2181
02:16:20,173 --> 02:16:23,009
That put that matter to rest.
2182
02:16:23,217 --> 02:16:25,469
Period. End of sentence.
2183
02:16:25,678 --> 02:16:28,764
Heh. I don't even know where to begin.
2184
02:16:28,931 --> 02:16:30,266
I guess we eat, right?
2185
02:16:30,433 --> 02:16:36,397
I was dead-set against this, like a mule.
And I am not moving an inch.
2186
02:16:37,481 --> 02:16:40,067
I was just trapped up in it,
just by myself.
2187
02:16:40,276 --> 02:16:43,487
You reminded me that I'm not by myself
and I gotta think of everybody.
2188
02:16:43,696 --> 02:16:46,908
I have absolutely no idea
what I'm doing.
2189
02:16:47,617 --> 02:16:50,620
I'm just enjoying
the moment, right?
2190
02:16:51,120 --> 02:16:52,747
I think that's cheese.
2191
02:16:52,955 --> 02:16:55,124
You think it's what?
There's cheese in there.
2192
02:16:55,333 --> 02:16:59,962
Yeah. Cheese. Have you had cheese?
Yeah, but not in a salad.
2193
02:17:00,838 --> 02:17:04,634
All right, I'm done with the salad.
Okay, let's move on.
2194
02:17:04,842 --> 02:17:10,264
And it's not just this war
between one person and the State.
2195
02:17:10,473 --> 02:17:16,395
It is everybody involved, you know,
and it was, like, how could I forget?
2196
02:17:19,065 --> 02:17:21,067
Mom! Ha-ha-ha!
2197
02:17:30,243 --> 02:17:32,245
I still feel like it's a dream.
2198
02:17:32,453 --> 02:17:36,040
I just talked to you Monday
and you didn't tell me nothing.
2199
02:17:36,249 --> 02:17:39,669
I wanted to. Free man.
2200
02:17:41,379 --> 02:17:44,465
It's my suitcase. Check it out, pretty cool.
I like that.
2201
02:17:44,674 --> 02:17:48,678
I called him yesterday and said, "I got
a little suitcase and it's all packed."
2202
02:17:48,886 --> 02:17:52,098
And he said,
"I've never had a suitcase before."
2203
02:17:53,391 --> 02:17:55,017
It's these things.
2204
02:17:56,894 --> 02:18:00,898
Gosh, I love you so much.
I love you too.
2205
02:18:05,361 --> 02:18:07,655
Every time I turn around,
you wanna talk to me.
2206
02:18:07,863 --> 02:18:12,326
Look, every time I turn around.
It's great. It's a great feeling.
2207
02:18:12,535 --> 02:18:15,037
I'm used to the guards
being around me all the time.
2208
02:18:15,246 --> 02:18:17,540
Every now and then,
I turn around, make sure,
2209
02:18:17,748 --> 02:18:20,334
you know, damn, is this really real?
2210
02:18:20,543 --> 02:18:23,004
Hey, man. How you doing, man?
2211
02:18:23,212 --> 02:18:27,091
It's a blessing, you know, to
be here with my family and friends.
2212
02:18:28,050 --> 02:18:30,636
Last time I seen them,
we was all kids and everything.
2213
02:18:30,845 --> 02:18:32,972
And here we are, grown up now.
2214
02:18:33,723 --> 02:18:36,267
That's really what
kept me going over the years.
2215
02:18:36,475 --> 02:18:38,853
When are you gonna
come to the house and say hi?
2216
02:18:39,061 --> 02:18:40,646
Prison is really hard.
2217
02:18:40,855 --> 02:18:45,776
You know, if I could stay out of prison,
I could go anywhere I want to, free man.
2218
02:18:45,985 --> 02:18:48,863
All I just got to do is, you know,
just stay out of trouble.
2219
02:18:49,071 --> 02:18:51,699
That's why I'm trying
to do things different in my life.
2220
02:18:52,742 --> 02:18:54,910
So I know I can do it.
2221
02:18:57,330 --> 02:19:01,667
I think we all had our mental image
of what this was gonna be at the end.
2222
02:19:01,876 --> 02:19:07,131
Which was three of these guys
walking out of the courtroom exonerated.
2223
02:19:08,382 --> 02:19:13,054
Everything I had in the prison,
I carried out in one small envelope.
2224
02:19:13,637 --> 02:19:15,973
Everything else,
when they told me I was leaving,
2225
02:19:16,140 --> 02:19:18,309
they said, "Pack up
whatever you wanna take."
2226
02:19:18,476 --> 02:19:21,479
I just threw it all in the garbage
and left it.
2227
02:19:24,565 --> 02:19:27,401
When he first left the
courthouse, he looked at me and said:
2228
02:19:27,610 --> 02:19:32,990
"It already feels like it's been such
a long time ago since I was in prison."
2229
02:19:33,199 --> 02:19:36,744
Within an hour of the time we
were out, it already felt that way.
2230
02:19:36,952 --> 02:19:39,997
And I think, in some ways,
maybe it's a little harder for Lorri
2231
02:19:40,164 --> 02:19:45,920
than it is for me because I've never had
a really solid foundation in my life.
2232
02:19:46,128 --> 02:19:50,132
When I was young, we were constantly
on the move, constantly on the go.
2233
02:19:50,341 --> 02:19:54,553
We never had a place that
we called home for long periods of time.
2234
02:19:54,762 --> 02:19:58,224
"Time to vamp up your wardrobe.
Fall is coming."
2235
02:19:58,432 --> 02:20:00,726
Yeah, we're gonna have
a early Halloween party
2236
02:20:00,935 --> 02:20:03,145
since we're gonna be gone
for October.
2237
02:20:03,354 --> 02:20:05,773
We're gonna do it
at the end of September.
2238
02:20:06,941 --> 02:20:10,653
Our time together now
is more gentle in a way.
2239
02:20:10,861 --> 02:20:13,781
What do you think about that stuff?
That fake spiderweb stuff?
2240
02:20:13,989 --> 02:20:15,032
I love it.
2241
02:20:15,241 --> 02:20:16,617
Think we should get it? Yeah.
2242
02:20:16,826 --> 02:20:19,328
When you're in prison
you get three hours a week,
2243
02:20:19,537 --> 02:20:21,997
so you feel very desperate
and rushed.
2244
02:20:22,206 --> 02:20:25,835
Like you're trying to wring
every second out of it that you can.
2245
02:20:26,669 --> 02:20:31,298
And it's like being out here
and being together 24 hours a day,
2246
02:20:31,507 --> 02:20:36,470
you just feel like you're able to relax
into each other a little more.
2247
02:20:37,096 --> 02:20:39,473
There's a bit of grief.
You leave people you love.
2248
02:20:39,640 --> 02:20:41,851
You don't know when
you're gonna see them again.
2249
02:20:42,059 --> 02:20:44,019
If you can ever go back
to that place.
2250
02:20:44,228 --> 02:20:47,523
Because we don't plan
on going back to Arkansas.
2251
02:20:49,150 --> 02:20:51,569
I don't look at the political aspirations,
2252
02:20:51,777 --> 02:20:54,989
the greed, the evil,
the cruelty or anything else.
2253
02:20:55,197 --> 02:20:59,034
Because for me, it's over.
For me, I'm ready to move on.
2254
02:21:00,411 --> 02:21:03,706
When you first asked me about the
letters, I got them out of storage,
2255
02:21:03,914 --> 02:21:06,292
and it felt so foreign to me.
2256
02:21:07,751 --> 02:21:09,044
Thank you. You too.
2257
02:21:09,253 --> 02:21:11,464
So then we talked
about burning them all.
2258
02:21:11,630 --> 02:21:14,216
We thought the best thing to do
is take all the letters.
2259
02:21:14,383 --> 02:21:17,261
Just burn them, so they never...
No one will ever read them.
2260
02:21:17,470 --> 02:21:19,680
There's so many things,
it's so personal.
2261
02:21:19,847 --> 02:21:22,600
I happened to pull one out
that was about six months
2262
02:21:22,766 --> 02:21:26,437
into when we were writing to each other
and I thought, "That's not so bad."
2263
02:21:27,813 --> 02:21:31,692
And there are elements of it that
remind me of how we talk today, so...
2264
02:21:32,735 --> 02:21:35,738
"My dearest Lorri,
I love the letter I got from you today,"
2265
02:21:35,946 --> 02:21:37,531
the one about us changing.
2266
02:21:37,740 --> 02:21:41,285
You were right,
we should be looking forward, not back.
2267
02:21:44,288 --> 02:21:46,499
You give me the strength
to face anything,
2268
02:21:46,707 --> 02:21:49,502
but I also know
that not everyone is like you.
2269
02:21:49,710 --> 02:21:54,548
"If they were... If they were,
then everyone would be in love."
2270
02:21:55,007 --> 02:21:59,887
Right, well. "I love the way
Master and Margarita ends."
2271
02:22:00,095 --> 02:22:03,057
The way they get to spend
eternity together, alone.
2272
02:22:03,265 --> 02:22:06,018
"That they are granted peace."
2273
02:22:06,227 --> 02:22:09,563
"And you are left to wonder
what adventures they'll have next."
2274
02:22:09,730 --> 02:22:12,316
♪ And don't you worry
2275
02:22:12,483 --> 02:22:14,777
♪ I believe your story
2276
02:22:14,944 --> 02:22:20,824
♪ You were put away
For something you didn't do
2277
02:22:20,991 --> 02:22:24,870
"That's the way I imagine you
and I, just saying goodbye to everyone"
2278
02:22:25,079 --> 02:22:27,581
and beginning our own journey
2279
02:22:28,541 --> 02:22:32,503
"to places that neither of us
have ever known before."
2280
02:23:09,123 --> 02:23:12,334
♪ When I come to see you a'
2281
02:23:12,501 --> 02:23:15,212
♪ What will I bring? a'
2282
02:23:15,379 --> 02:23:17,923
♪ The wisdom of a poet r
2283
02:23:18,090 --> 02:23:20,509
♪ The color of a dream r
2284
02:23:20,676 --> 02:23:23,512
♪ And I leave with three roses 4'
2285
02:23:23,679 --> 02:23:26,348
♪ Made from a magazine ♪
2286
02:23:26,515 --> 02:23:31,895
♪ More beautiful to me
Than any flower in the spring a'
2287
02:23:32,062 --> 02:23:35,274
♪ And the feel of summer a'
2288
02:23:35,441 --> 02:23:38,193
♪ Turn into fall a'
2289
02:23:38,360 --> 02:23:42,323
♪ Anything made of paper
That's all S
2290
02:23:43,532 --> 02:23:45,618
♪ That's all a'
2291
02:23:46,577 --> 02:23:50,873
♪ That's all a'
2292
02:23:52,333 --> 02:23:55,044
♪ In the shadows of religion 4'
2293
02:23:55,210 --> 02:23:58,130
♪ Some think we find the truth a'
2294
02:23:58,297 --> 02:24:00,966
♪ But innocence is stricken 4'
2295
02:24:01,133 --> 02:24:03,427
♪ Without an ounce of proof I
2296
02:24:03,594 --> 02:24:06,722
♪ While the wheels of injustice a'
2297
02:24:06,889 --> 02:24:09,016
♪ Can turn mighty fast a'
2298
02:24:09,183 --> 02:24:12,436
♪ Another blood moon of October a'
2299
02:24:12,603 --> 02:24:15,230
♪ Will silently pass f
2300
02:24:15,397 --> 02:24:18,067
♪ With words of love a'
2301
02:24:18,233 --> 02:24:21,195
r In a telephone call a'
2302
02:24:21,362 --> 02:24:25,783
♪ And anything made of paper
That's all S
2303
02:24:26,617 --> 02:24:28,911
What's all I
2304
02:24:29,495 --> 02:24:33,957
♪ That's all a'
2305
02:24:34,541 --> 02:24:39,088
♪ Anything made of paper
That's all S
2306
02:25:05,447 --> 02:25:11,245
♪ In the inside world
Where bitterness grows a'
2307
02:25:11,412 --> 02:25:16,917
♪ Your heart has found the passion
To see what's in your soul a'
2308
02:25:17,084 --> 02:25:22,673
♪ And late at night
On an angel's wing f
2309
02:25:22,840 --> 02:25:28,846
♪ You hold on till tomorrow
To see what it brings I
2310
02:25:29,012 --> 02:25:34,351
♪ Any news
No matter how small a'
2311
02:25:34,518 --> 02:25:39,064
♪ And anything made of paper
That's all S
2312
02:25:39,815 --> 02:25:42,067
♪ That's all a'
2313
02:25:42,609 --> 02:25:47,114
♪ That's all a'
2314
02:25:47,698 --> 02:25:52,119
♪ Anything made of paper
That's all S
2315
02:26:13,182 --> 02:26:18,937
♪ In the inside world
Where bitterness grows a'
2316
02:26:19,104 --> 02:26:24,610
♪ Your heart has found the passion
To see what's in your soul a'
2317
02:26:24,777 --> 02:26:30,407
♪ And late at night
On an angel's wing f
2318
02:26:30,574 --> 02:26:36,538
♪ You hold on till tomorrow
To see what it brings I
2319
02:26:36,705 --> 02:26:42,211
♪ Any news
No matter how small a'
2320
02:26:42,377 --> 02:26:46,465
♪ And anything made of paper
That's all S
2321
02:26:47,674 --> 02:26:49,927
♪ That's all a'
2322
02:26:50,677 --> 02:26:52,805
♪ That's all N'
225319
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