Jury Decisions in the
West Memphis Three Trials
Jury
Chart for Jason Baldwin Verdict
Announcement in Misskeely Trial
Verdict
Announcement in Echols/Baldwin Trial (guilt phase)
Jury
Announcment in Echols/Baldwin Trial (punishment
phase) Statements
by Baldwin and Echols Judge
Burnett sentences Echols to death
Chart prepared by jurors in the penalty phase of the
1994 Echols/Baldwin trial showing "pros" and "cons"
relating to Damien Echols
Jury Chart for Jason
Baldwin: pros and cons
Announcement
of Verdict in the Jesse Misskelley Trial
(February 4, 1994)
THE COURT: Alright, ladies and
gentlemen, have you arrived at a verdict or
verdicts? Mr. Foreman, if you'd hand it to the
sheriff please, or -- hand them to the sheriff.
Alright, your verdicts are in good form, and
read as follows:
We, the jury, having found Jessie Lloyd
Misskelley Jr. guilty of first-degree murder in
the death of Michael Moore fix this sentence at
a term of life in the Arkansas Department of
Corrections. Signed by T.J. Williams, foreman.
Is this your unanimous verdict, ladies and
gentlemen?
MULTIPLE VOICES: Yes, yes your Honor.
THE COURT: Count two. We, the jury, having found
Jessie Lloyd Misskelley guilty of second-degree
murder in the death of Steven Branch fix this
sentence at a term of twenty years in the
Arkansas Department of Corrections. Again,
signed by the foreman, T.J. Williams. Is that
your unanimous verdict, ladies and gentlemen?
(NO AUDIBLE RESPONSE)
THE COURT: Alright, verdict uh, form three. We,
the jury, having found Jessie Lloyd Misskelley
Jr. guilty of second-degree murder in the death
of Christopher Byers fix his sentence at a term
of twenty years in the Arkansas Department of
Correction. Signed by T.J. Williams, foreman. Is
that your unanimous verdict, ladies and
gentlemen?
MULTIPLE VOICES: Yes.
THE COURT: Questions, gentlemen? Do you want the
jury polled?
STIDHAM: Yes, your Honor.
THE COURT: Alright, again ladies and gentlemen,
if these are your verdicts, as your name is
called please answer yes.
CLERK: Carla Pratt.
RESPONSE: Yes.
CLERK: Stephen Green.
RESPONSE: Yes.
CLERK: James Rainwater.
RESPONSE: Yes.
CLERK: Theresa Burgess.
RESPONSE: Yes.
CLERK: Ronnie Smith.
RESPONSE: Yes.
CLERK: Lloyd Champion.
RESPONSE: Yes.
CLERK: Margie Woods.
RESPONSE: Yes.
CLERK: Donna Ludina Moore.
RESPONSE: Yes.
CLERK: Janet Luter.
RESPONSE: Yes.
CLERK: April Lundstrom.
RESPONSE: Yes.
CLERK: Aubrey Dacus.
RESPONSE: Yes.
CLERK: T.J. Williams.
RESPONSE: Yes.
THE COURT: Any other questions, gentlemen?
Alright, ladies and gentlemen, with the thanks
of the Court for your consideration of this
case, you'll be excused from further attendance
and need not report back in the morning at 9:30
-- and for that matter, for the next two years,
uh, you'll be exempt from jury duty. I thank you
very much for your consideration of, of a
difficult case and one that obviously had uh,
ramifications that are not normally uh found in
criminal cases uh the attention, the pressure I
know you went through, and I certainly
appreciate your hard work and dedication, and
thank you very much.
I have been asked to inquire of you by the media
whether or not you want one of your member to be
a spokesman, whether or not you choose not to
make any statement whatsoever, and I want to
point out to you you're not obligated to say
anything to anyone about your deliberations. If
you all would like to have a minute or two to
discuss that before you depart uh --
MULTIPLE VOICES: We have discussed it.
THE COURT: You have discussed it? Alright, and
what, what is your pleasure in that matter?
MULTIPLE VOICES: No comment, no comment.
THE COURT: Alright, then, then I'll certainly
honor that and I'll expect everyone else to. And
you're not obligated to make any statement to
anyone, so. With the thanks of the Court, you're
free to go, and I really appreciate your
consideration. If you'd like, I can have
officers escort you to your cars, and um, you're
free to go. I want everybody to remain in the
courtroom while the jury departs.
Everyone please rise while the jury leaves.
(COURTROOM NOISES)
Alright, you may be seated.
Alright, Mr. Misskelley, if you could come
around the front here, and Dan and... I need
another docket sheet, a blank.
UNKNOWN: (INAUDIBLE)
THE COURT: You want me to just write on the
blank one in the back, and then y'all move it?
(MUMBLING)
THE COURT: Alright, Mr. Misskelley, did you hear
the jury's finding and the reading of the
verdict in your case?
MISSKELLEY: Yes, sir.
THE COURT: Do you have any legal reason or cause
to tell the Court why sentence should not be
imposed at this time?
MISSKELLEY: (MUMBLE)
THE COURT: You're gonna have to an -- I heard
you, but you need to answer out a little bit
louder.
MISSKELLEY: No, sir.
THE COURT: Alright. Uh, it's my responsibility
and duty to tell you that you have a right to
appeal your convictions in these cases. You must
give notice within the statutory period of time,
you have court appointed counsel that can
consult with you and your family in that regard.
But you are notified you do have a right to
appeal and you're entitled uh, to a bond on
these charges. Do you gentlemen want an appeal
bond fixed at this time or you -- 'cause it
starts your time running -- or do you wanna
discuss that with Mr. Misskelley and his family?
STIDHAM: We'll have to discuss that, your Honor.
THE COURT: Alright. Is there anything you want
to say before sentence is imposed? You have a
right to make any statement you care to at this
time.
MISSKELLEY: No, your Honor.
THE COURT: You also have a right to have your
attorneys make any comment in your behalf that
you want them to. You understand that?
MISSKELLEY: Yes, sir.
STIDHAM: Your Honor, the one comment that we'd
like to make is we respectfully request the
Court to run the sentences concurrently as
opposed to consecutively.
THE COURT: Alright, well, I, I understand your
statement in that regard, and of course, that's
a matter that addresses itself to the discretion
of the Court and I'll con -- I'll consider that.
Um, is there anything else you want to say to
the Court or do you have any questions you want
to ask the Court at this time?
MISSKELLEY: No, sir.
THE COURT: Are you satisfied with the service
and advice of your attorneys through this trial?
MISSKELLEY: Yes, sir.
THE COURT: Alright. Alright, based upon the
jury's verdict finding you guilty of
first-degree murder in the death of Michael
Moore, you'll be adjudicated guilty and you'll
be sentenced to the Arkansas Department of
Corrections for a term of life.
And in the count involving the death of Steven
Branch, the jury having found you guilty of
second-degree murder, you'll be adjudicated
guilty and be sentenced to an additional term of
twenty years in the Arkansas Department of
Corrections.
And in regard to the death of Christopher Byers,
the jury having found you guilty of
second-degree murder, you'll be adjudicated
guilty of second-degree murder and be sentenced
to an additional term of twenty years in the
Arkansas Department of Corrections.
It'll be the finding of the Court that all of
those sentences will, will run consecutively.
That is, you will receive a life sentence plus
forty years. And that'll be the judgment of the
Court.
You'll be remanded to the custody of the sheriff
for immediate transportation to the Department
of Corrections.
Mr. Sheriff, you'll be directed to forthwith
take him to the Arkansas Department of
Corrections and delivered to the proper
custodian. And that'll be the judgment of the
Court, and this Court will be in recess until
February the 22nd. |
Announcement
of Verdict in the Damien Echols/Jason Baldwin Trial
(Guilt phase)(March 18, 1994)
JONESBORO, ARKANSAS, MARCH 18,
1994, AT 9:30 A. M.
(JURY ENTERING JURY ROOM AT 9:30 A. M.)
(JURY ENTERING COURTROOM AT 3:30 P. M.)
The Bailiff: Court will be in session. Be
seated.
The Court: Alright, ladies and gentlemen, the
bailiff informs me that you've arrived at
verdicts. If you have, pass them to the bailiff,
please -- or the Sheriff.
Foreperson: (COMPLIES)
The Court: Alright, your verdicts are in good
form and reads as follows. And before I announce
the verdict, ladies and gentlemen, I understand
that there’s a great deal of emotion from
everyone involved. The courtroom is not a place
to display that emotion and I will not tolerate
and cannot tolerate a display of emotion, so if
you feel the need to express yourselves you need
to get up and go outside the courtroom to do so.
And, again, I understand any emotion that you
might feel.
The first verdict reads as follows:
We, the jury, find Damien Echols guilty of
capital murder in the death of Stevie Branch.
We, the jury, find Damien Echols guilty of
capital murder in the death of Chris Byers.
We, the jury, find Damien Echols guilty of
capital murder in the death of Michael Moore.
We, the jury, find Jason Baldwin guilty of
capital murder in the death of Chris Byers.
We, the jury, find Jason Baldwin guilty of
capital murder in the death of Stevie Branch.
We, the jury, find Jason Baldwin guilty of
capital murder in the death of Michael Moore.
All the verdicts are signed by the foreman.
Ladies and gentlemen, it’s necessary at this
time that the Court poll the jury as to all six
verdicts. So, when your name is called, if these
six verdicts represent your individual verdict
then answer "yes" as your name is called.
The Clerk: Peggy Roebuck?
Juror number 1: Yes.
The Foreman: Judge---
The Court: Pardon?
The Foreman: Do you have to use names?
Mr. Price: Numbers? Initials?
The Court: You won’t know your number, will you?
The Foreman: I'm one, two, three, four.
The Court: Alright, call them in that fashion.
That’ll be alright.
The Clerk: Juror number 1?
The Court: Juror number 1?
Juror number 1: Yes.
The Clerk: Juror number 2?
Juror number 2: Yes.
The Clerk: Juror number 3?
Juror number 3: Yes.
The Clerk: Juror number 4?
Juror number 4: Yes.
The Clerk: Juror number 5?
Juror number 5: Yes.
The Clerk: Juror number 6?
Juror number 6: Yes.
The Clerk: Juror number 7?
Juror number 7: Yes.
The Clerk: Juror number 8?
Juror number 8: Yes, your Honor.
The Clerk: Juror number 9?
The Court: Who’s that? Remember who number 9 is?
Hold up your hand if you haven't answered.
Juror number 11: I’m 11, yes.
Juror number 12: I’m 12, yes.
The Court: Who’s 10? Yes?
Juror number 10: I'm number 10. Yes.
The Court: That’s everyone. Alright, any further
questions gentlemen regarding that verdict?
Mr. Ford: I didn't hear Mr. Billingsley.
The Court: Mr. -- well everybody knows your
name.
Juror number 9: Yes.
The Court: Your verdict, these are, do represent
your verdicts?
Juror number 9: Yes.
The Court: Alright gentlemen, if there are no
further questions then the Court’s ready -- Mr.
Foreman, I understand that you have expressed a
desire not to be questioned by the media
whatsoever or to be contacted about your
decision in this case at this point. Ofcourse
each of you understand that it will be necessary
for the court to read you additional jury
instructions and for the State and the
defendants to produce any aggravation or
mitigation that that they care to. That probably
is going to take us a few minutes to get it
together. Gentlemen, do you have any idea?
Mr. Price: Judge, if we could approach the
bench.
The Court: Alright.
(Bench conference)
Mr. Wadley: Your Honor, you told us this morning
we could -- you told us today if they hadn't
reached a verdict by twelve-thirty we could do
it in the morning.
The Court: Yes, but they’ve expressed an
interest through the foreman of wanting to do it
today.
Mr. Price: Our witnesses are not here today,
Judge.
The Court: Is there no way you can get them
here?
Mr. Price: Not in four hours from Pine Bluff, no
sir.
Fogleman: Can you -- and I’m just asking --
Mr. Price: Sure.
Fogleman: Do you have some you could put on this
afternoon?
Mr. Wadley: Judge, I'd rather do it all together
in the morning.
The Court: Well, I understand the dilemma.
(Return to open court)
The Court: Alright ladies and gentlemen, and Mr.
foreman you expressed a desire to continue today
and course it’s fifteen to four, there’s a
sufficient period of time for you to work and
deliberate and I recognize that. However, the
mechanics of the rest of the proceeding on
punishment will allow the defendants to put on
mitigation, which means they can call witnesses.
Those witnesses are simply not available today.
Some are away, some are in Little Rock, did you
indicate Little Rock?
Mr. Price: Yes sir, we need to check to see when
he can get here.
The Court: Other locations, it’s just -- as much
as I hate to have to come back tomorrow, that’s
what we’re gonna have to do. Or -- (pause) I
don’t know any other choice gentlemen, do you?
Mr. Price: We would need to make a phone call,
judge.
The Court: Pardon?
Mr. Price: We would need to make a phone call to
make sure one particular witness would be
available tomorrow.
The Court: You mean there’s a possibility they
couldn’t be available tomorrow morning?
Mr. Price: That’s -- that’s correct, there’s a
possibility that we need to check on.
(Pause)
The Court: Well, make your phone call. We’ll
recess for a few minutes here and then -- I’m
planning on proceeding tomorrow morning.
Gentlemen, do y’all have any problem with
tomorrow morning? Are you all ready?
Unidentified: Yes we are, your Honor.
The Court: Well, I would prefer going ahead
today myself, it’s physically going to be
impossible. I recognize that today’s another day
and that you probably -- you’ve worked 12 or so
hours on it and you’d like to finish it, but it
might be best that you get a good nights sleep
and come back tomorrow and finish this. So Mr.
Foreman, I think that’s what we’re gonna have to
do. As much as I regret it, but that’s what will
have to be done.
(Inaudible)
The Court: Well, I don’t think they could get
them from Little Rock here. Do y’all have any
witnesses that are available today? Are you all
going to have to put on any additional proof?
Mr. Fogleman: Your Honor, not --
Mr. Davis: I don’t think it will be testimony.
Mr. Fogleman: We might be --
The Court: Paper, paper proof, not testimony.
And you’ll have testimony?
Mr. Price: Yes.
The Court: How many witnesses?
Mr. Price: Three to five, your Honor
The Court: Length of time?
Mr. Price: One witness -- one witness would be
probably an hour to an hour and a half of our
testimony, with room for cross examination. The
others would not be as long. There would be also
some, some other evidence.
The Court: Gentlemen, how many witnesses do you
anticipate?
Mr. Ford: We don’t know at this time, your Honor
The Court: Alright well, I’m gonna let the jury
go until in the morning then. Alright ladies and
gentlemen, again, since you’ve concluded, and
the Court will accept your verdicts in the case
as the verdict as to the guilt or innocence,
you’ll need to be further instructed on
punishment and hear -- I imagine a couple of
hours of additional, maybe 3 hours of additional
testimony. And then retire to consider the
punishment. The Court will have to give you
detailed instructions in that regard so. You’re
again reminded that you’re still not to discuss
this case with anyone and you’re free to go
until in the morning at 9:30. I don’t want
anybody to even attempt to talk to or interfere
with any of the jurors whatsoever. In fact I’m
gonna have you have officers escort to your
vehicles. But we’ll simply have to come back
tomorrow morning. I want everybody to remain in
the courtroom while the jury departs.
(JURY EXITING COURTROOM) |
Announcement
of Verdict in the Damien Echols/Jason Baldwin Trial
(Punishment phase)(March 19, 1994)
(JURY LEAVING THE COURTROOM AT
2:05 P.M.)
THE COURT: I want to be sure the record reflects
that you understood the Court's ruling --
MR. PRICE: -- Yes, sir --
THE COURT: -- that Mr. Echols did have and would
have been permitted an opportunity to make any
statement in the sentencing phase had he chosen
to do so.
MR. PRICE: Yes, sir.
THE COURT: As far as the right of allocution,
the Court will again afford him the right of
allocution at the time of pronouncement of any
sentence.
MR. PRICE: Yes, sir. We understand the Court's
ruling.
THE COURT: I just wanted to be sure it was
(3543)
(PAGE 3544 IS MISSING)
(EXAMINING) All right, ladies and gentlemen,
your verdicts are in good form and read as
follows:
We the jury after careful deliberation have
unanimously determined that the following
aggravating circumstance or circumstances
existed beyond a reasonable doubt at the time of
commission of capital. It is checked and signed
by the foreman as a unanimous finding.
The murder of Michael Moore committed by Jason
Baldwin was committed in an especially cruel and
depraved manner.
We the jury after careful deliberation have
unanimously determined that the following
aggravating circumstance or circumstances
existed beyond a reasonable doubt at the time of
the commission of the capital murder.
The murder of Stevie Branch committed by Jason
Baldwin was committed in an especially cruel and
depraved manner.
We the jury after careful deliberation have
unanimously determined that the following
aggravating circumstance or circumstances
existed beyond a reasonable doubt at the time of
the commission of the capital murder.
The capital murder of Chris Byers committed by
(3545) Jason Baldwin was committed in an
especially cruel or depraved manner.
Form two, count two. The following mitigating
circumstances were unanimously found in regard
to Jason Baldwin in the death of Stevie Branch.
The capital murder was committed while Jason
Baldwin was acting under unusual pressures or
influences or under the domination of another
person.
The youth of Jason Baldwin at the time of the
commission of the capital murder.
The capital murder was committed by another
person and Jason Baldwin was an accomplice and
his participation relatively minor.
Jason Baldwin has no significant history of
prior criminal activity.
There were no other mitigating factors found and
it is appropriately signed as a unanimous
finding by the foreman.
Form two, mitigating circumstances as to count
three. We the jury find in regard to Jason
Baldwin that the following mitigating
circumstances probably existed at the time of
the murder.
A unanimous finding that the capital murder was
committed while Jason Baldwin was acting under
unusual pressures or influences or under the
domination of (3546) another person.
The youth of Jason Baldwin at the time of the
commission of the capital murder.
That the capital murder was committed by another
person and Jason Baldwin was an accomplice and
his participation relatively minor.
Jason Baldwin has no significant history of
prior criminal activity.
There were no other findings with regard to form
two, mitigation. And it is appropriately signed
as a unanimous finding by the foreman.
Form three, conclusions as to count one.
MR. FORD: Your Honor, I didn't hear. Was there
nothing on form two as to Michael Moore, count
one?
THE COURT: Maybe I skipped it. Let me check.
(EXAMINING) I've got them here, but I apparently
overlooked it.
Count one as to Jason Baldwin in the death of
Michael Moore.
We the jury unanimously find in regard to Jason
Baldwin that the following mitigating
circumstances probably existed at the time of
the murder.
The capital murder was committed while Jason
Baldwin was acting under unusual pressures or
influences or under the domination of another
person. (3547)
The youth of Jason Baldwin at the time of the
commission of the capital murder.
The capital murder was committed by another
person and Jason Baldwin was an accomplice and
his participation relatively minor.
Jason Baldwin has no significant history of
prior criminal activity.
There were no other mitigating circumstances
indicated on any part of form two. It is
appropriately signed by the foreman as a
unanimous finding.
Form three, conclusions, count one. Jason
Baldwin as to the death of Michael Moore.
The jury having reached its final conclusions
will so indicate by having its foreman place a
checkmark in the appropriate space in accordance
with the jury's findings. In order to check any
space the conclusions must be unanimous. The
foreman of the jury will then sign the end of
this form.
We the jury conclude that one or more
aggravating circumstances did exist beyond a
reasonable doubt at the time of the commission
of the murder. Signed by the foreman. There were
no other boxes included.
A similar finding as to count two on Jason
Baldwin with regard to the death of Stevie
Branch. (3548)
We the jury conclude one or more aggravating
circumstances did exist beyond a reasonable
doubt at the time of the commission of the
capital murder, signed by the foreman indicating
a unanimous finding.
Form three, count three, with regard to the
death of Chris Byers by Jason Baldwin.
We the jury conclude one or more aggravating
circumstances did exist beyond a reasonable
doubt at the time of the commission of the
capital murder, signed by the foreman as a
unanimous finding.
Form four, the verdict, in regard to count one,
the death of Michael Moore by Jason Baldwin.
We the jury after careful deliberation have
determined that Jason Baldwin shall be sentenced
to life imprisonment without parole, signed by
all twelve members of the jury including the
foreman.
Count two in regards to Stevie Branch, verdict.
We the jury after careful determination have
determined that Jason Baldwin shall be sentenced
to life imprisonment without parole, signed by
all twelve members of the jury.
Count three with regard to Chris Byers.
We the jury after careful deliberation have
determined that Jason Baldwin shall be sentenced
to life imprisonment without parole, signed by
all twelve (3549) of the jurors indicating their
individual verdict.
Ladies and gentlemen, with regard to the
verdicts just read, are those your individual
verdicts represented by your signatures on the
verdict forms?
THE JURY: Yes, they are.
THE COURT: Count one. Michael Moore, aggravating
circumstances with regard to charges against
Damien Echols.
We the jury after careful deliberation have
unanimously determined that the following
aggravating circumstance or circumstances
existed beyond a reasonable doubt at the time of
the commission of the capital murder.
The murder of Michael Moore committed by Damien
Echols was committed in an especially cruel or
depraved manner.
Count two, Stevie Branch. We the jury after
careful deliberation have unanimously determined
that the following aggravating circumstance or
circumstances existed beyond a reasonable doubt
at the time of the commission of the capital
murder.
The murder or Stevie Branch committed by Damien
Echols was committed in an especially cruel and
depraved manner. (3550)
Count three, Chris Byers.
We the jury after careful deliberation have
unanimously determined that the following
aggravating circumstance or circumstances
existed beyond a reasonable doubt at the time of
the commission of the capital murder.
The murder of Chris Byers committed by Damien
Echols was committed in an especially cruel or
depraved manner.
Form two, mitigating circumstances, count one,
Michael Moore.
We unanimously find in regard to Damien Echols
that the following mitigating circumstances
probably existed at the time or the murder.
The capital murder was committed while Damien
Echols was under extreme mental or emotional
disturbance.
The capital murder was committed while Damien
Echols was acting under unusual pressures or
influences or under the domination or another
person.
No other mitigating circumstances were found. It
is appropriately signed by the foreman.
Count two, Stevie Branch. We the jury
unanimously find in regard to Damien Echols that
the following mitigating circumstances probably
existed at (3551) the time of the capital
murder.
The capital murder was committed while Damien
Echols was under extreme mental or emotional
disturbance.
The capital murder was committed while Damien
Echols was acting under unusual pressures or
influences or under the domination of another
person.
There are no other mitigating factors indicated
and it is signed by the foreman.
Count three, Chris Byers, form two, mitigating
circumstances.
We unanimously find in regard to Damien Echols
that the following mitigating circumstances
probably existed at the time of the capital
murder.
The capital murder was committed while Damien
Echols was under extreme mental or emotional
disturbance.
The capital murder was committed while Damien
Echols was acting under unusual pressures or
influences or under the domination of another
person.
There are no other mitigating circumstances
indicated. It's signed by the foreman on the
line provided.
Form three, conclusions, count one, Michael
Moore. (3552)
We the jury having reached its final conclusions
will so indicate by having the foreman place a
checkmark in the appropriate space or spaces in
accordance with the jury‘s finding, In order to
check any space your conclusions must be
unanimous. The Foreman of the jury will then
sign at the end of this form.
We the jury conclude that one or more
aggravating circumstances did exist beyond a
reasonable doubt at the time or the commission
or the capital murder.
The aggravating circumstances outweigh beyond a
reasonable doubt any mitigating circumstances.
The aggravating circumstances justify beyond a
reasonable doubt a sentence of death, signed by
the foreman as a unanimous finding.
Count two, Stevie Branch.
We the jury conclude one or more aggravating
circumstances did exist beyond a reasonable
doubt at the time of the commission of the
capital murder.
The aggravating circumstances outweigh beyond a
reasonable doubt any mitigating circumstances.
The aggravating circumstances justify beyond a
reasonable doubt a sentence of death, signed by
the foreman as a unanimous finding.
Count three, Chris Byers. We the jury conclude
(3553) one or more aggravating circumstances did
exist beyond a reasonable doubt at the time of
the commission of the capital murder.
The aggravating circumstances outweigh beyond a
reasonable doubt any mitigating circumstances.
The aggravating circumstances justify beyond a
reasonable doubt a sentence of death.
Verdict forms: Count one in the death of Michael
Moore.
We the jury after careful deliberations have
determined that Damien Echols shall he sentenced
to death by lethal injection, signed by all
twelve of the jurors.
Count two, Stevie Branch.
We the jury after careful deliberation have
determined that Damien Echols shall be sentenced
to death by lethal injection, signed by all
twelve jurors.
Count three, Chris Byers.
We the jury after careful deliberation have
determined that Damien Echols shall be sentenced
to death by lethal injection, signed by all
twelve jurors.
Ladies and gentlemen, again, are those your
unanimous findings represented by your
signatures on (3554) the verdicts I read?
THE JURY: Yes, they are.
THE COURT: All right, gentlemen, are there any
other questions at this time?
MR. DAVIDSON: I ask that the jury be polled,
your Honor.
THE COURT: I don't see a need to poll the jury
beyond what I‘ve done because their signatures
are represented on each of the verdict forms.
Are these your signatures on the forms?
THE JURY: Yes.
THE COURT: All right, ladies and gentlemen. the
Court wants to express its thanks and
appreciation for your service during this long
trial. I think perhaps it‘s the longest trial
that has been conducted in this area, at least
in my recollection. It was extremely difficult.
You've been diligent in your efforts and
appeared to consider your task with the
appropriate sense of urgency and fair play.
And I appreciate it and I know I speak for all
the attorneys and people present that you
performed a difficult and thankless job,
frankly. I appreciate it. You'll be permitted to
go and I'll have the officers escort you --
MR. FORD: -- Your Honor -- (3555)
THE COURT: -- Just a minute. I'm going to ask,
however, that you step back into the jury room
just for a few minutes more while the Court
concludes sentencing and some other matters.
You‘re welcome to stay in the jury box if you
care to during sentencing.
What is your pleasure in that regard? You can
have a few minutes in the back or you can stay
for sentencing.
THE FOREMAN: We'll stay.
THE COURT: All right. Gentlemen, if you would
have your clients stand, please.
THE DEFENDANTS: (COMPLYING)
THE COURT: Mr. Baldwin and Mr. Echols, did each
of you -- Mr. Baldwin and Mr. Echols -— hear the
reading of the verdicts in your cases? Mr.
Echols, did you hear them?
DEFENDANT ECHOLS: Yes, sir.
THE COURT: Mr. Baldwin, did you hear the Court
read the sentences?
DEFENDANT BALDWIN: Correct.
THE
COURT: Do either of you have any legal reason
to show the Court or give the Court as to why
sentence should not be imposed? Mr. Echols?
DEFENDANT ECHOLS: No, sir.
THE COURT: Mr. Baldwin? (3556)
DEFENDANT BALDWIN: Because I'm innocent.
THE COURT: Pardon?
DEFENDANT BALDWIN: Because I'm innocent.
THE COURT: Well, the jury has heard the
evidence and concluded otherwise.
Do either of you have anything you want
to say?
DEFENDANT ECHOLS: Nope.
DEFENDAHT BALDWIN: No.
THE COURT: Are you satisfied that the
opportunity for allocution has been made?
MR. PRICE: Yes, sir.
MR. FORD: Yes, sir.
MR. DAVIDSON: But not giving up our previous
objection.
THE COURT: I understand that. All right,
gentlemen, I'm ready to proceed with sentencing
unless you have any other matters you want to
bring up at this time?
MR. WADLEY: Not with respect to sentencing, your
Honor.
THE COURT: Mr. Baldwin, you have heard the
reading of the verdicts in your case and it is
-- first of all, the Court has an obligation to
advise you, each of you, that you have a right
to appeal, that you must give notice of your
intentions to (3557) exercise that right within
the statutory period of time. Each of you have
competent lawyers that will discuss those
matters with you and advise you on it. It's my
obligation to let you know you do have a right
to appeal, and you need to consider that with
your attorneys.
This being a capital offense in each of your
cases there will be no bond set. It is not a
bailable offense so you will have time to
discuss with your lawyers what your intentions
are within the next days.
In your case, Mr. Baldwin, you will be
adjudicated guilty of three counts of capital
murder. You will be sentenced to the Arkansas
Department of Corrections to a term of life
without possibility of parole on each of the
three counts.
You will be at this time remanded to the custody
of the sheriff for transportation to the
Arkansas Department of Corrections immediately
to carry out the sentence of the Court in this
regard. He will be in your custody. Mr. Sheriff.
Mr. Echols, do you have anything further you
would care to say before pronouncement of
sentence?
DEFENDANT ECHOLS: No, sir.
THE
COURT: Mr. Echols, the jury having found you
(3558) guilty of capital murder, three counts,
in the death of Michael Moore, Chris Byers and
Stevie Branch, you are hereby adjudicated
guilty of capital murder, three counts, and
you are remanded to the custody of the sheriff
to be immediately transported to the Arkansas
Department of Corrections where the director
of the Arkansas Department of Corrections or
his duly appointed and designated
representative will on the fifth day of May.
1994, be directed to cause to be administered
a continuous intravenous injection of a lethal
quantity of an ultra-short acting barbituate
in combination with a chemical paralytic agent
into your body until you are dead.
He will be in your custody, Mr. Sheriff,
for immediate transportation to the Department
of Corrections to carry out the orders of this
Court.
All right, ladies and gentleman, if you would
step back into the jury room for just a few
minutes.
(JURY LEAVING THE COURTROOM AT THIS TIME)
(THE FOLLOWING CONFERENCE WAS HELD AT THE BENCH)
MR. FORD: Your Honor, the short report prepared
by the prosecuting attorney's office indicates
that on May 5, 1993, the defendant along with
Jessie Misskelley and Damien Echols killed three
eight-year-old boys. (3559)
Your Honor, there's been no finding that this
defendant did anything with Jessie Misskelley,
and we would object to the short report
containing his name.
There has been no finding, there was no
adjudication by this jury in this court that my
client did anything with Jessie Misskelley, and
we object to that being included in the short
report which is placed in his Department of
Corrections file because there has been no such
finding by this Court, and it would be
inappropriate for him to do that.
MR. FOGLEMAN: Your Honor, there doesn't have to
be. That is a report of the prosecuting attorney
to the Department of Corrections. There doesn't
have to be a finding of any Court to that
effect.
THE COURT: As far as I know, there hasn't been a
finding by this Court or by the jury. Those are
the statements of the prosecuting attorney that
are required by law to be submitted with the
judgment signed by the Court.
The judgment of the Court certainly doesn't
reflect that. That’s the prosecuting attorney's
estimation of the file. I suppose if you wanted
to file an objection to it, you could file it. I
don't have any problem with that.
MR. FORD: I just wanted to state for the record
(3560) that this is required by law. It will be
placed in his jacket at the Department of
Corrections. It will be -- and there has been --
with the absence of a finding that he did
anything with Jessie Misskelley, we want the
record to be clear that we will be objecting to
this short report being included in his file as
there has been no finding and the judgment of
the Court does not indicate that my client did
anything with Jessie Misskelley.
MR. DAVIDSON: We join in that objection, your
Honor.
THE COURT: The record may so reflect your
objection. If you care to make a statement or an
additional report to be included in the file,
you will be permitted to do so.
MR. FORD: Your Honor, I'd also inquire as to
what facts in mitigation and what facts in
aggravation the Court is going to include on the
departure report.
THE COURT: The departure report is not
applicable to capital felony cases. It's a
report that's required by the new sentencing act
at anytime when the sentencing judge departs
either up or down from the presumptive sentence
found on the grid.
Capital murder, rape, first degree murder and
some other felonies are excluded from the
sentencing (3561) act and guideline and it's not
even an appropriate subject matter to be
included.
We included it simply because the Department of
Corrections may be looking for that form just
out of paperwork and we put the statement on it
that it is not applicable to this case.
MR. FORD: I don't see anything on here.
THE COURT: It should be printed on there that it
is not applicable. The one I signed indicates
that it is not applicable to the case.
MR. FORD: Your Honor, that's the reason I --
THE COURT: -- We put it in there just because if
they're looking for it, it's going to be there,
and the Court's going to say that it’s not
pertinent or applicable to the particular case.
If you want to prepare something real quick,
your statement to be placed in there, I'll allow
you to do that.
MR. FORD: Your Honor, we will submit a report
directly to the Department of Corrections in due
course so that it can be typewritten.
THE COURT: All right. |
THE WEST MEMPHIS THREE
TRIALS HOMEPAGE
|