The Rule 37 Decision

[Admin.]

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[Justice]

Of course their still waiting.... today is a holiday.  His decision of no retrial will be given by Wednesday if not by tomorrow!

[Admin.]

It's already tomorrow here, still no decision. 

[Bobby Davis]

His decision of no retrial will be given by Wednesday if not by tomorrow!

I have to agree here with you Justice. He didn't give Damien a chance so why would he be fair with Jason and Jessie. Good post

[bloomingp]

Arg! I'm coming home from work each evening in the vain hope something has happened. Still waiting!  

[Admin.]

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Judge expected to rule in West Memphis 3 retrial bid

Posted: Jan 20, 2010 3:16 PM Updated: Jan 20, 2010 3:21 PM

By Janice Broach

WEST MEMPHIS, AR (WMC-TV) - Circuit Court Judge David Burnett is expected to rule Wednesday whether two members of the West Memphis Three will get a new trial.

The fight continues to free the West Memphis Three.  A billboard on Highway 70 in Crittenden County has lady justice with a tear of blood coming down her face and a phone number to call for information that might help in the defense.

Jessie Misskelley, Sr., the father of one of the members of the West Memphis Three, said he believes the billboard will help their cause.

"Everybody sees it they know there was injustice done to these boys," Misskelley said.

Judge Burnett's decision will deal only with Misskelley and Jason Baldwin's bid for a new trial.

Judge Burnett presided over the original trial more than a decade ago.  During hearings two years ago Baldwin and Misskelley maintained they received ineffective counsel in their original trials.

Misskelley and Baldwin said they do not want Burnett to grant them a new trial.  They want to take the case to federal court where defense attorneys feel they have a better chance.

New tests three years ago of crime scene evidence showed there was no DNA evidence connected to Baldwin, Misskelley or Damien Echols.  Judge Burnett used that to rule that Echols, on death row, should not get a new trial because there is not enough evidence to prove him not guilty.

Defense attorneys say new evidence and witnesses point the finger at the stepfather of one of the three murdered 8 year old boys, Terry Hobbs.  West Memphis police say Hobbs is not a suspect.

Mark Byers, the father of one of the murdered 8-year-old boys, said he wants the West Memphis Three to get new trials because he believes the investigation was seriously flawed.

Link

[Justice]

    Business as usual?  I think not!  It seems that "ol Burnett may be having an agenda towards his future campaign because he just turned a conviction of death to life in prison without the possibility of parole because the man was only 18 when he committed the crime.  ( Funny I thought he was just acting as special judge out of retirement for the wm3 case because a new judge would have too much to read to get acquainted with the case!)  Ah........ maybe my burst!

Well we can now all agree that the state's case against the wm3 has now been completely undermined.  It's gone light years past the three having ineffective counsel.  It's now impossible to name one factual thing that the state has presented as evidence that the wm3 has committed these murders.

So what will he decide?  I really am not sure at this point.

[Emmaline]

Arghhh Rugs, you got me so excited when I saw this thread!! Please let me know if the ruling comes through overnight, I'll stay up as late as I can 

[Admin.]

I'll be keeping this thread updated regularly.

[badfish_76]

Big Jesse makes me so sad whenever I see him.

I always have hope bloom anew in my heart when waiting for the decisions.

Today I will say a prayer for justice to be served.

[Paid]

  I'm a little bothered by the news report that Jason and Jessie don't want Burnett to rule for a retrial.  They would rather move on to Federal Court.

     Why would this be the case?   Is there evidence that can't be presented in Burnett's retrial that could be presented if Judge Miller ruled for one?

 .....Or can Miller's decision influence the prosecution to drop all charges and exonerate the Three completely?...Whereas Burnett's decision would leave a cloud of suspicion over them forever?

[bloomingp]

  I'm a little bothered by the news report that Jason and Jessie don't want Burnett to rule for a retrial.  They would rather move on to Federal Court.

     Why would this be the case?   Is there evidence that can't be presented in Burnett's retrial that could be presented if Judge Miller ruled for one?

 .....Or can Miller's decision influence the prosecution to drop all charges and exonerate the Three completely?...Whereas Burnett's decision would leave a cloud of suspicion over them forever?

I wondered about this too. Not being an American, I get confused over the State/Federal thingy. lol. Why do they feel they would have a better chance if they didn't get a retrial? Would they only use the old evidence again in a retrial? Very confused 

[Justice]

LISTEN UP FOLKS................... GO TO KAITV JUDGE DREDD SAID NO RETRIAL!!!!!!!!!!!!!!THAT MOTHER FATHER!!!!!!!!!!

[Pinky]

Really?  That SOB!

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