‘17 years of pure hell’Friday, July 2, 2010
EDITOR’S NOTE: This is the first of a 4-part series stemming from a recent prison interview with convicted killer DAMIEN ECHOLS. Some of the information is graphic.
By George Jared
James Byard | The Sun
Convicted murderer Damien Echols is led into a visitation room
last month at the Varner Unit near Grady. VARNER — He watched cars splash in the rainy streets.
DAMIEN ECHOLS doesn’t know which November day it was when he stood in a Subway restaurant parking lot, but he cannot forget the sound of wheels in the water.
He meditates for hours in his prison cell, wishing he could feel the water and hear the sound again. Some days thinking about that sound is the only thing that keeps him sane.
It’s been almost two decades since Echols, who now sits on death row for killing three West Memphis youths, has felt a raindrop.
“This situation has been horrendous and 17 years of pure hell,” Echols said from a holding cell at the Arkansas Department of Correction’s Varner unit on June 16. “If anybody with an IQ of more than 15 will look at the evidence in this case, they’ll know what happened. They’ll know we didn’t do it.”
Few would have sympathy for a man convicted of such a heinous crime. But new DNA evidence and the findings of a slew of renowned forensic pathologists and legal experts have some questioning the convictions of Echols and two other men, Jason Baldwin and Jessie Misskelley Jr.
Prosecutors allege that the three, teens at the time, were drinking beer and whiskey near a rain-filled ditch in the Robin Hood Hills area of West Memphis on May 5, 1993. Around 7 p.m. 8-year-olds Michael Moore, Christopher Byers and Stevie Branch rode their bikes near the ditch.
The state contends that Echols, Baldwin and Misskelley attacked the boys, beating and sodomizing them. At one point, prosecutors say, Baldwin brandished a knife and skinned Christopher’s penis and cut his testicles off.
Belief in the occult or Satanism motivated the killings, prosecutors said. A single child’s shoe was found floating in the ditch the next day. Searchers found the boys’ nude, bound bodies floating nearby moments later.
Did Echols kill the boys?“No,” he said, his dark brown eyes never blinking. “Every time I answer that question, it’s like getting kicked in the stomach. You never get used to it. People either look at me like I’m getting screwed, or I’m some kind of child molester.”
Within days police interviewed Baldwin and Echols, before autopsy reports were complete or evidence gathered at the scene was processed.
Echols wonders how the police could have identified him as a suspect so quickly with no evidence or leads.
A month later Misskelley gave a controversial, and in some instances inaccurate, confession to police, implicating himself, Echols and Baldwin.
During his confession Misskelley said the boys were bound by ropes, although they were tied by their own shoelaces. He said the attack occurred in the morning when authorities knew the boys were in school. Misskelley told police the juveniles were sodomized. Autopsy reports and defense forensic pathologists found no evidence of a sexual assault on any of the boys.
Prosecutors insist that Misskelley correctly identified Christopher as the emasculated child and said two of the children, Michael and Stevie, drowned. Even after his trial Misskelley gave several more elaborate and more factual confessions.
Confessions recantedHis then-attorney, Dan Stidham, said the later confessions were more accurate because Misskelley, who has an IQ of 72, gleaned more details during his trial. Later he recanted all the confessions.
Stidham said he thinks the convicted are innocent.
Baldwin and Echols were arrested June 3, 1993, while watching the horror movie “Leprechaun” with two girls. Echols learned of the confession after his first court arraignment.
“I asked the judge to read it in court, but he wouldn’t,” Echols said. “They put me in a broom closet at the jail, and that’s when I read it. I thought it must be a joke.”
Years later Echols said he tries not to think of Misskelley’s statements. They were not friends before the murders, Echols said. He doesn’t blame the then-17-year-old. He believes police tricked Misskelley into the statement.
Echols sat in jail for months awaiting trial. During that time he spent only five hours with his lead attorney, public defender Val Price of Jonesboro.
His family was poor and couldn’t afford a lawyer, Echols said.
“We lived in abject poverty,” he said. “My parents had no education. I got through the ninth grade, and that’s as far as anyone in my family got. We had no future to look forward to.”
To this day sitting in his cell, Echols said he wouldn’t return to the life he left behind in West Memphis.
“We thought rich people went to places like McDonald’s to eat,” he said. “That was a big deal for us.”
Misskelley’s confession could not be used against Echols or Baldwin because he refused to testify. With no confession, prosecutors told family members it was a “50-50” shot that Baldwin and Echols would be convicted.
The state produced clothing fibers found on Michael that microscopically matched fibers from Baldwin’s mother’s house coat. But experts admitted the fiber could have come from a number of sources.
Two girls, Jodee Medford and Christy Van Vickle, testified they heard Echols admit at a softball game weeks after the murders that he killed the boys. Echols said their testimony was key for the prosecution.
“I might have said it, but it wasn’t because I did it,” he said. “I was a teen-ager. People were saying a lot of stuff about me. But I might have said it joking around.”
Expert witness testifiedA key prosecution witness, Dr. Dale Griffis, testified that the crime had the trappings of the occult. He said the number of victims and time of month indicated it was a satanic sacrifice.
Echols said he’s still mystified Griffis was allowed to testify as an expert witness. Griffis admitted on the stand he never took any graduate courses to receive his doctorate, which came from a “diploma mill” in California.
Dr. Frank Peretti’s testimony that emasculating Christopher would be nearly impossible for a professional under those conditions should have carried more weight with the jury, Echols said.
Price failed in one crucial way during the defense portion of the trial, Echols said. The attorney never credibly established Echols’ alibi.
The day in question was typical, unmemorable, Echols said.
Actions on day in questionEchols went to a pharmacy with his family to pick up a prescription the afternoon of May 5, 1993, he said. Later, he went with Baldwin to Baldwin’s uncle’s house to mow the yard. That night he talked on the phone with three girls, including Jennifer Bearden.
Bearden was not called as a witness at the original trial. Bearden testified at an August 2009 hearing that she talked to Echols three times that night, the last conversation starting at 9:20.
Echols and Baldwin lived more than six miles from the crime scene, and neither had a driver’s license. To this day Echols says he’s never driven a car.
“When I think about it — driving on a highway — it’s scary,” he said. “Maybe on a gravel road.”
Without a vehicle it would have been almost impossible for Echols to have committed the murders and returned home in time to talk on the phone, defense attorneys contend.
Media coverage of the arrests and trials was a “circus,” Echols said. One television station reported a club with blood and hair on it was recovered from Echols’ home. “I saw that on TV and thought’ these bastards have set me up for real,’” he said.
It turned out to be a paint stick with dog hair on it.
At times during the trial, Echols hissed, licked his lips and smiled at victims’ families.
“I was young. It was a mistake,” he said.
Echols’ body went numb when he heard the verdict.
“It’s hard to describe,” he said. “It’s real and not real at the same time. It’s like getting punched. There’s no way in hell they can convict me for something I didn’t do.”
The person most responsible for his conviction is Judge David Burnett, Echols said.
Echols contended Burnett led the prosecution’s case from the bench and made critical decisions, such as allowing Griffis to testify as an expert, that swayed the jury.
In previous interviews Burnett said he will not make any comments about the case until the appeals process is finished. The judge pointed out the state Court of Appeals and the Arkansas Supreme Court have upheld his rulings in the case numerous times.
Years of languishing in prison with horrors untold awaited the Marion teen, who was 19 years old when he received a death sentence for killing the three boys. Echols’ original execution date was set for May 5, 2000.
Support and money from people around the world may have saved his life. But prison life is almost unbearable, Echols said.
“There’s no relief,” Echols said of prison life. “Anything can happen anytime, but nothing can never happen.”