Abomination: Devil Worship and Deception in the West Memphis Three Murders (43 page)

February 3, 1994
11:12am: The State and Defense rest their cases, on the seventh day of the trial.
4:17pm: The jury begins deliberations after hearing closing arguments from both sides.
February 4, 1994
12:10am: The jury asks to be excused for the night.
9:30am: The jury returns and continues deliberations.
11:54am: The jury reaches a verdict. They find Jessie guilty of first-degree murder in the death of Michael Moore and second-degree murder in the deaths of Chris Byers and Steve Branch. After brief penalty phase arguments from both sides, the jury deliberates Misskelley's punishment. After twenty-six minutes, they return with life in prison plus two twenty-year sentences.
February 9, 1994

Pretrial hearing in Osceola. Judge Burnett rules on a series of motions filed by attorneys for Jason Baldwin. They again ask for a severance from Echols.
February 11, 1994

Judge Burnett rules that Jason Baldwin and Damien Echols will be tried together.
February 22, 1994

Jury selection for the Echols/Baldwin trial begins, but is put on hold when attorneys file a motion alleging prosecutorial misconduct regarding the State's attempts to get Misskelley to testify against Baldwin and Echols. After a hearing, Judge Burnett rules there has been no misconduct.
February 25, 1994

A jury of eight women and four men selected to hear the case against Damien Echols and Jason Baldwin. Two alternate jurors, both men, are also selected.
February 28, 1994

Echols/Baldwin trial begins.
March 15, 1994

1:07pm: The State and Defense rest their cases, on the eleventh day in court. Judge Burnett agrees to grant the prosecution a continuance until Thursday.
March 17, 1994

4:59pm: The jury begins deliberations after hearing closing arguments from both sides.
10:35pm: Jury deliberations end for the evening.
March 18, 1994

9:30am: Jury deliberations continue.
3:33pm: The jury reaches a verdict. They find both Damien Echols and Jason Baldwin guilty of three counts of capital murder.
March 19, 1994

Penalty phase testimony from Dr. Moneypenny, Jack Echols and Joe Hutchison, followed by brief arguments from both sides.
2:00: The jury begins to deliberate their sentences.
4:22: They return with death by lethal injection for Damien Echols and life in prison without possibility of parole for Jason Baldwin.
March 29, 1994

Attorneys for Damien Echols and Jason Baldwin file a Motion for New Trial alleging misconduct by prosecutors and threats made to jurors.
April 6, 1994

Attorneys for Jason Baldwin file a Motion for Recusal requesting that Judge Burnett "recuse in this matter so an impartial Court could determine whether or not the prosecution was guilty of misconduct."
April 12, 1994

The State files their Response to a New Trial.
April 22, 1994

Judge Burnett issues an order denying the motion for recusal and the motion for mistrial. Burnett also awards more than $140,000 in defense attorney's fees.
May 1, 1994

The Arkansas Supreme Court rules that the state, not Crittenden County, is responsible for paying the defense attorneys for Damien Echols, Jason Baldwin and Jessie Misskelley. In a 6-1 decision, the high court said a statute requiring counties to pay for indigent defenders became law after attorneys were appointed to defend the three defendants.

June 27, 1995

Damien Echols files a pro se motion in which he states that he waives all points for appeal which concern the sentence of death and desires to limit the appeal to those issues which concern the judgment of conviction.
July 17, 1995

The Arkansas Supreme Court remand the matter for findings by Judge Burnett on the questions of whether Damien Echols fully appreciates his position and can make a rational choice with respect to pursuing or abandoning issues on appeal concerning his death sentence.
December 6, 1995
Damien Echols files a motion to withdraw his earlier request that the Arkansas Supreme Court not consider the death penalty issues on appeal.
January 8, 1996
The Arkansas Supreme Court rules that it will review every aspect of Damien Echols' case rather than only points of guilt or innocence. They also rule that a competency hearing shall be conducted by Judge Burnett for the reason that the "development of such a record will best protect the interests of the appellant (Echols) and the State in future proceedings."
February 19, 1996

In a 32-page unanimous decision, the Arkansas Supreme Court upholds the conviction of Jessie Misskelley.
Misskelley v. State, 323 Ark. 449, 915 S.W.2d 702
March 11, 1996

Damien Echols' competency hearing. After statements by Echols' attorneys and brief testimony from Echols, Judge Burnett finds that "Damien Echols is competent and was competent during the course of his trial and that he’s voluntarily and knowingly and intelligently withdrawn his request to waive the punishment aspect of the previous trial."
March 6, 1996

Attorneys for Jessie Misskelley file Petition for Rehearing in the Arkansas Supreme Court.
April 1, 1996

The Arkansas Supreme Court denies Jessies Misskelley's petition for rehearing.
October 7, 1996
The U.S. Supreme Court denies Jessie Misskelley's petition for writ of certiorari.
December 2, 1996

Oral arguments before the Arkansas Supreme Court. Attorneys for Damien Echols and Jason Baldwin ask the Arkansas Supreme Court to overturn the convictions.
December 23, 1996

The Arkansas Supreme Court upholds the convictions of Damien Echols and Jason Baldwin in a unanimous vote rejecting all 44 points of appeal.
Echols v. State, 326 Ark. 917, 936 S.W.2d 509
May 27, 1997
Damien Wayne Echols v. ARKANSAS

The U.S. Supreme Court denies Damien Echols' petition for writ of certiorari.

PRIOR HISTORY: [*1] Petition for writ of certiorari to the Supreme Court of Arkansas, Reported at: 1996 Ark. LEXIS 706

JUDGES: Rehnquist, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer.

OPINION: The petition for writ of certiorari is denied.

May 5, 1998

Damien Echols' Rule 37 hearing begins in Jonesboro, Arkansas.
March 19, 1999
After 8 days of hearings between May 5 and this date, Damien Echols' Rule 37 hearing comes to an end. Under the law, Judge Burnett has 90 days to rule.

June 17, 1999
Judge Burnett issues an Order denying Damien Echols' Rule 37 petition.
February 27, 2001

Attorneys for Damien Echols file a petition in the Arkansas Supreme Court seeking to have that court reinvest jurisdiction in the Circuit Court for purposes of considering a petition for writ of error coram nobis. The coram nobis petition raises three issues: (1) whether Damien Echols was competent at the time of trial; (2) whether he was improperly administered psycho-active medication during trial; and (3) whether the State concealed exculpatory evidence.
March 9 , 2001
Attorneys for Jason Baldwin file a Motion to Preserve Evidence and For Access to Evidence For Testing.
March 15, 2001
Oral argument before the justices of the Arkansas Supreme Court.
April 26, 2001
The Arkansas Supreme Court rules on Judge Burnett's Order in which he denied Echols' Rule 37 petition. They affirm part of the Order and remand in part with orders to Judge Burnett to make specific written findings on each issue raised by Echols.
May 11, 2001
The State files a petition for rehearing of the Arkansas Supreme Court's April 26 ruling.
June 7, 2001
The Arkansas Supreme Court denies the State's request for a rehearing of the court's April 26 ruling.
July 30, 2001
Judge David Burnett issues order in which he enters further findings, denying Damien Echols' Rule 37 petition.
February 2, 2002
The State files a response to Jason Baldwin's Response to Motion to Preserve Evidence.
July 25, 2002
Attorneys for Damien Echols file a Motion for Forensic DNA Testing.
September 5, 2002
Attorneys for Damien Echols file a Motion for Stay of Proceedings (pending outcome of DNA Petition.)
September 12, 2002
The Arkansas Supreme Court grants Echols a 60-day stay of proceedings.
November 7, 2002

Attorneys for Damien Echols file a motion for 90-day extension of stay of proceedings.

November 14, 2002

The Arkansas Supreme Court grants Echols' motion for 90-day extension of stay of proceedings.
February 20, 2003

Attorneys for Damien Echols file a motion for 90-day extension of stay of proceedings.
February 28, 2003

The Arkansas Supreme Court grants Echols' motion for 90-day extension of stay of proceedings.
May 28, 2003

Attorneys for Damien Echols file a motion to extend stay of proceedings until completion of agreed forensic DNA testing.
June 19, 2003

The Arkansas Supreme Court grants Echols' motion to extend the stay, but "...decline, however, to issue an open-ended stay, as Appellant (Echols) requests. Instead, we will grant further stay for a period of seventy days from the date of this opinion."
October 2, 2003

Oral argument before the justices of the Arkansas Supreme Court.
October 16, 2003

The Arkansas Supreme Court denies Damien Echols' petition to reinvest jurisdiction in the circuit court to allow him to seek a writ of error coram nobis.
October 30, 2003

The Arkansas Supreme Court affirms Judge Burnett's previous denial of Damien Echols' Rule 37 petition.
Attorneys for Damien Echols file a petition for rehearing of the Arkansas Supreme Court's October 16 ruling.
November 13, 2003

The Arkansas Supreme Court denies Damien Echols' petition for rehearing of the court's October 16 ruling.
November 14, 2003

Attorneys for Damien Echols file a petition for rehearing of the Arkansas Supreme Court's October 30 ruling.
December 11, 2003

The Arkansas Supreme Court denies Damien Echols' petition for rehearing of the court's October 30 ruling.
June 2, 2004

Judge Burnett issues an
Order for DNA Testing
.
Attorneys for all three defendants file a
Joint Status Memorandum
in order "to report to the Court on recent developments..."
October 28, 2004
Attorneys for Damien Echols file a
Petition for a Writ of Habeas Corpus
. Additionally, they also file a
Motion to Recall the Mandate and to Reinvest Jurisdiction in the Trial Court to Consider Petition for Writ of Error
, as well as a
Memorandum in Support of Motion to Recall the Mandate and to Reinvest Jurisdiction in the Trial Court
.

December 13, 2004
The State files their Response to Motion to Recall the Mandate
December 20, 2004

Attorneys for Damien Echols file a Reply in Support of Motion to Recall the Mandate.
January 20, 2005

The Arkansas Supreme Court denies Damien Echols' motion to recall the mandate.

February 7, 2005

Attorneys for Damien Echols file a Petition for Rehearing regarding the Arkansas Supreme Court's denial of his Motion to Recall the Mandate.
February 14, 2005

The State files a response to Echols' petition for rehearing.
February 24, 2005

The Arkansas Supreme Court denies Damien Echols' petition for rehearing.
February 25, 2005
Attorneys for Damien Echols file a First Amended Petition for a Writ of Habeas Corpus.

March 2, 2005
The State files a Motion to Dismiss Petition for Writ of Habeas Corpus for Non-Exhaustion.
April 28, 2005
Attorneys for Damien Echols file Response to Motion to Dismiss Amended Petition for Writ of Habeas Corpus.
May 13, 2005
The State files a Reply to Echols' Response to Motion to Dismiss Petition for Habeas Corpus.
August 18, 2005
Jones R. Wilson, Jr., U.S. District Judge for the Eastern District of Arkansas, issues an Order denying the State's Motion to Dismiss Echols' Petition for Habeas Corpus.
October 29, 2007
Attorneys for Damien Echols file a Second Amended Petition for a Writ of Habeas Corpus.
November 21, 2007
District Judge Jones Wilson issues an order in which he states he plans "to hold [Echols'] second amended petition in abeyance pending exhaustion of state court remedies." He further requests that Echols' attorneys "file monthly status reports to inform the Court of the status of state court proceedings."
January 29, 2008
Judge David Burnett writes a letter to all counsel of record stating that he has "set aside the last three weeks in April, 2008, to hear the pending motions" in all three cases.
February 21, 2008

All parties submit a Joint Status and Case Management Memorandum to "inform the Court that for a variety of reason....they cannot begin a multi week evidentiary hearing on April 14, 2008."
March 28, 2008

Judge David Burnett writes a letter to all counsel of record stating that he has set aside April 15 for a hearing on all matters in all three cases.
April 11, 2008

Attorneys for Echols file a Motion for a new trial.
April 15, 2008

Hearing in Jonesboro. Judge Burnett tells the attorneys that he wants all motions filed by May 30th and the State to respond by July 15th. He sets an August 20th hearing for attorneys to give him a status report. After looking at schedules, Burnett schedules hearings beginning September 8th through October 3rd to hear the appeals. Each defendant will have one week. Burnett also issues a gag order, telling attorneys on both sides that any contact with the media is forbidden.
May 29, 2008

Attorneys for Baldwin file Amended Rule 37 petition. They also file a Writ of Error
coram nobis
with the Arkansas Supreme Court claiming prosecutors withheld evidence from Baldwin's trial attorneys.
May 30, 2008

Attorneys for Baldwin file a Petition for writ of habeas corpus and motion for new trial.
June 5, 2008

Attorneys for Misskelley file a Petition for writ of habeas corpus and motion for new trial, as well as an Amended Rule 37 petition. Additionally, they also file a Writ of Error
coram nobis
with the Arkansas Supreme Court.
June 26, 2008

Without comment, the Arkansas Supreme Court denies Baldwin's and Misskelley's petitions to reinvest the circuit court with jurisdiction to consider their petitions for writ of error coram nobis. The petitions are "denied without prejudice," which allows the defense to renew the requests later.
August 20, 2008