Posts Tagged ‘District Prosecutor Scott Ellington’

Judge Says Prosecutor in WM3 Case has Obligation to Review New Evidence

Thursday, November 1st, 2012

Crittenden County Circuit Court Judge Victor L. Hill has ruled that District Prosecutor Scott Ellington, who was party to the Alford plea that led to the release of the West Memphis 3, should continue his investigation into new evidence submitted to him by Damien Echols’s defense team.

In Judge Hill’s decsion dated October 29, 2012, he wrote:

“The only issue here, in the court’s view, is whether the court finds Ellington’s claim of an investigation to be credible. While the fact that others have pled guilty to the Robin Hood Hills murders is relevant, as to whether this is a closed issue that is not determinative. The prosecutor has the right and obligation to ascertain whether a miscarriage of justice might have occurred, or whether there were others who might have acted in concert with those who pled guilty, but who have, as yet, not been brought to justice. That is his prerogative and he might even be said to derelict in that duty if he failed to conduct such an investigation.”

Echols’s defense team received new evidence in the form of sworn affidavits in which Terry Hobbs’ nephew, Michael Hobbs Jr., allegedly told his friends “my uncle Terry murdered those three little boys,” The three new witnesses passed polygraph tests about what they stated Michael Hobbs, Jr. told them.

 “One day Michael picked us up in his truck. He was very quiet and upset. Michael then said to us, ‘you are not going to believe what my dad told me today. My Uncle Terry murdered the three little boys.’ According to Michael, his dad called this ‘The Hobbs Family Secret’ and he asked us to keep it a secret and not tell anyone.”

Echols’s attorney Patrick Benca said, “Prosecutor Ellington had agreed to investigate these allegations and the court is encouraging him to move ahead with some very strong language suggesting that he has an ‘obligation’ to determine whether or not there was a ‘miscarriage of justice’ in the conviction of Damien Echols, Jason Baldwin and Jesse Misskelley.”

“The defense has submitted evidence to Scott Ellington and we have additional leads that we are prepared to present to him and his team. Additionally, we have asked the West Memphis Police Department to turn over any confidential calls that they have received concerning who might have been responsible for the murders of Stevie Branch, Chris Byers and Michael Moore. While the WMPD has rejected our request for that information, we ask that they turn the information over to prosecutor Ellington for review as soon as possible.”

Benca also suggests that anyone who has called the West Memphis Police Department with information about the WM3 case, please contact the defense team’s WM3 Confidential Tip Line at (501) 256-1775. “There still remains a $200,000 reward for any information that leads to the arrest and conviction of the person(s) responsible for the murders of Stevie Branch, Michael Moore and Christopher Byers.”

Confidential Calls to West Memphis PD Point to Hobbs?

Tuesday, October 23rd, 2012

Damien Echols’s attorneys have made a Freedom of Information Act (FOIA) request for all documents, recordings, logs, calls or tips regarding the West Memphis 3 case.  They  have requested any potential new evidence in the form of confidential phone calls placed to the West Memphis Police Department’s tip line recorded since August 19, 2011, regarding the involvement of Terry Hobbs or anyone else in the murder of the three children. The West Memphis Police Department currently operates a Crime Stoppers Confidential Tip Line at (870) 732-4444.

According to a sworn statement from Laird Williams, who was visiting the West Memphis Police Department on August 14, 2012, he was told that the WMPD had received numerous confidential calls over the past year, many concerning the possible involvement of Terry Hobbs, stepfather of victim, Stevie Branch.

“On August 14, 2012, I met an associate from the University of Memphis School of Law at the offices of the West Memphis Police Department located at 626 East Broadway, West Memphis, AR, to review materials germane to the 1993 murders of Christopher Byers, Stevie Branch and Michael Moore. While in the WPMD offices, I was informed that the West Memphis Police Department is constantly receiving calls via their tip line regarding Terry Hobbs’s potential involvement in the murders of these three young boys, one of which was his stepson, Steve Branch. I was told one caller, a man who worked with Terry Hobbs when the murders occurred, had called repeatedly. I requested the procedures for dealing with these tips and was informed that the calls are recorded and delivered to the Criminal Investigation Division, headed by Captain Ken Mitchell. What CID does with this information is unknown.”

Based upon this information, which was corroborated by others who were present with Williams on August 14, Little Rock attorney Patrick Benca, who represents Damien Echols, filed a Freedom of Information Act (FOIA) request for “All documents, recordings, logs regarding phone calls or ‘tips’ made to the West Memphis Police Department tip line from August 19, 2011 until the present date regarding what has been described as the ‘West Memphis 3 case.”

Damien Echols, Jason Baldwin and Jesse Misskelley were freed from custody on August 18, 2011.

The City Attorney for West Memphis Arkansas, David C. Peeples, rejected Benca’s request for information in two separate letters. In one letter dated September 19, 2012, Peeples denies that the WMPD has any information, “Please be advised that the West Memphis Police Department does not have any existing records that specifically set out the information sought in your request.”

Patrick Benca said, “We have reason to believe that the West Memphis Police Department has received information in the form of confidential calls to their tip line which has the potential to be very important to Damien Echols’s case, and that information should be made available to the defense team or those legal authorities responsible for reviewing such evidence. If the WMPD continues to refuse to turn over any and all information received that bears on the conviction of Damien Echols, Jason Baldwin and Jesse Misskelley, we would respectfully ask them to turn that information over to District Prosecutor Scott Ellington for proper review.”

Prosecutor Ellington, who agreed to the Alford plea that allowed the three men to go free, has publicly stated numerous times that he would review any credible information regarding the case of the West Memphis 3.

Benca also suggests that anyone who has called the West Memphis Police Department with information about the WM3 case, please contact the WM3 Confidential Tip Line at (501) 256-1775. “There still remains a $200,000 reward for any information that leads to the arrest and conviction of the person(s) responsible for the murders of Stevie Branch, Michael Moore and Christopher Byers.”

The West Memphis 3 Confidential Tip Line has been very effective in obtaining new evidence in the case pointing to the innocence of the three men. Calls made to the tip line by three eyewitnesses have placed Terry Hobbs with the children immediately before they disappeared. Three other callers provided sworn statements that Terry Hobbs’ nephew, Michael Hobbs Jr., revealed the Hobbs family secret: that his uncle Terry was responsible for the murder of the three children.

Reward Upped to $200,000 To Find Killers in WM3 Case

Wednesday, March 14th, 2012

Another anonymous donor has come forward and, as a result, Damien Echols’s defense team has doubled the amount of the reward to $200,000 to find the real killers of the three young boys in the West Memphis 3 case. The donors have chosen to remain anonymous and have placed a time limit on the reward offer. If no direct evidence emerges, the funds will be allocated toward further DNA and investigative efforts.

Evidence will be turned over to Scott Ellington, District Prosecutor, who has committed to review evidence presented to him from Echols’s defense team.

 Little Rock attorney Patrick Benca said, “We are encouraged by the response to the original reward offer and have received some very important leads as to who may have killed these three little boys. Now that another supporter has stepped forward to pledge even more reward money, we feel confident that we will get to the bottom of this case.”

Capi Peck, founder of Arkansas Take Action, said, “It is time that those who know who committed this terrible crime come forward and provide information that can put this stain on the Arkansas criminal justice system to rest. It is just the right thing to do now. We do not intend to stop until those responsible are brought to justice, and those who spent half their lives imprisoned are exonerated.”

 Confidential Tip Line 501.256.1775 or send information to PO Box 183, 6834 Cantrell Road, Little Rock, AR 72207. See www.freewestmemphis3.org.