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WM3 prosecutor wants to see more evidence before moving forward


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Reported by: David Goins
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Updated: 1/30/2012 6:23 pm Published: 1/30/2012 6:12 pm
LITTLE ROCK, AR - The prosecutor reviewing new claims by attorneys representing Damien Echols says he is unsure whether or not he will take action on the information.

The statement from prosecutor Scott Ellington came after supporters of the West Memphis 3 showed a new documentary to members of the Little Rock media on Monday.

The key takeaway from the new "West of Memphis" documentary is witness accounts from friends of Michael Hobbs Jr, the nephew of Terry Hobbs.

Each say the nephew told them his uncle killed three West Memphis boys in 1993.

Stevie Branch, Michael Moore and Christopher Byers were found murdered in a watery ditch not far from their homes in West Memphis. Hobbs is the stepfather of Branch.

The claims originally surfaced in a press release from the defense team on January 20th, the same day the documentary debuted at the Sundance Film Festival in Utah.

Hobbs denied the claims through his attorney Ross Samspon at that time.

"This isn't actually evidence,” Sampson said. “Evidence is something you can present in court. From what I'm reading, none of this would be admissible against anybody on planet earth."

But Patrick Benca, Echols defense attorney in Arkansas, gave those statements to prosecutor Scott Ellington and allowed him to view the new documentary.

"I'll give him as much space as he possibly needs in order to make a decision that is best suited for him,” Benca said Monday. “Hopefully it will be in favor of Damien, Jason and Jessie."

Ellington told FOX16 News he has not made a final decision yet on what he will do with the new information.

"At this instant I would hesitate to do a whole lot with what I've been given without more," Ellington says. “I believe its substantive value is not as strong as what some of the defense team, or at least the supporters feel it should be."

Capi Peck with Arkansas Take Action, the local grassroots support team for Damien Echols, Jason Baldwin and Jessie Misskelley thinks the information carries weight.

"I think that if Scott Ellington sits down, delves into those boxes of information and looks at the documentary, reopens the case, then truly exoneration will happen," Peck says.

But when or if the case is ever re-opened is still very much an unanswered question.

Ellington added he certainly has no intention of reopening an 18 year old murder investigation without at least having a good basis to do that. Right now, he's trying to assess whether or not that basis exists.

Echols, Baldwin, and Misskelley entered alford pleas last August that allowed them to maintain their innocence, get out of prison but plead guilty to killing the three boys.

Echols defense team says if prosecutors don't take action on their new information, they will move forward with applying for a pardon.

West Memphis 3 supporters say the "West of Memphis" documentary does not have a distributor yet but is set for theatrical release in September.

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The views expressed here do not necessarily represent those of FOX16 - Breaking News and Weather to Plan Your Day for Little Rock and Central Arkansas

ChattyCathy - 2/3/2012 1:15 AM
0 Votes
ogosh,I typed 3 months? he spent 6 months in co. like it even makes a difference,6 MONTHS NO DIFFERENT THAN 6 MINUTES but Don't wanna be thought of as a liar! Save that for WMPD! JMHO jail,sorry posters,had to clarify!

ChattyCathy - 2/3/2012 1:11 AM
0 Votes
SEE MORE,R YOU FRIKKIN KIDDIN? ALREADY MORE THAN THERE EVER WAS ON WM3,LETS JUST COUNT THE HAIR,BEEEEEP BEEEEEEEP,NOT ONE OF WM3'S HAIR WAS THERE....CORRUPT DISHONEST & LAZY AZZ WMPD IS RIGHT,TO SAVE THEIR OWN AZZ & MONEY THEY STILL ALLOW THE VICTIMS NOT ONE SHRED OF JUSTICE,RATHER THAN BE WRONG & STILL LET THE KILLER WALK,DON'T SURPRISE ME,MY HUSBANDS KILLER SPENT 3 MONTHS IN CO JAIL??

TheLastHuman - 2/1/2012 7:41 PM
0 Votes
It's my understanding the they have DNA, so why can't they get a warrant for his DNA?

Peter Hansen - 1/30/2012 10:57 PM
3 Votes
The evidence is clear and it's so painfully obvious who the killer is that if Ellington does not act soon, he'll go down in history as being every bit as corrupt as the officials who railroaded those boys in the first place. Someone in Arkansas needs to do the right thing once and for all.

Dee Livermore - 1/30/2012 9:08 PM
2 Votes
Ellington should apply the law properly by arresting the real killer, based upon the new evidence that has been presented to him. In doing so, he will have done the right thing, which will place him head and shoulders ABOVE those who mishandled the murders of those three children on May 5, 1993. Mr. Ellington did not participate in this case when it occurred. However, he is in the the unique position to restore the faith, honor and respect to the State Attorneys' Office. Strength and wisdom are required to make the correct decision. Hopefully, Mr. Ellington will move forward to rectify this tragic nightmare for all concerned. It will bring peace of mind and closure to all victims, their families and those who have steadfastly fought to bring truth and justice for the murders of Stevie Branch, Christopher Byers and Michael Moore.

dfuller4555 - 1/30/2012 8:19 PM
4 Votes
The Prosecution has to know that they made a mistake even though they will never admit it. With all the information that has come to light over the years how could they not know that they made a huge mistake, what about that Kent Arnold information that is out there now? Right off there that tell’s everyone that the State made a huge mistake. Judge Burnett will never admit that every single time those a Appeals came before him he was hiding under a lie time after time. What kind of man can live like that? There are so many, many people hiding here under a lie and they will never crawl out from under the rock, it’s gotta be cozy under there. I’m glad that for what ever it’s worth over all these years I remained unmoved from my belief in 3 Teens who are now Men. They are not guilty! I can’t imagine how anyone can believe differently with what is out in the open today. Someone sat in that Court day after day and listened to Jessie lie about what happened, and sat there while Damien was sentenced to Death. I can only imagine what type of human being does something like that. You know Karma can be Hell....

Pistol - 1/30/2012 7:28 PM
5 Votes
The main problem is that NO ONE, NO ONE, on the prosecution side wants to reopen this case because then it would be shown that the WM3 were railroaded by the prosecution and police. I know that even if Ellington had actual filmed proof of the murders, he still would not reopen the case. This is a black eye on Arkansas law enforcement and courts.

Butch54 - 1/30/2012 7:06 PM
2 Votes
People in this country that are not happy should study the others. Then find one that fits them. One thing and the only thing I will say for these three is their story has never changed. Liars have to have a good memory. The thing that does not change and is easy to keep straight is the truth. I haven't seen a change in theirs since this whole thing started. Three people have to be pretty good liars and mind readers to keep telling the same stories for years. I have doubts both ways. I'll leave it to God.

Hatemonger - 1/30/2012 6:48 PM
1 Vote
Hey Ellington tell the good old boys in the back room its time someone stood up for the three little boys how lost there lives. because the police did such a bad job the first time let's get it right once and for all.
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