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CR93-450
FILED
05 FEB-8 PM 4:34

Petitioner Damien Echol's Acknowledgment of Information on Destructive DNA Testing

Waiver of Statutory Rights to Retain Specific Biological Evidence for Retesting

1. I, Damien Echols, am the Petitioner and a Defendant in State v. Echols, Clay County Circuit Court, Case No. 93-450. I am currently represented by lawyers Dennis P. Riordan, Donald M. Horgan and Deborah Sallings in post-conviction proceedings, including proceedings brought under Arkansas Code 16-112-201 et seq.

2. I understand that these proceedings are being conducted to assist me and my lawyers in getting access to evidence in the case for the purpose of having that evidence retested at my request. Through my signature below, I am informing the Court, and all parties, that I have been made aware of the Petition and Motion filed by my lawyers to obtain an Order allowing the testing or retesting of the physical evidence related to my case; I have conferred with my lawyers on the subject of the Petition and Motion insofar as it involves the retesting or testing of evidence pertinent to my case; I have reviewed documents supplied to me by my lawyers and pertaining to this testing process.

3. I understand that DNA tests are to be conducted in my case, and that some of these tests will result in the partial, or complete, destruction of evidence, and I understand that this destruction will occur as part of the DNA testing process. I have further been informed, and understand, that the Arkansas Code Sections 16-112-20 et seq. provide that no post-conviction destructive testing is to be undertaken.

4. I have specifically been informed by my lawyers, and understand, that in my case it is likely that a number of hairs which were obtained as part of the investigation of my case, will be completely destroyed during the course of the DNA testing process which my lawyers and I have requested, and that there are no similar hairs that could be used for further testing should I be dissatisfied with the results of the DNA tests conducted.

5. I understand and acknowledge that destructive DNA testing will go forward in my case if the Court accepts this waiver of rights, and signs a DNA testing order that has been prepared in my case. I know that this means that evidence will be tested and destroyed, and that I will not be able to complain, or object about that destruction, and that the State has also agreed not to complain or object to such destructive testing.

6. Through this document, I now freely, knowingly, and voluntarily give up my right to insist that only non-destructive testing be conducted in my case. I freely, knowingly, and voluntarily consent to the use of destructive DNA testing on items of

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evidence.

7. I intend for this acknowledgment of rights, and waiver, to apply only to the DNA testing that will be conducted by Bode Technologies, Inc..

8. No one has threatened me, made any promises to me, or offered me any inducements to obtain my signature below. No one has threatened members of my family, made any promises to them, or provided them inducements to influence me to place my signature below. I am doing so freely and voluntarily, after consultation with counsel.

9. My signature below is evidence that I have read and understood this document which is a waiver of important rights. I hereby consent to the use of destructive testing by Bode Technologies, Inc. in its processing of physical evidence in this case.

Date: 1-25-05

[signed]
DAMIEN ECHOLS

Witnessed by:
Date: 1-27-05

[signed Lorri Davis]
Signature

Lorri Davis architect
Please print name and occupation


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I, Dennis P. Riordan, attest that, as his counsel, I am familiar with the signature of Damien Echols. I recognize the signature on the attached waiver to be his. Additionally, Mr. Echols has confirmed to me verbally that he signed the waiver on January 25, 2005. It is on that basis that I have witnessed his signature. Lorri Davis, Mr. Echols' wife, has witnessed his signature on the same basis.


Dated: February 3, 2005

[signed]
DENNIS P. RIORDAN


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