Copyright 1994, The Commercial Appeal
The Commercial Appeal (Memphis)
February 19, 1994, Saturday, Final Edition
SECTION: NEWS, Pg. 1A
LENGTH: 677 words
BYLINE: Bartholomew Sullivan, The Commercial Appeal Staff reporter Kenneth Heard contributed to this story.
DATELINE: JONESBORO, Ark.
BODY:
Jessie Lloyd Misskelley Jr., who did not testify at his own trial,
has been removed from a Department of Correction facility by Craighead
County officials, fueling speculation he may become the state's star
witness in the trial of two co-defendants.
Charles Jason Baldwin, 16, and Damien Wayne Echols, 19, are
scheduled to go on trial Tuesday in Jonesboro on capital murder
charges in the May 5 deaths of three West Memphis 8-year-olds.
Circuit Judge David Burnett said Friday that he ordered
Misskelley, 18, transported from the Arkansas Department of Correction
Diagnostic Unit at Pine Bluff to Craighead County. He called the order
''a routine matter.''
It was unclear whether Misskelley is contemplating a
post-conviction plea bargain or whether he is talking to prosecutors.
Although Department of Correction spokesman Alan Ables said
Misskelley left department custody Thursday afternoon to go ''out to
court,'' he has not appeared in court since his Feb. 4 conviction.
Misskelley was found guilty of first- and second-degree murder and
was sentenced by Burnett to life plus 40 years. State law permits a
trial judge 120 days to change a sentence. After that, only action by
an Arkansas governor can reduce a life sentence to a term of years and
the chance of parole.
Misskelley's lawyers, Daniel T. Stidham and Gregory L. Crow, have
not returned repeated phone calls to their offices in Paragould made
every day since Monday. Deputy Prosecutor John N. Fogleman declined to
discuss negotiations involving Misskelley Friday night.
Echols's lawyer, Val P. Price of Jonesboro, said that, as of 4
p.m. Friday, he had not been informed of any deals for Misskelley's
testimony at the second trial.
''I can say for the record that we have not been apprised of any
deals concerning Misskelley,'' said Price, reached at the Memphis
offices of a private detective service assisting in Echols's defense.
Baldwin's attorney, George Robin Wadley Jr. of Jonesboro, said he
would have no comment on Misskelley's release from the diagnostic
unit.
Craighead County Sheriff Larry Emison said Misskelley was picked
up by his deputies and transported ''to this area,'' but said that he
will not be housed at the Craighead County Detention Center in
Jonesboro.
Emison confirmed that both Baldwin and Echols are being held at
the Jonesboro facility and said their presence was his main reason for
not wanting to keep Misskelley there, too. Baldwin and Echols are
being kept in isolation cells ''out of sight and sound'' of one
another, Emison said.
Other county jails in the Second Judicial District in Greene,
Poinsett, Mississippi and Crittenden counties said Misskelley was
not in their facilities. A Clay County jailer referred the question to
Sheriff Darvin Stow, who did not return a call.
Also Friday, attorneys for Baldwin dropped their objection to
allowing cameras in the courtroom during the second trial. Burnett had
ruled Wednesday, based on Baldwin's attorneys' objections, that all
cameras, including the kind of live-action television coverage
available at Misskelley's trial, would be banned.
Baldwin's lawyer, Paul N. Ford, said Friday that ''based on new
developments, we believe that accurate reporting is more necessary
than ever.'' He declined to elaborate on those developments.
Sheriff Emison called a news conference Friday to describe
security procedures that will take effect Tuesday.
Emison said downtown merchants had expressed concerns that
reporters and spectators will flood private parking lots near the
courthouse, and said part of Jackson Street will be restricted for use
by court personnel and news organizations.
Emison said 15 to 18 officers from his department, the Arkansas
State Police and the Jonesboro Police Department will provide
security. Crittenden County will be billed $ 10 per hour for their
services.
GRAPHIC: Photo; (Color) Jessie Misskelley Jr.; lley moved as 2nd trial
nearsep
