Copyright 1994, The Commercial Appeal
The Commercial Appeal (Memphis)
February 24, 1994, Thursday, Final Edition
SECTION: NEWS, Pg. 1A
LENGTH: 850 words
HEADLINE: Misskelley rejects offer to testify
But 'anything's possible,' attorney says
BYLINE: Bartholomew Sullivan, The Commercial Appeal
DATELINE: JONESBORO, Ark.
BODY:
Jessie Lloyd Misskelley Jr. has decided not to testify against his
co-defendants in the West Memphis child murders case, one of his
attorneys said Wednesday.
The decision apparently is not irreversible. Asked if he thought
Misskelley might change his mind, attorney Daniel T. Stidham said,
''Anything's possible.''
Misskelley apparently rejected an offer Tuesday night from
prosecutors who said they would seek a reduced sentence in exchange
for testimony at the trial of Charles Jason Baldwin and Damien Wayne
Echols.
Jury selection is under way for the trial of Baldwin, 16, and
Echols, 19, who are charged with capital murder in the May 5, 1993,
deaths of West Memphis 8-year-olds Steve Branch, Michael Moore and
Christopher Byers.
Misskelley, 18, was convicted this month of three counts of
murder. He escaped a death sentence, but received life plus 40 years.
Prosecutors did make Misskelley an offer Tuesday night to ask
Circuit Judge David Burnett to reduce his life plus 40-year sentence
in exchange for his truthful testimony in the second West Memphis
triple-murder case, according to a Jonesboro lawyer present at the
negotiations.
Misskelley met with lawyers for 2 hours at the Craighead County
Jail Tuesday night, according to Phillip J. Wells, a Jonesboro
attorney appointed to evaluate his understanding of the legal issues
involved in testifying.
Wells said he could not reveal the prosecutors' offer.
Wells said it was his impression that Misskelley was under a lot
of pressure and that his decision Wednesday not to testify could
change. Misskelley asked to see his parents and was allowed to visit
with them briefly in the Craighead County Jail, he said.
Also on Wednesday, Deputy Prosecutor John N. Fogleman labeled as
untrue a defense attorneys' assertion that Fogleman had offered
Misskelley a 40-year sentence in exchange for his testimony.
The defense motion filed Tuesday stated that Fogleman had talked
to Misskelley's father on Feb. 16 about the 40-year deal.
Dropping the life sentence would make Misskelley eligible for
parole eventually. A life sentence under Arkansas law can be reduced
only by the governor. Burnett has the authority to modify the sentence
for 120 days after it was imposed Feb. 4.
The second day of jury selection in Baldwin's and Echols's capital
murder trial proceeded more smoothly but only slightly more
productively than the first, which was taken up by long arguments over
prosecution efforts to elicit Misskelley's testimony over the weekend.
When court recessed, only one juror of the first 18 questioned had
been chosen for the panel. Burnett wants 12 jurors plus three
alternates for what is expected to be a three-week trial.
Burnett and the lawyers are questioning potential jurors in his
chambers away from the public and news media.
In preliminary questioning by Burnett in open court, the judge
dismissed two potential jurors who said saturation news coverage since
the boys' bodies were found May 6 had created lasting impressions that
would be hard to overcome.
Burnett also allowed defense lawyers to question privately a woman
who said in court that she could not in good conscience agree to
impose the Arkansas death penalty prosecutors are seeking.
Wells said he was appointed Tuesday afternoon to listen to
Misskelley and ''find out if he was aware of the options and
consequences'' of testifying against his co-defendants with a grant of
use immunity. Use immunity would prevent prosecutors from using
anything he said in court against him in any future legal proceeding,
including his appeal.
After Misskelley was summoned to the courthouse here Tuesday,
Wells was asked by Burnett to listen to Misskelley as he spoke with
Stidham and his other court-appointed lawyer, Gregory L. Crow.
''The judge was sensitive that, should he decide to testify, it
was an intelligent decision on his part,'' Wells said.
Wells said prosecutors met with Misskelley and made their offer
between 7 p.m. and 9:30 p.m. at the jail. Wells also said prosecutors
may consider modifying their offer.
Stidham left Wednesday afternoon for a vacation in Mexico and it
was unclear whether prosecutors will be given an opportunity to speak
with his client.
Burnett rejected a defense motion Tuesday that asserted
prosecutors engaged in misconduct when they brought Misskelley from
the Arkansas Department of Corrections diagnostic unit at Pine Bluff
to the deputy prosecuting attorney's office for Clay County last
Thursday.
Stidham, commenting for the first time publicly on the
prosecution's tactic, said he was ''very angry.''
The transfer was made after Burnett signed an order last week that
Misskelley was ''to be transported to Craighead County.'' A Department
of Corrections spokesman said he didn't know whether Misskelley was en
route back to prison Wednesday.
GRAPHIC: Photo; By Lisa Waddell; yne Echols in the slaying of three boys,
sits quietly in court as his lawyers discuss the case during jury
selection Wednesday in Jonesboro, Ark.yne Echols in the slaying of
three boys, s
The Commercial Appeal (Memphis)
February 24, 1994, Thursday, Final Edition
SECTION: NEWS, Pg. 1A
LENGTH: 850 words
HEADLINE: Misskelley rejects offer to testify
But 'anything's possible,' attorney says
BYLINE: Bartholomew Sullivan, The Commercial Appeal
DATELINE: JONESBORO, Ark.
BODY:
Jessie Lloyd Misskelley Jr. has decided not to testify against his
co-defendants in the West Memphis child murders case, one of his
attorneys said Wednesday.
The decision apparently is not irreversible. Asked if he thought
Misskelley might change his mind, attorney Daniel T. Stidham said,
''Anything's possible.''
Misskelley apparently rejected an offer Tuesday night from
prosecutors who said they would seek a reduced sentence in exchange
for testimony at the trial of Charles Jason Baldwin and Damien Wayne
Echols.
Jury selection is under way for the trial of Baldwin, 16, and
Echols, 19, who are charged with capital murder in the May 5, 1993,
deaths of West Memphis 8-year-olds Steve Branch, Michael Moore and
Christopher Byers.
Misskelley, 18, was convicted this month of three counts of
murder. He escaped a death sentence, but received life plus 40 years.
Prosecutors did make Misskelley an offer Tuesday night to ask
Circuit Judge David Burnett to reduce his life plus 40-year sentence
in exchange for his truthful testimony in the second West Memphis
triple-murder case, according to a Jonesboro lawyer present at the
negotiations.
Misskelley met with lawyers for 2 hours at the Craighead County
Jail Tuesday night, according to Phillip J. Wells, a Jonesboro
attorney appointed to evaluate his understanding of the legal issues
involved in testifying.
Wells said he could not reveal the prosecutors' offer.
Wells said it was his impression that Misskelley was under a lot
of pressure and that his decision Wednesday not to testify could
change. Misskelley asked to see his parents and was allowed to visit
with them briefly in the Craighead County Jail, he said.
Also on Wednesday, Deputy Prosecutor John N. Fogleman labeled as
untrue a defense attorneys' assertion that Fogleman had offered
Misskelley a 40-year sentence in exchange for his testimony.
The defense motion filed Tuesday stated that Fogleman had talked
to Misskelley's father on Feb. 16 about the 40-year deal.
Dropping the life sentence would make Misskelley eligible for
parole eventually. A life sentence under Arkansas law can be reduced
only by the governor. Burnett has the authority to modify the sentence
for 120 days after it was imposed Feb. 4.
The second day of jury selection in Baldwin's and Echols's capital
murder trial proceeded more smoothly but only slightly more
productively than the first, which was taken up by long arguments over
prosecution efforts to elicit Misskelley's testimony over the weekend.
When court recessed, only one juror of the first 18 questioned had
been chosen for the panel. Burnett wants 12 jurors plus three
alternates for what is expected to be a three-week trial.
Burnett and the lawyers are questioning potential jurors in his
chambers away from the public and news media.
In preliminary questioning by Burnett in open court, the judge
dismissed two potential jurors who said saturation news coverage since
the boys' bodies were found May 6 had created lasting impressions that
would be hard to overcome.
Burnett also allowed defense lawyers to question privately a woman
who said in court that she could not in good conscience agree to
impose the Arkansas death penalty prosecutors are seeking.
Wells said he was appointed Tuesday afternoon to listen to
Misskelley and ''find out if he was aware of the options and
consequences'' of testifying against his co-defendants with a grant of
use immunity. Use immunity would prevent prosecutors from using
anything he said in court against him in any future legal proceeding,
including his appeal.
After Misskelley was summoned to the courthouse here Tuesday,
Wells was asked by Burnett to listen to Misskelley as he spoke with
Stidham and his other court-appointed lawyer, Gregory L. Crow.
''The judge was sensitive that, should he decide to testify, it
was an intelligent decision on his part,'' Wells said.
Wells said prosecutors met with Misskelley and made their offer
between 7 p.m. and 9:30 p.m. at the jail. Wells also said prosecutors
may consider modifying their offer.
Stidham left Wednesday afternoon for a vacation in Mexico and it
was unclear whether prosecutors will be given an opportunity to speak
with his client.
Burnett rejected a defense motion Tuesday that asserted
prosecutors engaged in misconduct when they brought Misskelley from
the Arkansas Department of Corrections diagnostic unit at Pine Bluff
to the deputy prosecuting attorney's office for Clay County last
Thursday.
Stidham, commenting for the first time publicly on the
prosecution's tactic, said he was ''very angry.''
The transfer was made after Burnett signed an order last week that
Misskelley was ''to be transported to Craighead County.'' A Department
of Corrections spokesman said he didn't know whether Misskelley was en
route back to prison Wednesday.
GRAPHIC: Photo; By Lisa Waddell; yne Echols in the slaying of three boys,
sits quietly in court as his lawyers discuss the case during jury
selection Wednesday in Jonesboro, Ark.yne Echols in the slaying of
three boys, s
