Copyright 1993, The Commercial Appeal
The Commercial Appeal (Memphis)
September 27, 1993, Monday, FINAL EDITION
SECTION: METRO, Pg. B1
LENGTH: 685 words
HEADLINE: STACK OF MOTIONS FACES JUDGE IN ARK. CASE OF 3 SLAIN BOYS
BYLINE: Bartholomew Sullivan; The Commercial Appeal
DATELINE: MARION, ARK.
BODY:
When Circuit Judge David Burnett takes the bench this morning to resolve issues in the West Memphis triple murder case, he'll be working from a file almost 9 inches thick.
More than 50 motions are pending in the case on issues as basic as how many trials will be held, and where, to the legal minutia of what specific evidence should be kept from the jury - or juries.
More motions are expected to be filed at the bar in court today.
Damien Wayne Echols, 18, Jessie Lloyd Misskelley Jr., 18, and Charles Jason Baldwin, 16, are charged with murder in the May 5 deaths of West Memphis 8- year-olds Steve Branch, Michael Moore and Christopher Byers. The courtroom in the old, white-columned Crittenden County Courthouse will again be packed with spectators, and law enforcement officials are expected to use metal detectors again at the door.
Some issues, such as defense attorneys' requests that their clients be permitted to wear civilian clothes to court proceedings, may be made moot if the three show up in coats and ties.
Others, such as a request from one defense team that the case's court file be sealed after today, could result in protracted argument.
The Commercial Appeal last week filed a lawsuit asking to intervene in the case and register its objection to the request to seal the file.
All three defense teams have asked that their clients be tried outside Crittenden County, and two have asked Burnett to overturn a state law that requires the trials be held within the six-county Second Judicial District. All three defendants claim that the case, which has drawn national attention, should be tried away from the glare of the Memphis media market.
On Friday, lawyers filed 39 motions, many related to the state's plan to impose the death penalty in the event of murder convictions.
Some of the motions ask for more time - to file more motions.
Burnett may decide today on a defense request to order separate trials for Baldwin and Echols.
He agreed Aug. 4 to order a separate trial for Misskelley, whose alleged statement to police implicated Baldwin and Echols.
Lawyers also have asked Burnett to rule that the Arkansas death penalty statute is unconstitutional because it provides a form of cruel and unusual punishment that violates the Eighth Amendment.
Baldwin's lawyers argue that the statute is vague when it states the penalty can be used only ''under circumstances manifesting extreme indifference to the value of human life.''
But they also have asked that details about those circumstances be kept from jurors. In a motion filed last week, Baldwin's lawyers sought to prevent the state or prospective state witnesses from making reference to the use of the chemical Luminol at the crime scene.
The chemical reacts with certain metals and blood and glows light blue. The Arkansas Supreme Court earlier this year reversed the conviction of a Henderson man accused of murdering his wife, saying references to Luminol testing should have been excluded at trial.
Baldwin's lawyers also asked the court to exclude the use at trial of photographs taken of the victims, arguing that their use would be ''unduly prejudicial.''
Police have said the victims were found in a gully with their hands and feet tied. Misskelley's statement to police says they were brutalized with a knife and stout club.
In addition, lawyers for Baldwin and Echols filed nearly identical motions Friday asking that jurors be summoned to court by mail, rather than by telephone, to assure the widest possible jury pool - including people who don't own telephones.
They also filed motions seeking to sequester witnesses in the case - keeping prospective witnesses outside the courtroom to prevent their hearing other witnesses' testimony.
They also asked to compel state prosecutors to reveal any agreement entered into between the state and prosecution witnesses that could influence their testimony.
Both asked Burnett to require law enforcement officers to retain the rough notes they made during the monthlong investigation that led to arrest of the three.
