Lawyers allege illegal search of Baldwin's home
June 29, 1993
By Bartholomew Sullivan
Evidence seized by police when they executed a search warrant at the home of a 16-year-old suspect in the West Memphis triple-murder case should not be available for use at trial, lawyers argued in court papers filed Monday.
Lawyers for Charles Jason Baldwin, charged June 3 with three counts of capital murder, said the police did not comply with state law when they entered Baldwin's home on the night of his arrest.
After co-defendant Jessie Lloyd Misskelley Jr., 17, gave police a statement that implicated Baldwin and Michael Wayne Echols, 18, in the murders, police sought a search warrant for all three defendants' mobile homes. Police told Municipal Judge William P. Rainey that the items to be seized were in imminent danger of removal. Rainey authorized the nighttime search on that basis.
Baldwin, Echols and Misskelley, charged in the May 5 deaths of 8-year-olds Steve Branch, Michael Moore and Christopher Byers, are being held without bond at undisclosed locations.
According to a brief in support of their motion to suppress the evidence, filed Monday in Crittenden County Circuit Court, Baldwin's lawyers said West Memphis police misled Rainey. They told him the evidence they were seeking was in imminent danger of being removed or destroyed, adding the alleged murderers were "friends and members of a close-knit cult group."
Baldwin's lawyers, Paul N. Ford and George Robin Wadley Jr. of Jonesboro, said that there is nothing in Misskelley's statement indicating that Baldwin was Misskelley's friend or "ever participated in occultic activities." The lawyers also said there was nothing to suggest the evidence wouldn't have been available the next morning.
Police Inspector Gary Gitchell, the lead detective on the case, declined comment on the motion to suppress the evidence seized in the search of Baldwin's home. Prosecutor John Fogleman also said he had no comment on the motion.
Ford and Wadley say that blood and hair samples taken from their client on the night of his arrest also violated state law.
State prosecutors filed a motion June 17 seeking samples of the defendants' blood, hair and saliva. That motion is pending in court.
Lawyers for Misskelley said last week that they plan to contest the state's motion. Baldwin's lawyers say that because some samples have already been obtained illegally, the state would be violating his constitutional rights if it permits taking additional samples.
Ford and Wadley contend that Misskelley's statement did not provide sufficiently detailed information for the 45-page list of items connected with the murders sought at Baldwin's home.
Their motion also states that the police asked for material generally available "in any home in Crittenden County." For example, in their motion, the lawyers stated police said they would be looking for "blue, green, red, black (or) purple fibers," and "blue, yellow, red paint or plastic."
The motion does not say what was seized from Baldwin's house because of an existing Circuit Court judge's order prohibiting disclosure of the police investigative file.
But it does say that samples of handwriting were taken from Baldwin's home.
The Fourth Amendment prohibits unreasonable searches and seizures. Arkansas law goes further, requiring police to conduct searches between 6 a.m. and 8 p.m. unless the circumstances in which the objects are to be seized are ''difficult to predict with accuracy" or when there is imminent danger that evidence will be removed.
The search of Baldwin's home began at 10:32 p.m. and ended at 12:59 a.m., June 4, after Rainey signed a search warrant at 9:50 p.m.
The hair and blood samples also were taken at night.
June 29, 1993
By Bartholomew Sullivan
Evidence seized by police when they executed a search warrant at the home of a 16-year-old suspect in the West Memphis triple-murder case should not be available for use at trial, lawyers argued in court papers filed Monday.
Lawyers for Charles Jason Baldwin, charged June 3 with three counts of capital murder, said the police did not comply with state law when they entered Baldwin's home on the night of his arrest.
After co-defendant Jessie Lloyd Misskelley Jr., 17, gave police a statement that implicated Baldwin and Michael Wayne Echols, 18, in the murders, police sought a search warrant for all three defendants' mobile homes. Police told Municipal Judge William P. Rainey that the items to be seized were in imminent danger of removal. Rainey authorized the nighttime search on that basis.
Baldwin, Echols and Misskelley, charged in the May 5 deaths of 8-year-olds Steve Branch, Michael Moore and Christopher Byers, are being held without bond at undisclosed locations.
According to a brief in support of their motion to suppress the evidence, filed Monday in Crittenden County Circuit Court, Baldwin's lawyers said West Memphis police misled Rainey. They told him the evidence they were seeking was in imminent danger of being removed or destroyed, adding the alleged murderers were "friends and members of a close-knit cult group."
Baldwin's lawyers, Paul N. Ford and George Robin Wadley Jr. of Jonesboro, said that there is nothing in Misskelley's statement indicating that Baldwin was Misskelley's friend or "ever participated in occultic activities." The lawyers also said there was nothing to suggest the evidence wouldn't have been available the next morning.
Police Inspector Gary Gitchell, the lead detective on the case, declined comment on the motion to suppress the evidence seized in the search of Baldwin's home. Prosecutor John Fogleman also said he had no comment on the motion.
Ford and Wadley say that blood and hair samples taken from their client on the night of his arrest also violated state law.
State prosecutors filed a motion June 17 seeking samples of the defendants' blood, hair and saliva. That motion is pending in court.
Lawyers for Misskelley said last week that they plan to contest the state's motion. Baldwin's lawyers say that because some samples have already been obtained illegally, the state would be violating his constitutional rights if it permits taking additional samples.
Ford and Wadley contend that Misskelley's statement did not provide sufficiently detailed information for the 45-page list of items connected with the murders sought at Baldwin's home.
Their motion also states that the police asked for material generally available "in any home in Crittenden County." For example, in their motion, the lawyers stated police said they would be looking for "blue, green, red, black (or) purple fibers," and "blue, yellow, red paint or plastic."
The motion does not say what was seized from Baldwin's house because of an existing Circuit Court judge's order prohibiting disclosure of the police investigative file.
But it does say that samples of handwriting were taken from Baldwin's home.
The Fourth Amendment prohibits unreasonable searches and seizures. Arkansas law goes further, requiring police to conduct searches between 6 a.m. and 8 p.m. unless the circumstances in which the objects are to be seized are ''difficult to predict with accuracy" or when there is imminent danger that evidence will be removed.
The search of Baldwin's home began at 10:32 p.m. and ended at 12:59 a.m., June 4, after Rainey signed a search warrant at 9:50 p.m.
The hair and blood samples also were taken at night.
