Copyright 1994, The Commercial Appeal
The Commercial Appeal (Memphis)
March 15, 1994, Tuesday, Final Edition
SECTION: NEWS, Pg. 8A,
LENGTH: 571 words
HEADLINE: Defense planned to challenge boy on stand
BYLINE: By Marc Perrusquia, The Commercial Appeal
DATELINE: JONESBORO, Ark.
BODY:
Defense attorneys planned to question the credibility of a young
boy who told police he witnessed satanic activities connected to the
murders of three classmates, transcripts of jury selection show.
The prosecution has not called 8-year-old Aaron Hutcheson to
testify during the triple-murder trial of Damien Wayne Echols and
Charles Jason Baldwin. Yet defense attorneys made it known early on
that they would scrutinize his testimony.
The transcripts also show defense attorneys feared widespread
publicity in the case, while prosecutors screened potential jurors for
their ability to look at graphic photographs of the murdered children.
Lawyers for The Commercial Appeal obtained the transcripts after
the Arkansas Supreme Court ruled a judge had erred when he excluded
the public and press from jury selection in the trial of Echols, 19,
and Baldwin, 16.
The Supreme Court ruled two weeks ago that Circuit Judge David
Burnett exceeded his authority in ordering the closed-door questioning
of prospective jurors. The Commercial Appeal obtained tape-recordings
of the questioning, and recently completed transcribing the tapes.
Echols and Baldwin are accused of murdering 8-year-olds Steve
Branch, Christopher Byers and Michael Moore last May. The defense
rested Monday, and the judge expects the case to go to the jury
Wednesday.
During jury selection, Echols's attorneys repeatedly asked
potential jurors if they could fairly assess the credibility of a
child who ''may testify in this case,'' transcripts show.
''If a child testifies, could you judge the credibility of that
child just as you would anybody else?'' attorney Scott Davidson asked
prosective jurors at one point, later adding: ''And do you agree with
me that using . . . common sense that children can be persuaded and
exaggerate and embellish from time to time?''
A prospective female juror answered: ''Over the course of time,
they can be made to say what you want them to say.''
The questioning may provide insight into why the prosecution has
not called Aaron, who could still be called as a rebuttal witness.
Aaron and his mother, Victoria Hutcheson, 30, played key roles in
a police investigation of the murders last year, but credibility
questions have surfaced.
A police detective testified last week that Aaron had seen five
people with two of the victims ''and saw what he described as satanic
activities.'' Police have said the boy identified all three
defendants, leading to widespread speculation he may have witnessed
the murders.
A police tape-recording of Aaron's voice saying ''Nobody knows
what happened but me'' sparked a confession from Jessie Misskelley
Jr., leading to the arrests June 3 of him, Echols and Baldwin.
Misskelley, 18, received life plus 40 years last month after a jury
convicted him in the slayings.
Yet Aaron has told several versions of his story to police,
sources said.
Defense and prosecution attorneys had argued against opening jury
questioning to the public, saying the nature of the case required them
to ask sensitive questions about sexual abuse and child molestation.
Several hundred pages of transcripts revealed one instance related to
abuse, in which a potential juror said she once was sexually abused by
a cousin.
