Defense sees evidence against Ark. suspects
June 16, 1993
By Bartholomew Sullivan
Prosecutors Tuesday began revealing their evidence to the defense in the West Memphis child slaying case, defense attorneys said.
The six lawyers appointed last week to represent Jessie Lloyd Misskelley Jr., Michael Wayne Echols and Charles Jason Baldwin met Deputy Prosecutor John Fogleman to discuss access to the evidence, called discovery.
By midafternoon, and without a judge's intervention, both sides agreed that some of the evidence would be provided Tuesday and that other evidence will be made available as lawyers prepare for trial.
Defense lawyers Daniel T. Stidham and George Robin Wadley Jr. had filed motions in Crittenden County Circuit Court seeking a judge's order requiring prosecutors to provide the evidence that persuaded authorities to charge their clients June 4 with the slaying of three 8-year-old boys on May 5.
The courts long ago established a defendant's right to know what evidence the prosecution will present. And in 1976, the U.S. Supreme Court ruled that evidence that would tend to establish innocence or mitigate criminality also must be be turned over once it is requested. Both Stidham's and Wadley's motions sought such evidence.
A change of venue for the eventual trial was not discussed Tuesday. Fogleman said that, except for the level of news media interest, the case is being handled like any other.
Last week, Stidham, who represents Misskelley, 17, said he would be ''screaming and hollering for access" to the evidence if it wasn't provided promptly.
On Tuesday, he said he was pleased at the cooperation.
Arkansas Attorney General's Office ombudsman Robert Fisher said there is ''no hard and fast rule" about when discovery evidence must be provided.
But he said it is in the courts' interest for defendants to "receive a fair and speedy trial and a good sound defense," based upon the available evidence.
Defense lawyer Val P. Price, representing Echols, 18, said the case was unusual "because there's so much evidence," adding, "we will receive some discovery today."
Wadley, representing Baldwin, said he needs the evidence to prepare his client's defense and wants to make sure nothing is lost. Paul N. Ford, also representing Baldwin, said he met with his client Monday.
"For a 16-year-old, he's handling things right well," he said.
June 16, 1993
By Bartholomew Sullivan
Prosecutors Tuesday began revealing their evidence to the defense in the West Memphis child slaying case, defense attorneys said.
The six lawyers appointed last week to represent Jessie Lloyd Misskelley Jr., Michael Wayne Echols and Charles Jason Baldwin met Deputy Prosecutor John Fogleman to discuss access to the evidence, called discovery.
By midafternoon, and without a judge's intervention, both sides agreed that some of the evidence would be provided Tuesday and that other evidence will be made available as lawyers prepare for trial.
Defense lawyers Daniel T. Stidham and George Robin Wadley Jr. had filed motions in Crittenden County Circuit Court seeking a judge's order requiring prosecutors to provide the evidence that persuaded authorities to charge their clients June 4 with the slaying of three 8-year-old boys on May 5.
The courts long ago established a defendant's right to know what evidence the prosecution will present. And in 1976, the U.S. Supreme Court ruled that evidence that would tend to establish innocence or mitigate criminality also must be be turned over once it is requested. Both Stidham's and Wadley's motions sought such evidence.
A change of venue for the eventual trial was not discussed Tuesday. Fogleman said that, except for the level of news media interest, the case is being handled like any other.
Last week, Stidham, who represents Misskelley, 17, said he would be ''screaming and hollering for access" to the evidence if it wasn't provided promptly.
On Tuesday, he said he was pleased at the cooperation.
Arkansas Attorney General's Office ombudsman Robert Fisher said there is ''no hard and fast rule" about when discovery evidence must be provided.
But he said it is in the courts' interest for defendants to "receive a fair and speedy trial and a good sound defense," based upon the available evidence.
Defense lawyer Val P. Price, representing Echols, 18, said the case was unusual "because there's so much evidence," adding, "we will receive some discovery today."
Wadley, representing Baldwin, said he needs the evidence to prepare his client's defense and wants to make sure nothing is lost. Paul N. Ford, also representing Baldwin, said he met with his client Monday.
"For a 16-year-old, he's handling things right well," he said.
