[thanks, mum]

2/23/94

Misskelley backs out of deal, testimony
By Kathleen Burt
Evening Times Staff Writer and The Associated Press

JONESBORO - A teenager convicted of murder in the slayings of three West Memphis boys will not testify against two other defendants, his attorney said today.

Dan Stidham said Jessie Lloyd Misskelley Jr., 18, made the decision Tuesday night after meeting with him, co-counsel Greg Crow of Paragould and Misskelley's parents.

"I'm very angry that my client has been spoken to without my consent," Stidham said, referring to a conversation between Misskelley and prosecutors. He said he would mention that in Misskelley's appeal.

Defense attorneys said and sources confirmed that prosecutors offered to recommend a reduction in the life-plus-40-years sentence of Misskelley, possibly to 40 years, if he would testify truthfully against the two other defendants in the case.

Misskelly talked with a lawyer and with his parents for two hours Tuesday and about whether or not to testify against two co-defendants in the murders of which he was convicted earlier this month.

Jonesboro lawyer Phillip Wells was appointed Tuesday by Burnett to explain all the options available to Misskelley.

"Judge Burnett was concerned after a meeting by Mr. Misskelley with prosecuting attorneys over the objections of his attorneys. He wanted to bring in an independent counsel who was not biased toward either the prosecution or the defense to determine that Mr. Misskelley was not being pressured or swayed to testify," Wells said.

He added that he thought Misskelley was coherent and able to understand the options he was presented.

"He seemed show in intellectual functioning, but I am convinced he understood what his choices were," Wells said.

Wells said he met with Misskelley for two hours Tuesday afternoon in the judge's chambers and reviewed all the options the defendant had to weigh.

Later Wells met with Misskelley again after the youth indicated he wanted to discuss the options with his parents.

The Misskelleys, Wells and the defense attorneys in his case met for about two hours in the Craighead County Detention Center Tuesday evening.

Jessie Misskelley Sr., said he did meet with his son Tuesday evening, but the younger Misskelley did not say whether he had made a decision about what to do.

"I think it's a bad idea (for him to accept the plea)," Misskelley said. "But I'm not going to tell him what to do. He's a man now."

Jury selection in Echols' and Baldwin's joint trial began Tuesday.

Misskelley was convicted of the first-degree murder of Michael Moore and two second-degree murders for the deaths of Christopher Byers and Steven Branch, Feb. 4. He admitting observing the murders, and implicated Echols and Baldwin, in a taped statement he gave police, but he did not testify at the trial. That statement is inadmissible in this trial.

Defense attorneys said Tuesday Misskelley has been offered a 40-year sentence in exchange for his testimony, and other sources confirmed that report today.

Jessie Misskelley Sr. added that his son was depressed and scared because of all the confusion and the traveling, but believes he will be vindicated "somehow."

Wells, a defense attorney himself, said he has dealt with clients who have lower IQs. In one case, he conducted a defense for a man he said could not conform to expected conduct because of his mental ability.

Misskelley's attorneys have repeatedly said their defendant has a low IQ and buckled under the pressure police and prosecutors placed on him.

Testimony by a Jonesboro psychologist during Misskelley's trial showed he has borderline intellectual functioning.

Although Wells was needed specifically to discuss the options, he may be called by Burnett again if additional discussions are held, he said.

Scans:
home.comcast.net/~wm3file....94_01.jpg
home.comcast.net/~wm3file....94_02.jpg