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These are the user uploaded subtitles that are being translated: 1 00:00:35,661 --> 00:00:39,498 REPORTER: The investigators are now filing in and the reporters are getting ready 2 00:00:39,707 --> 00:00:42,209 to cover this news conference. 3 00:00:47,131 --> 00:00:50,217 Many parents in the community will be breathing a sigh of relief 4 00:00:50,426 --> 00:00:54,096 if this indeed is the break that police have been waiting for. 5 00:00:56,140 --> 00:00:59,560 Chief Inspector Gary Gitchell is about to begin, 6 00:00:59,769 --> 00:01:01,896 and he's also bringing in some photographs. 7 00:01:02,063 --> 00:01:04,940 Obviously these will probably be photographs of the suspects. 8 00:01:05,107 --> 00:01:09,904 Of course, suspects unofficially at this point, although many believe 9 00:01:10,071 --> 00:01:14,575 in this triple murder of the three 8-year-old boys. 10 00:01:14,784 --> 00:01:21,540 Arrested at 2:44 p.m., Thursday, June the 3rd, 1993. 11 00:01:22,333 --> 00:01:25,503 Jessie Lloyd Misskelley. 12 00:01:26,587 --> 00:01:30,341 Jessie Misskelley is 17 years of age. 13 00:01:30,549 --> 00:01:36,722 Charles Jason Baldwin. He is 16 years of age. 14 00:01:37,640 --> 00:01:42,686 Michael Wayne Echols. Mr. Echols is 18 years of age. 15 00:01:42,895 --> 00:01:46,524 He is charged with three counts of capital murder. 16 00:01:48,651 --> 00:01:50,971 REPORTER: Were you surprised when these guys were arrested? 17 00:01:51,070 --> 00:01:52,530 I was surprised about Jason 18 00:01:52,696 --> 00:01:54,949 because he's, like, the quiet one of them all. 19 00:01:55,157 --> 00:01:59,203 But I wasn't surprised about Jessie Misskelley and Damien Echols, 20 00:01:59,411 --> 00:02:02,081 because I just expected it out of them sooner or later. 21 00:02:02,248 --> 00:02:03,249 Killer! 22 00:02:22,935 --> 00:02:25,479 PAM: When the police were asking for clothing 23 00:02:25,688 --> 00:02:29,859 so they could give it to the dogs to pick up scent, 24 00:02:30,067 --> 00:02:34,488 the bandana here was the only thing that I had in my household 25 00:02:34,655 --> 00:02:39,869 that had Stevie's scent on it. I've never washed it. 26 00:02:40,077 --> 00:02:44,915 When I get the need to just want to feel him again, um, 27 00:02:45,124 --> 00:02:46,709 I'll grab it and I'll hug it, 28 00:02:46,876 --> 00:02:50,671 and I'm so thankful I feel an embrace back. 29 00:02:56,844 --> 00:03:00,347 I was walking the route to take Stevie to school, 30 00:03:00,556 --> 00:03:03,225 and I checked him out, I believe, at 2:30. 31 00:03:03,434 --> 00:03:07,730 Stevie told me a hundred times, probably a thousand, on the way home: 32 00:03:07,938 --> 00:03:12,151 "I love you, mama." "I love you too, son." And it was just constant. 33 00:03:13,402 --> 00:03:17,281 We got home, first thing I asked him, "Do you have any homework?" 34 00:03:17,489 --> 00:03:19,700 He said, "I did, but I did it in school." 35 00:03:19,867 --> 00:03:23,037 And he hung his homework on the refrigerator. 36 00:03:24,288 --> 00:03:26,040 And Michael Moore came up, 37 00:03:26,248 --> 00:03:30,085 and they started asking, could Stevie go to Michael's house? 38 00:03:30,294 --> 00:03:33,881 And I said, "No, I'm getting ready for work, I'm cooking supper." 39 00:03:34,048 --> 00:03:35,758 Both of them, you know, begging: 40 00:03:35,925 --> 00:03:38,928 "Please, please, please, we'll be back," and all that. 41 00:03:39,929 --> 00:03:44,141 I gave in and I said, "Okay." I said, "But, boy, you better be home by 4:30. 42 00:03:44,308 --> 00:03:48,354 If you're not, I'm gonna ground you for two weeks from that bike." 43 00:03:50,481 --> 00:03:54,401 I'm gonna say Christopher probably arrived at the house 44 00:03:54,610 --> 00:04:00,032 around 3:35 maybe, and he asked me if Stevie was there. 45 00:04:00,991 --> 00:04:05,996 I told him, I said, "I'm surprised you didn't run into him because him and Michael just left." 46 00:04:06,163 --> 00:04:10,125 He left and he was gonna go searching for Stevie and Michael. 47 00:04:10,501 --> 00:04:15,297 Uh, well, around 4:45, Stevie had... Still hadn't arrived. 48 00:04:17,216 --> 00:04:22,096 Terry came in. I told Terry, "Well, let's go ahead and leave." 49 00:04:22,263 --> 00:04:24,056 We went ahead, and he took me to work. 50 00:04:28,978 --> 00:04:31,814 My night at work was a normal night. 51 00:04:33,399 --> 00:04:36,527 Terry walked in, to the phone, didn't say hi, bye, nothing. 52 00:04:36,735 --> 00:04:38,112 He just walked to the phone, 53 00:04:38,279 --> 00:04:41,448 and I took two pieces of candy to the car and Amanda was there, 54 00:04:41,615 --> 00:04:46,870 and I asked her, "Where's Bubba?" And she said, "Mama, we can't find him." 55 00:04:47,079 --> 00:04:52,459 And I thought the worst, that he was dead. 56 00:05:01,051 --> 00:05:04,596 I got out of the car, went through this door, got out of my uniform, 57 00:05:04,805 --> 00:05:07,266 put sweats on and put a T-shirt on. 58 00:05:07,433 --> 00:05:11,186 Because all I was trying to focus on is where's Stevie, where's he at, 59 00:05:11,395 --> 00:05:14,440 and I gotta get out there, and I gotta start searching. 60 00:05:19,528 --> 00:05:22,781 BYERS: Last time we saw him was about 6:30 yesterday evening. 61 00:05:22,948 --> 00:05:24,658 What's...? Give me your name. 62 00:05:24,825 --> 00:05:26,160 My name is Mark Byers. 63 00:05:26,368 --> 00:05:28,787 Okay. Has your son...? Has this ever happened before? 64 00:05:28,954 --> 00:05:30,998 None of the boys have ever gone off anywhere. 65 00:05:31,165 --> 00:05:36,211 None of the three have ever been missing or taken off ever before. 66 00:05:36,378 --> 00:05:38,756 What's going through your mind as a parent? 67 00:05:38,964 --> 00:05:41,759 I'm scared to death. That's, you know, plain and simple. 68 00:05:41,925 --> 00:05:44,970 I'm scared for the safety and welfare of all three boys. 69 00:05:47,473 --> 00:05:51,101 JONES: That particular day, I'd called the West Memphis P.D. 70 00:05:51,310 --> 00:05:53,687 The dispatcher Lucy answered the phone. 71 00:05:53,854 --> 00:05:57,816 She said, "We've had three children missing since last night." 72 00:05:59,193 --> 00:06:03,197 I said, "Well, you know, I'm gonna go help too." 73 00:06:06,033 --> 00:06:07,368 I'm not seeing anything. 74 00:06:07,576 --> 00:06:10,371 Not seeing no kids running around on bicycles or nothing. 75 00:06:11,705 --> 00:06:13,916 And then I thought about Robin Hood Trails 76 00:06:14,124 --> 00:06:16,293 as I was driving down Goodwyn, and I said: 77 00:06:16,502 --> 00:06:21,048 "Well I'll... I'm gonna go over there, just get out and walk around." 78 00:06:21,632 --> 00:06:26,637 I was looking around, you know, just physically looking out and about. 79 00:06:26,845 --> 00:06:30,265 And then I looked into the small ditch. 80 00:06:30,474 --> 00:06:32,810 That's where I saw the tennis shoe at. 81 00:06:33,018 --> 00:06:34,978 I called West Memphis Police Department 82 00:06:35,187 --> 00:06:37,356 to have Mike Allen meet me out here. 83 00:06:37,564 --> 00:06:41,777 And so I showed him the area of the tennis shoe. 84 00:06:41,985 --> 00:06:46,907 And Mike had said he was going to take it out. 85 00:06:47,616 --> 00:06:49,368 Mike fell into the water. 86 00:06:50,327 --> 00:06:52,746 I was looking down on him like this. 87 00:06:52,913 --> 00:06:54,540 He looked up and I said, "What?" 88 00:06:54,748 --> 00:06:58,419 And he said, "it feels like my leg is caught on something." 89 00:06:58,585 --> 00:07:00,838 Like a log or something." 90 00:07:04,174 --> 00:07:07,261 And Mike fell backwards, and when he fell backwards, 91 00:07:07,469 --> 00:07:09,763 his leg came up... 92 00:07:12,474 --> 00:07:16,019 and one of the little bodies was on his leg. 93 00:07:33,370 --> 00:07:36,957 PAM: From the moment they told me Stevie was dead, 94 00:07:38,667 --> 00:07:42,296 I really lost it, lost all touch with reality. 95 00:07:56,351 --> 00:07:58,937 NEWSCASTER: Pam Hobbs' son, Steve, and two of his friends 96 00:07:59,146 --> 00:08:02,065 were found murdered Thursday before last. 97 00:08:05,235 --> 00:08:10,240 FOGLEMAN: It's more a part of my life than I would like it to be. 98 00:08:10,449 --> 00:08:12,534 Because frankly I'd like to be able 99 00:08:12,701 --> 00:08:18,415 to not have those three 8-year-old boys' pictures in my mind. 100 00:08:20,792 --> 00:08:22,920 What you found, you found three boys 101 00:08:23,128 --> 00:08:26,215 that had been hog-tied and thrown in the water. 102 00:08:27,799 --> 00:08:31,261 It appeared that they had been sexually mutilated. 103 00:08:33,347 --> 00:08:37,601 That appears to be cult-related. The West Memphis Police Department 104 00:08:37,768 --> 00:08:42,981 a lot of times would ask me about occult things as though I were the guru. 105 00:08:43,148 --> 00:08:47,236 I probably was because there wasn't anybody else that was doing it. 106 00:08:48,946 --> 00:08:51,698 This program is designed to help law enforcement officers 107 00:08:51,865 --> 00:08:54,576 better understand Satanic cults. 108 00:08:54,743 --> 00:08:59,331 I got some books and I spoke to police organizations around the country 109 00:08:59,498 --> 00:09:01,416 that had some experience with it. 110 00:09:01,625 --> 00:09:04,127 Okay, we have a rope here. If you look at it closely... 111 00:09:04,336 --> 00:09:06,588 I don't know if the camera can pick this up. 112 00:09:06,797 --> 00:09:09,216 But there's blood on this noose. 113 00:09:09,424 --> 00:09:15,097 The police department asked me to put together a list of people 114 00:09:15,305 --> 00:09:19,643 that we had on probation that might be involved in that type of activity. 115 00:09:19,851 --> 00:09:22,688 Well, the guy that I knew that was involved the most in it 116 00:09:22,896 --> 00:09:24,231 was Damien Echols. 117 00:09:25,774 --> 00:09:30,279 The two guys he ran with, Jessie and Jason... 118 00:09:31,488 --> 00:09:33,615 Jessie would fight. 119 00:09:33,824 --> 00:09:37,786 Jason was not very aggressive, in that respect, 120 00:09:38,662 --> 00:09:42,124 but I believe he would do anything that Damien asked him to do. 121 00:09:45,168 --> 00:09:48,547 REPORTER: Eight months have passed since the three boys were killed. 122 00:09:48,755 --> 00:09:52,634 Cameras are in place and miles of cable laid 123 00:09:52,843 --> 00:09:57,097 in preparation for this highly publicized murder trial. 124 00:10:00,017 --> 00:10:04,021 DRIVER: I guess they found that those three were the most likely to have done it. 125 00:10:04,229 --> 00:10:06,064 Move back. 126 00:10:06,273 --> 00:10:10,027 DRIVER: And then, of course, they had the confession from Jessie. 127 00:10:10,235 --> 00:10:13,238 REPORTER: The most compelling evidence yet was introduced in open court. 128 00:10:13,405 --> 00:10:15,866 Misskelley's taped confession made to police. 129 00:10:16,033 --> 00:10:20,287 JESSIE: I saw Damien hit this one... Hit this one boy real bad. 130 00:10:20,454 --> 00:10:23,165 Then he start screwing him and stuff. 131 00:10:23,373 --> 00:10:27,169 Jason turned around and hit Steve Branch 132 00:10:27,377 --> 00:10:29,046 and started doing the same thing. 133 00:10:29,254 --> 00:10:31,965 Michael Moore took off running, so I chased him 134 00:10:32,174 --> 00:10:35,927 and grabbed him and held him until they got there, and then I left. 135 00:10:36,136 --> 00:10:38,013 If he does not run through the woods 136 00:10:38,180 --> 00:10:42,476 and chase him down and bring him back, Michael Moore lives. 137 00:10:42,934 --> 00:10:46,271 FOGLEMAN: Did Damien invite you to some meeting? 138 00:10:46,480 --> 00:10:51,026 He did. A cult, Satanic meeting. FOGLEMAN: Okay. 139 00:10:51,234 --> 00:10:54,404 GITCHEL: Tell me some of the things y'all do, being in this cult. 140 00:10:54,613 --> 00:10:57,282 We go out, kill dogs and stuff. 141 00:10:57,491 --> 00:11:00,410 Some of my friends had said they saw a hog's head out here, 142 00:11:00,619 --> 00:11:03,622 and they saw the body in a plastic bag. 143 00:11:04,081 --> 00:11:06,583 REPORTER: The state is now trying to prove motive in this case, 144 00:11:06,750 --> 00:11:09,961 calling this a cult-related killing. Whether that will be enough 145 00:11:10,128 --> 00:11:13,632 to sway the women and men sitting on this jury remains to be seen. 146 00:11:15,425 --> 00:11:17,678 REPORTER 1: Damien, any comment about the charges? 147 00:11:17,886 --> 00:11:18,929 Did you do it? 148 00:11:19,137 --> 00:11:23,809 FRENCH: I got a letter in the mail telling me that I had summons to be on the jury. 149 00:11:23,975 --> 00:11:27,854 And I didn't want to be on there in the beginning. 150 00:11:28,021 --> 00:11:30,107 But I didn't know how to get out of it. 151 00:11:30,273 --> 00:11:34,152 Is it your opinion and do you want to tell this jury 152 00:11:34,361 --> 00:11:39,074 that these crimes were motivated by occult beliefs? 153 00:11:39,282 --> 00:11:41,118 Yes. 154 00:11:42,494 --> 00:11:45,038 Blood is the life force. 155 00:11:45,247 --> 00:11:50,127 They prefer to have a child that is young. 156 00:11:50,335 --> 00:11:55,382 There's evidence of genital mutilation, and the red is the shaft of the penis. 157 00:11:55,590 --> 00:11:58,385 CARSON: Jason told me how he dismembered the kid. 158 00:11:58,593 --> 00:12:01,346 He sucked the blood from the penis and the scrotum 159 00:12:01,555 --> 00:12:03,557 and put the balls in his mouth. 160 00:12:03,849 --> 00:12:08,603 You take this knife and drag it, and it rips and tears. 161 00:12:08,812 --> 00:12:12,190 The knife is being twisted and the victim is moving. 162 00:12:12,399 --> 00:12:15,610 Just like in the picture. 163 00:12:15,819 --> 00:12:21,283 DRIVER: Damien, he had a book that he wrote in. It was pretty dark. 164 00:12:21,491 --> 00:12:25,370 A lot of death, a lot of... He talked about dead children. 165 00:12:25,579 --> 00:12:29,624 FOGLEMAN: "Thirsty for blood and the terror of mortal men." 166 00:12:30,667 --> 00:12:33,545 Look favorably on my sacrifice." 167 00:12:34,463 --> 00:12:36,965 I think they went out in the woods. 168 00:12:37,132 --> 00:12:39,259 They may not have been meaning to kill them. 169 00:12:39,468 --> 00:12:42,637 And then it just got out of control. 170 00:12:42,846 --> 00:12:46,224 And Damien, I think he was the mastermind 171 00:12:46,433 --> 00:12:50,395 over Jason and Misskelley. 172 00:12:50,604 --> 00:12:54,483 I do believe that. I do. 173 00:12:54,691 --> 00:12:58,445 You begin to see inside Damien Echols. 174 00:12:59,070 --> 00:13:02,699 And you look inside there and there's not a soul in there. 175 00:13:04,451 --> 00:13:06,953 I know he's guilty, you know. 176 00:13:07,120 --> 00:13:09,456 I can't imagine the fear going through them boys 177 00:13:09,623 --> 00:13:12,375 watching one another get killed. Knowing they was next. 178 00:13:12,542 --> 00:13:14,127 I can't believe the heinous crime. 179 00:13:14,336 --> 00:13:17,214 "We, the jury, find Damien Echols guilty of capital murder" 180 00:13:17,380 --> 00:13:18,924 in the death of Stevie Branch. 181 00:13:19,132 --> 00:13:21,885 Guilty of capital murder in the death of Chris Byers. 182 00:13:22,052 --> 00:13:24,721 "Guilty of capital murder in the death of Michael Moore." 183 00:13:24,930 --> 00:13:29,976 A message has to be sent. You can't be involved in murder 184 00:13:30,185 --> 00:13:32,604 and expect to get away with it. 185 00:13:32,771 --> 00:13:36,316 REPORTER: Misskelley was sentenced to life in prison for the murder of Michael Moore. 186 00:13:36,525 --> 00:13:39,694 And 40 years for the murders of Steven Branch and Christopher Byers. 187 00:13:39,861 --> 00:13:42,697 "We have determined that Jason Baldwin shall be sentenced 188 00:13:42,864 --> 00:13:44,699 to life imprisonment without parole." 189 00:13:44,908 --> 00:13:47,828 If I'd been on the jury, I sure would have found them guilty. 190 00:13:47,994 --> 00:13:52,541 If there is ever an appropriate case for the death penalty in Arkansas, 191 00:13:52,707 --> 00:13:55,836 you've got it in your hands now. That they burn in hell. 192 00:13:56,002 --> 00:14:00,173 They wanna worship the devil, let them meet him. I hope they do soon. 193 00:14:00,340 --> 00:14:02,717 BURNETT: "We the jury have determined that Damien Echols" 194 00:14:02,884 --> 00:14:05,804 shall be sentenced to death by lethal injection." 195 00:14:06,721 --> 00:14:10,684 I was kind of, I guess, happy, if I could... 196 00:14:10,892 --> 00:14:15,689 Might say that word, that everybody else was as angry at them as I was. 197 00:14:15,897 --> 00:14:17,732 Now my boy can play 198 00:14:17,941 --> 00:14:21,027 and go on about his life in heaven the way it is, 199 00:14:21,236 --> 00:14:23,196 and I'll go on with mine the best I can. 200 00:14:24,698 --> 00:14:26,408 And I'm glad it's over. 201 00:14:26,616 --> 00:14:30,245 It's like the community felt like they were relieved 202 00:14:30,453 --> 00:14:32,330 that somebody was behind bars 203 00:14:32,539 --> 00:14:38,670 and that they didn't have to be quite as scared as they were. They were guilty. 204 00:14:46,928 --> 00:14:50,515 OPERATO: This call originates from an Arkansas correctional facility. 205 00:14:50,682 --> 00:14:53,143 I have a prepaid call from: 206 00:14:53,310 --> 00:14:56,146 DAMIEN: Damien. OPERATOR: An inmate at Varner Unit. 207 00:14:56,354 --> 00:14:58,023 If you wish to accept... Thank you. 208 00:14:58,857 --> 00:15:02,319 LORRI: Damien and I probably have 5000 letters 209 00:15:02,485 --> 00:15:06,865 that we've written to each other over the past 15... Fourteen, 15 years. 210 00:15:07,782 --> 00:15:10,076 You know, it's the way we got to know each other. 211 00:15:10,285 --> 00:15:13,204 I saw the film Paradise Lost, which is a documentary 212 00:15:13,413 --> 00:15:15,874 that was made about the original trial. 213 00:15:16,082 --> 00:15:18,084 I was living in New York City at the time 214 00:15:18,251 --> 00:15:21,254 and I saw it at probably the second time it was screened. 215 00:15:21,463 --> 00:15:24,299 We were just watching TV the night we were arrested. 216 00:15:24,466 --> 00:15:26,509 We were in the bedroom, turned the light off. 217 00:15:26,676 --> 00:15:31,848 LORRI: To hear Damien talk in that film, he reminds me so much of myself. 218 00:15:32,015 --> 00:15:35,894 DAMIEN: Did she tell you whenever she awarded herself the first-place prize 219 00:15:36,102 --> 00:15:37,687 and rode in a parade? 220 00:15:37,896 --> 00:15:41,441 She had this sign on the side of a car that's saying "first place" 221 00:15:41,650 --> 00:15:45,570 and it's got a blue ribbon on it. And it was not even a contest! 222 00:15:46,905 --> 00:15:49,824 She just gave herself "first place." 223 00:15:51,576 --> 00:15:55,080 LORRI: After a series of letters, writing, corresponding with him, 224 00:15:55,246 --> 00:15:57,123 and then I cared deeply about him. 225 00:15:57,332 --> 00:16:00,502 And the next thing I know, I'm in Arkansas. 226 00:16:00,710 --> 00:16:06,049 DAMIEN: When I was a real little kid, I had, uhh, a pet turtle for a while. A box turtle. 227 00:16:06,257 --> 00:16:10,053 Did you do any painting on its shell? I most certainly did not. 228 00:16:10,261 --> 00:16:11,846 We did. 229 00:16:12,055 --> 00:16:15,725 Seeing the film, you realize something has gone wrong. 230 00:16:15,934 --> 00:16:19,187 You don't get the full picture because there's so much to the story, 231 00:16:19,396 --> 00:16:21,815 as we've learned, as it's unfolded over the years. 232 00:16:22,023 --> 00:16:26,945 I was struck by the fact that these people didn't commit these crimes. 233 00:16:27,153 --> 00:16:30,073 They don't have the right people in prison. 234 00:16:34,494 --> 00:16:36,830 REPORTER: Questions about whether justice was served 235 00:16:37,038 --> 00:16:39,207 have loomed in this case since the verdicts. 236 00:16:39,416 --> 00:16:45,630 The HBO documentary Paradise Lost gave the case worldwide attention. 237 00:16:45,839 --> 00:16:50,844 I am so glad to see so many people here, people who are interested in this case. 238 00:16:51,052 --> 00:16:57,642 When I started to write Devil's Knot, my friends said, "Mara, they did it." 239 00:16:57,809 --> 00:17:02,355 And I said, "Well, that may be, and if that's true I'm gonna find out." 240 00:17:03,356 --> 00:17:08,778 This was probably the first crowd-sourced criminal investigation 241 00:17:08,945 --> 00:17:12,449 in history, is about the only way to describe it. 242 00:17:12,657 --> 00:17:15,452 The case was supposedly solved. If it was an open case, 243 00:17:15,660 --> 00:17:20,415 the West Memphis Police wouldn't be required to make available documents. 244 00:17:20,623 --> 00:17:25,086 The West Memphis Police put together an incredibly large investigation. 245 00:17:25,253 --> 00:17:28,757 Even if a lot of it was nonsense and rumors. 246 00:17:28,923 --> 00:17:31,968 So we could take on the case, we could begin to ask the questions. 247 00:17:32,135 --> 00:17:34,679 We can look at Jessie's confession and we could say: 248 00:17:34,888 --> 00:17:36,723 "Wait a second, what did he really say 249 00:17:36,890 --> 00:17:39,517 compared to what he was claimed to have said?" 250 00:17:39,684 --> 00:17:43,730 LEVERITT: Right from the start, after Jessie Misskelley made his statement to police, 251 00:17:43,897 --> 00:17:46,066 it was recorded, transcribed. 252 00:17:46,232 --> 00:17:50,195 And then it was immediately leaked to The Commercial Appeal. 253 00:17:52,030 --> 00:17:55,784 STIDHAM: I read the confession on the front page of the Memphis Commercial Appeal 254 00:17:55,992 --> 00:18:02,373 just like everybody else did. And it seemed like it happened. 255 00:18:02,582 --> 00:18:04,709 When we were appointed by the court in 1993, 256 00:18:04,876 --> 00:18:07,170 we thought it wasn't gonna be a jury trial. 257 00:18:07,337 --> 00:18:10,006 We thought it was gonna be a plea. 258 00:18:10,173 --> 00:18:13,093 As I got deeper into the case and looked at things, 259 00:18:13,259 --> 00:18:15,095 they just didn't start making sense. 260 00:18:15,303 --> 00:18:20,350 Misskelley's versions of what happened changed wildly, 261 00:18:20,517 --> 00:18:23,728 and he couldn't get the story right every time or any time. 262 00:18:25,980 --> 00:18:29,192 JESSIE SR.: Everybody round here knew that Jessie didn't do it. 263 00:18:29,359 --> 00:18:32,403 He didn't like Damien, he was scared of him. 264 00:18:32,570 --> 00:18:36,116 He, uh, stayed away from him as much as possible. 265 00:18:37,117 --> 00:18:43,248 Well, he wasn't too good in school. Had to take him out of school 266 00:18:43,414 --> 00:18:45,333 and I got him started doing mechanic work. 267 00:18:45,500 --> 00:18:48,419 He caught on pretty good. 268 00:18:48,628 --> 00:18:54,008 JESSIE: When I was growing up, my dad always taught me, you know... Tell the truth. 269 00:18:54,175 --> 00:18:57,679 Tell the police the truth. I thought the police was there to help you. 270 00:18:58,221 --> 00:19:00,974 That's when they, uhh, started questioning me. 271 00:19:01,182 --> 00:19:03,810 Gary Gitchell and Bryn Ridge was, 272 00:19:03,977 --> 00:19:06,479 you know, asking me some questions. You know, about the kids. 273 00:19:06,646 --> 00:19:08,773 And I tell them, "I didn't know nothing about it." 274 00:19:08,982 --> 00:19:14,404 The only thing I knew was what, you know... What I was told from another guy. 275 00:19:14,612 --> 00:19:19,450 I kept telling them the whole time, "I wanna go home. I wanna go home." 276 00:19:19,659 --> 00:19:23,037 HILL: Certainly one of the reasons behind why he confessed is 277 00:19:23,246 --> 00:19:25,206 that he's borderline mentally retarded. 278 00:19:25,415 --> 00:19:29,169 He was trying to compose a story as though he was there. 279 00:19:29,377 --> 00:19:31,713 He just didn't have the details. 280 00:19:31,880 --> 00:19:34,424 JESSIE : Right after, uh, they beat up all three of them. 281 00:19:34,591 --> 00:19:37,677 RIDGE: Beat them up real bad? And then they took their clothes off? 282 00:19:37,844 --> 00:19:40,284 JESSE". Mm..hmm. And then they... FUDGE". Then they tied them? 283 00:19:40,430 --> 00:19:43,183 JESSE'. Then they tied them up. Tied their hands up. 284 00:19:43,391 --> 00:19:47,979 RIDGE: And about what time was it that all this was taking place? 285 00:19:48,188 --> 00:19:50,064 I was there about 12. 286 00:19:50,273 --> 00:19:52,066 About noon? 287 00:19:53,109 --> 00:19:57,739 "Okay. Was it after school had let out? JESSE". I didn't go to school. 288 00:19:57,906 --> 00:19:59,782 It couldn't have happened at noon. 289 00:19:59,949 --> 00:20:02,869 It couldn't have happened before the kids were out of school. 290 00:20:03,077 --> 00:20:08,791 So they kept leading him down the path from noon to 4:30, 5:30, 6:30. 291 00:20:09,000 --> 00:20:10,043 Was it getting dark? 292 00:20:10,251 --> 00:20:14,214 RIDGE: Your time period might not be exactly right, what you're saying. 293 00:20:14,422 --> 00:20:17,175 STIDHAM: Police officers don't like the word "interrogation." 294 00:20:17,383 --> 00:20:19,052 They like the word "interview." 295 00:20:19,260 --> 00:20:22,472 So Mr. Misskelley wasn't interviewed, he was interrogated. 296 00:20:22,680 --> 00:20:27,352 And he was interrogated from 9:00 in the morning until after dark. 297 00:20:27,560 --> 00:20:30,313 This is an entire day that he was being interrogated, 298 00:20:30,480 --> 00:20:32,815 yet we only had a few minutes of the audio tape. 299 00:20:32,982 --> 00:20:36,694 Jessie, about what time was it 300 00:20:36,861 --> 00:20:40,448 when the boys came up to the woods? 301 00:20:40,657 --> 00:20:46,579 JESSE'. I'd say it was about... It was about 5 or so. Five or 6. 302 00:20:46,746 --> 00:20:48,206 Ummmm. 303 00:20:49,499 --> 00:20:54,087 All right, you told me earlier it was around 7 or 8 or... Which time is it? 304 00:20:54,254 --> 00:20:55,797 JESSIE: It's 7 or 8. GITCHELL: Okay. 305 00:20:55,964 --> 00:20:57,799 I remember it was starting to get dark. 306 00:20:57,966 --> 00:21:00,593 "GYYCHELL". Okay, well, that clears it up. 307 00:21:00,802 --> 00:21:04,597 DRIZIN: We all have our breaking points. I think it's important that people realize 308 00:21:04,764 --> 00:21:08,726 that this is not just about a person 309 00:21:08,893 --> 00:21:12,230 with disabilities falsely confessing to a crime. 310 00:21:12,397 --> 00:21:15,525 This is about police misconduct. That's what this is about. 311 00:21:15,692 --> 00:21:18,653 Once police convince the person to make a statement 312 00:21:18,820 --> 00:21:22,156 against their interest, how does that person know what to say? 313 00:21:22,657 --> 00:21:27,245 GITCHELL: Did anyone use a stick, and hit the boys with? 314 00:21:27,453 --> 00:21:32,792 JESSIE: Damien had a kind of a big old stick when he hit that first one. 315 00:21:33,001 --> 00:21:35,670 It's because of this phenomenon known as contamination, 316 00:21:35,878 --> 00:21:39,507 the police will suggest facts about how the crime happened. 317 00:21:39,674 --> 00:21:43,136 RIDGE: What was to keep these little boys from running off? 318 00:21:43,344 --> 00:21:47,640 Were their hands tied in a fashion to where they couldn't have run? You tell me. 319 00:21:47,807 --> 00:21:49,968 NIRIDER: They're sitting there listening to the police. 320 00:21:50,101 --> 00:21:52,937 Listening to their interrogators ask those leading questions. 321 00:21:53,146 --> 00:21:57,233 "Weren't these boys sexually assaulted?" Then they know what story to tell back. 322 00:21:57,442 --> 00:22:01,904 RIDGE: Another boy was cut, I understand. Where was he cut at? 323 00:22:02,113 --> 00:22:04,407 "JESSE". At the bottom? FUDGE'. On his bottom? 324 00:22:04,615 --> 00:22:07,118 GYYCHELL". Do you mean right here? In his groin area? 325 00:22:07,327 --> 00:22:08,807 FUDGE". Do you know what his penis is? 326 00:22:08,911 --> 00:22:10,580 Yeah, that's where he was cut at. 327 00:22:10,747 --> 00:22:14,000 Did it ever occur to you that what he was telling you was false? 328 00:22:14,167 --> 00:22:19,088 His entire story was false? Jessie simply got confused. That's all. 329 00:22:19,255 --> 00:22:22,967 DRIZIN: I mean, Jessie was not convicted on the basis of his confession. 330 00:22:23,176 --> 00:22:24,719 And neither was Damien and Jason. 331 00:22:24,927 --> 00:22:29,307 They were convicted on the basis of Gary Gitchell's confession. 332 00:22:29,515 --> 00:22:32,352 That was his story. 333 00:22:32,560 --> 00:22:35,438 All they had to do was get Jessie to agree to it. 334 00:22:35,646 --> 00:22:40,109 STIDHAM: It's not particularly difficult to get a confession from someone 335 00:22:40,318 --> 00:22:41,819 who's mentally handicapped. 336 00:22:42,028 --> 00:22:45,948 It's like interviewing a 3- or 4-, 5-year-old child. 337 00:22:46,699 --> 00:22:50,953 BURNETT: People don't tend to confess to crimes that they didn't commit. 338 00:22:51,162 --> 00:22:54,916 You know, I'm sure there may be circumstances 339 00:22:55,083 --> 00:22:57,502 where a person might have a low mentality. 340 00:22:57,710 --> 00:23:00,922 He's slow-minded, is what it is, you know what I mean? 341 00:23:01,130 --> 00:23:05,343 It took a while for him to, you know, get things straight in his mind. 342 00:23:05,551 --> 00:23:08,679 Kind of slow-minded, you know. 343 00:23:08,888 --> 00:23:11,891 Well, hell, everybody's a little bit slow-minded anyway. 344 00:23:12,100 --> 00:23:15,520 I just have better faith in our law enforcement 345 00:23:15,728 --> 00:23:19,690 than to force somebody to make a statement that's untrue. 346 00:23:20,525 --> 00:23:24,445 HILL: I think that it was essentially poisoned from the very beginning. 347 00:23:24,654 --> 00:23:27,323 The most basic things about the investigations, 348 00:23:27,532 --> 00:23:29,117 talking to the family members. 349 00:23:29,325 --> 00:23:32,662 Getting statements from police that evening. 350 00:23:32,870 --> 00:23:36,707 You know, whether they had these alibis or not, but it wasn't done. 351 00:23:36,916 --> 00:23:39,627 And it's why the case went bad. 352 00:23:39,836 --> 00:23:42,964 GAIL: Y'all need to be investigating some of these people 353 00:23:43,131 --> 00:23:45,508 who've been arrested for child molestation. 354 00:23:45,675 --> 00:23:46,968 "FUDGE". Well, it's like this. 355 00:23:47,176 --> 00:23:50,555 We've got a story that is very, very believable. 356 00:23:50,763 --> 00:23:54,976 It is so close to perfect that we have to believe it. 357 00:23:55,184 --> 00:23:57,395 GA“; I don't see how anyone could believe it. 358 00:23:57,603 --> 00:24:00,940 Jessie Misskelley said it happened that morning and everything. 359 00:24:01,149 --> 00:24:02,400 Jason was in school. 360 00:24:02,608 --> 00:24:04,485 And then Jason mowed his uncle's yard. 361 00:24:04,694 --> 00:24:07,738 He got some money, went to play video games. 362 00:24:07,905 --> 00:24:11,242 I called Jason's house, and Jason and Damien 363 00:24:11,409 --> 00:24:13,828 and Jason's brother were playing video games. 364 00:24:13,995 --> 00:24:16,747 They weren't talking much. I got a little irritated at them. 365 00:24:16,956 --> 00:24:19,000 Damien asked me to call him later that night. 366 00:24:19,167 --> 00:24:21,502 There was never a night that we never spoke. 367 00:24:21,669 --> 00:24:23,713 I remember that we had talked that night. 368 00:24:23,921 --> 00:24:27,425 When I spoke to police and they came one afternoon and they spoke to me, 369 00:24:27,633 --> 00:24:29,677 and I talked to them once and that was it. 370 00:24:29,886 --> 00:24:33,514 "On 9-10-1993, I met Jennifer Bearden at her residence in Bartlett, Tennessee." 371 00:24:33,681 --> 00:24:36,434 The interview was a result of having obtained information 372 00:24:36,601 --> 00:24:39,896 that she'd been on the phone with Damien on the day of the homicide. 373 00:24:40,062 --> 00:24:44,775 She informed me of several times when she'd been on the phone with Damien and Jason after school. 374 00:24:44,942 --> 00:24:49,280 "And until about 9:30 p.m. on the evening of 5-5-'93." 375 00:24:49,489 --> 00:24:52,366 I was never given a chance to at least give them, you know, 376 00:24:52,575 --> 00:24:54,619 an alibi to the jury, I mean. 377 00:24:54,827 --> 00:24:57,705 And honestly, I don't think it would have changed their minds. 378 00:24:57,914 --> 00:25:01,292 I think they were pretty dead-set on what they were gonna decide. 379 00:25:01,459 --> 00:25:02,835 The evidence will show 380 00:25:03,002 --> 00:25:05,922 that not only was Mr. Misskelley not in Robin Hood Hills 381 00:25:06,088 --> 00:25:11,052 at the time of these homicides, he was in a different county almost 40 miles away 382 00:25:11,260 --> 00:25:13,429 the time these crimes occurred. 383 00:25:13,638 --> 00:25:16,349 There were a lot of alibi witnesses. 384 00:25:16,557 --> 00:25:18,935 When was the first time you remember seeing Jessie? 385 00:25:19,143 --> 00:25:20,811 At, uh, 2:00. 386 00:25:20,978 --> 00:25:26,067 Jessie came to the house. I asked if he could watch the kids while I went to a conference. 387 00:25:26,234 --> 00:25:28,236 She got back about 4:00 and we went walking. 388 00:25:28,402 --> 00:25:31,155 BOY: I seen him walking down the street. I met him on the corner. 389 00:25:31,364 --> 00:25:34,617 Talking about him fixing to leave to go to wrestling. 390 00:25:34,825 --> 00:25:38,287 STIDHAM: A lot of these folks, when we went back and visited with them, 391 00:25:38,496 --> 00:25:41,415 they came to the conclusion, "Oh, yeah, that's the night 392 00:25:41,582 --> 00:25:43,417 that we went wrestling with Jessie." 393 00:25:43,584 --> 00:25:46,712 Do you remember if you went wrestling? Yes, sir, I did. 394 00:25:46,921 --> 00:25:50,132 Okay, do you remember who went? Jessie, Freddy. 395 00:25:50,341 --> 00:25:52,885 Me and Jessie and Freddy 396 00:25:53,052 --> 00:25:55,680 and James was at wrestling that night, you know. 397 00:25:55,888 --> 00:25:57,723 And that's the night that he got hurt. 398 00:25:57,890 --> 00:26:00,768 And that's the night that so-and-so only went with us. 399 00:26:00,977 --> 00:26:02,436 Once. One time. 400 00:26:02,603 --> 00:26:06,399 That was the same night that we signed this register at the wrestling hall. 401 00:26:06,566 --> 00:26:09,193 Do you remember seeing Misskelley? Yes, sir. 402 00:26:09,360 --> 00:26:10,653 Yes, sir. Yes, sir. 403 00:26:10,820 --> 00:26:12,780 You remember Jessie Misskelley? Yes, sir. 404 00:26:12,947 --> 00:26:14,865 Are you positive about that? Yes, sir. 405 00:26:15,074 --> 00:26:18,452 Looking through the juror's notes, they hardly seemed to pay attention 406 00:26:18,619 --> 00:26:20,454 during the alibi portion of it. 407 00:26:24,792 --> 00:26:30,298 PAM: You could say I sort of, like, died myself because I shut out humanity, 408 00:26:30,506 --> 00:26:34,302 and I didn't like people, I was a hateful person, 409 00:26:34,510 --> 00:26:37,722 and before this happened I wasn't that type of person. 410 00:26:37,888 --> 00:26:42,893 Words can't explain what the grief, and what you go through... 411 00:26:43,811 --> 00:26:48,107 We have found this to be a world of its own. 412 00:26:48,316 --> 00:26:51,944 PAM: We had quite a few arguments and stuff because I couldn't let go. 413 00:26:52,153 --> 00:26:54,864 He told me I had to let it go, I had to keep living, 414 00:26:55,072 --> 00:26:59,327 and I told him I was still in that ditch just as much as my son was, 415 00:26:59,535 --> 00:27:04,624 and I was clawing my way out of it the best way that I knew how. 416 00:27:04,832 --> 00:27:11,297 I left Terry in 2002 and we were divorced in 2004. 417 00:27:12,173 --> 00:27:16,844 I do think that you can meet someone and know that there's something there. 418 00:27:17,011 --> 00:27:18,846 That there's some journey there for you. 419 00:27:19,055 --> 00:27:21,682 But I think it takes a long, it does take a long time, 420 00:27:21,849 --> 00:27:24,310 and I think it's a painful process, actually. 421 00:27:24,769 --> 00:27:30,316 I was talking about it and how really and truly stressed out you were that day. 422 00:27:30,524 --> 00:27:34,487 It was the first time you'd been touched by anybody, like, in seven years. 423 00:27:34,695 --> 00:27:37,698 And I'll never forget you were, like, so completely pale. 424 00:27:37,865 --> 00:27:39,992 And you were shaking, and I kind of thought 425 00:27:40,159 --> 00:27:42,995 you were gonna pass out at one point. 426 00:27:44,830 --> 00:27:48,668 It was a Buddhist ceremony, and we kind of wrote it ourselves and... 427 00:27:48,876 --> 00:27:52,196 DAMIEN: They had a little... We had a little temple set up or a little altar set up, 428 00:27:52,380 --> 00:27:54,298 We did. Incense burning on it. 429 00:27:54,465 --> 00:27:57,134 You know, they had two guards up there watching the whole thing. 430 00:27:57,343 --> 00:28:00,513 And you could tell they had no idea, you know, what the hell was going on. 431 00:28:00,721 --> 00:28:03,224 So they just pretty much stayed out of the way. 432 00:28:03,432 --> 00:28:07,687 We'd intersperse lots of, you know, bowing, then kissing and hugging. 433 00:28:07,895 --> 00:28:11,190 I think you're supposed to only kiss once or something in the ceremony. 434 00:28:11,357 --> 00:28:15,361 We just... We made it seem like it was a part of the ceremony. 435 00:28:15,569 --> 00:28:17,530 So that was nice, that was really nice. 436 00:28:17,738 --> 00:28:22,451 But, you know, back then it was nothing like it is now, you know, 437 00:28:22,660 --> 00:28:24,662 with the people who knew about the case. 438 00:28:24,870 --> 00:28:28,624 So it was kind of nice because it was real low-key. 439 00:28:35,047 --> 00:28:40,177 RIORDAN: I had talked to Lorri. She had come out to talk about the case. 440 00:28:40,344 --> 00:28:44,640 My attitude at the time was, you know, we cannot do this. 441 00:28:44,849 --> 00:28:49,979 They were adamant that this should be and was a case about innocence. 442 00:28:50,187 --> 00:28:55,234 "We don't want you to focus on death versus life without parole. 443 00:28:55,443 --> 00:28:57,069 This is a case about innocence." 444 00:28:57,278 --> 00:28:59,905 My reaction was, if it is a case about innocence, 445 00:29:00,114 --> 00:29:03,033 what they said is that there's all of this investigation 446 00:29:03,200 --> 00:29:05,453 that has to be done on the ground in Arkansas. 447 00:29:05,661 --> 00:29:09,749 And we're, you know, a two-lawyer partnership in San Francisco. 448 00:29:09,957 --> 00:29:14,086 How are we possibly gonna get the resources to get on the ground 449 00:29:14,295 --> 00:29:17,131 and really investigate a case in Arkansas? 450 00:29:17,757 --> 00:29:22,720 Lorri Davis said, "I'll find a way to do it." 451 00:29:22,928 --> 00:29:28,559 I've quit my job, my other job, so I that can work full-time on the case. 452 00:29:28,768 --> 00:29:32,146 Attorneys for Damien Echols are appealing their client's conviction 453 00:29:32,354 --> 00:29:35,191 on Arkansas Rule 37, ineffective counsel. 454 00:29:35,399 --> 00:29:37,026 Prosecutors disagree. 455 00:29:37,234 --> 00:29:41,030 It was effective, it was thorough. 456 00:29:41,197 --> 00:29:43,032 It was a 17-day trial. 457 00:29:43,240 --> 00:29:47,411 REPORTER: Outside the court, supporters unveiled a banner of more than 2500 postcards, 458 00:29:47,578 --> 00:29:50,539 each pleading to free the West Memphis Three. 459 00:29:51,165 --> 00:29:53,793 VEDDER: It was always about free the West Memphis Three. 460 00:29:54,001 --> 00:29:57,880 We were raising funds and it wasn't even to raise money for their defense. 461 00:29:58,047 --> 00:30:00,841 It was to raise money so they had money when they got out. 462 00:30:01,008 --> 00:30:03,552 Because the day was coming soon. 463 00:30:04,178 --> 00:30:06,722 ROLLINS: I decided it should be Black Flag songs. 464 00:30:06,889 --> 00:30:10,851 I called Iggy Pop, he said sure. I called Lemmy, he said, "I'm in." 465 00:30:11,018 --> 00:30:13,896 Called Chuck D from Public Enemy, he said, "You got it." 466 00:30:14,063 --> 00:30:17,650 All to help these three guys who I'd never met. 467 00:30:17,858 --> 00:30:20,861 I went to your benefit show in '03 for the West Memphis Three. 468 00:30:21,070 --> 00:30:23,322 It was like the best concert I've ever been to. 469 00:30:23,531 --> 00:30:25,866 See? I can't believe that this is still going on. 470 00:30:26,033 --> 00:30:30,412 Yeah, well. I saw a little bit of myself. Damien liked to hang out alone 471 00:30:30,579 --> 00:30:33,290 and wrote in his journals that he was depressed. Hello. 472 00:30:33,499 --> 00:30:37,127 He liked to listen to weird music. Check. 473 00:30:37,336 --> 00:30:40,172 He was a wise-ass in the face of law enforcement. 474 00:30:40,381 --> 00:30:44,301 I mean, are you kidding? It could have been me. 475 00:30:44,969 --> 00:30:46,011 Could have been me. 476 00:30:46,178 --> 00:30:48,097 Not everyone agreed with Rollins' message. 477 00:30:48,264 --> 00:30:53,227 The parents of the murdered children showed displeasure with picket signs. 478 00:30:53,435 --> 00:30:55,896 My baby was murdered and butchered like an animal 479 00:30:56,063 --> 00:30:57,565 and his two friends were too. 480 00:30:57,731 --> 00:31:00,860 Whatever punishment they get, they deserve. 481 00:31:01,026 --> 00:31:05,781 REPORTER: Michael's mother, Diana Moore, agrees, telling us, "Make no mistake about it." 482 00:31:05,948 --> 00:31:09,660 These three you see convicted and sentenced did it." 483 00:31:09,869 --> 00:31:13,038 ROLLINS: I started getting very passionate, very sincere hate mail. 484 00:31:13,205 --> 00:31:15,875 Because if you are seen to be sticking up for someone 485 00:31:16,083 --> 00:31:19,712 who someone else truly believes has murdered a child, 486 00:31:19,920 --> 00:31:23,132 there's no way you can reason with that person. 487 00:31:23,340 --> 00:31:25,968 VEDDER: I remember thinking that if we could get involved, 488 00:31:26,135 --> 00:31:28,721 we'd probably get them out in maybe one or two years. 489 00:31:28,888 --> 00:31:30,681 That's how naive I was. 490 00:31:30,890 --> 00:31:35,686 It's usually on average of like 15 to 20 years. 491 00:31:35,895 --> 00:31:38,731 If you would have told us that three or four years in, 492 00:31:38,939 --> 00:31:41,275 I think it would have been quite daunting. 493 00:31:42,818 --> 00:31:48,574 LORRI: This is the first e-mail that I received from Fran and Peter, and it's 7-25-'05. 494 00:31:48,782 --> 00:31:51,702 "What a horror story, unbelievable." 495 00:31:51,869 --> 00:31:55,289 Something positive has to come from this. 496 00:31:55,497 --> 00:31:57,750 What can we do down here in New Zealand? 497 00:31:57,958 --> 00:32:00,544 Our names are Peter Jackson and Fran Walsh. 498 00:32:00,753 --> 00:32:04,715 We would like to offer financial assistance to help facilitate, hopefully, 499 00:32:04,924 --> 00:32:08,510 "a positive outcome in Damien's appeal to the federal court." 500 00:32:08,719 --> 00:32:10,721 When Fran and I first got involved, 501 00:32:10,930 --> 00:32:13,766 it felt like the case was in a holding pattern. 502 00:32:13,933 --> 00:32:18,312 But it wasn't a holding pattern for Damien's chances of staying alive. 503 00:32:18,479 --> 00:32:20,814 That doesn't go into a holding pattern. 504 00:32:21,023 --> 00:32:23,609 LORRI: "Dear Fran and Peter, your e-mail was a welcome sight" 505 00:32:23,776 --> 00:32:27,488 on a very hot Monday morning here in Arkansas. 506 00:32:27,696 --> 00:32:29,114 My name is Lorri Davis 507 00:32:29,323 --> 00:32:32,493 and I have been involved in working on the case for nine years. 508 00:32:32,701 --> 00:32:35,245 There are many twists and turns to the story. 509 00:32:35,454 --> 00:32:37,331 It's still incredibly frustrating. 510 00:32:37,539 --> 00:32:40,459 "Appeal's taking forever and funds always needed." 511 00:32:41,961 --> 00:32:47,967 JACKSON: I have a pathological hatred of bullying and people in power 512 00:32:48,175 --> 00:32:52,471 crapping on people who have no ability to defend themselves. 513 00:32:52,680 --> 00:32:55,933 I believe in justice. I think there are good people and bad people. 514 00:32:56,100 --> 00:32:58,352 People do horrible things and should be punished. 515 00:32:58,560 --> 00:33:01,188 Justice should be fair, it should be honorable, 516 00:33:01,397 --> 00:33:05,275 it should be decent, it should speak to our values as human beings 517 00:33:05,484 --> 00:33:07,444 that right must prevail. 518 00:33:08,779 --> 00:33:12,199 And all that I could see in the case of the West Memphis Three is 519 00:33:12,408 --> 00:33:18,080 wrong was prevailing and that wrong was being perpetrated by people 520 00:33:18,288 --> 00:33:21,000 who, I believe, knew they were doing wrong. 521 00:33:22,960 --> 00:33:26,839 DAMIEN: Most people think that this case is something extraordinary. 522 00:33:27,006 --> 00:33:30,801 It's spectacular in some sort of way, and it's not. Burnett and Fogleman 523 00:33:30,968 --> 00:33:34,096 thought they could make a name for themselves off of this case. 524 00:33:34,304 --> 00:33:36,849 Because, really, you're dealing with three kids 525 00:33:37,057 --> 00:33:40,686 who were bottom of the barrel, poor white trash 526 00:33:40,894 --> 00:33:44,023 that nobody's ever gonna ask another question about. 527 00:33:46,400 --> 00:33:48,318 He thought they would say, "Guilty." 528 00:33:48,527 --> 00:33:51,030 This whole thing would be swept under the rug. 529 00:33:51,238 --> 00:33:52,573 The state would kill me. 530 00:33:52,781 --> 00:33:55,159 Jason and Jessie would spend their lives in prison. 531 00:33:55,325 --> 00:33:58,162 He'd move up the political ladder. That's all he cared about. 532 00:33:58,328 --> 00:34:04,209 This case is nothing out of the ordinary. This happens all the time. 533 00:34:07,171 --> 00:34:11,008 How did I decide which trial would go first? 534 00:34:12,217 --> 00:34:15,679 And the reason I'm hesitating, I'm trying to think if that's a question 535 00:34:15,888 --> 00:34:18,599 that I should be answering. 536 00:34:19,475 --> 00:34:22,227 In general, a case with a confession, 537 00:34:22,978 --> 00:34:25,814 uh, would be your easier case 538 00:34:25,981 --> 00:34:29,193 as opposed to one without direct evidence. 539 00:34:34,531 --> 00:34:36,784 Ten feet, ma'am. Back up. REPORTER 1: Okay. 540 00:34:36,950 --> 00:34:39,953 Are you gonna testify against your co-defendants? 541 00:34:40,120 --> 00:34:42,915 REPORTER 2: Jessie, were you forced to talk about this? 542 00:34:43,123 --> 00:34:44,750 The prosecutors had a problem. 543 00:34:44,958 --> 00:34:46,668 They could not play the tape 544 00:34:46,877 --> 00:34:49,254 of Misskelley's statement at the second trial. 545 00:34:49,421 --> 00:34:51,340 They needed Mr. Misskelley to testify. 546 00:34:51,507 --> 00:34:54,551 They thought they were gonna lose the other two. 547 00:34:54,718 --> 00:34:56,720 Are you worried about his testimony? 548 00:34:56,887 --> 00:35:01,016 STIDHAM: Judge Burnett appointed Phillip Wells to interview Mr. Misskelley 549 00:35:01,225 --> 00:35:04,436 to make sure he didn't really, really, really want to testify 550 00:35:04,645 --> 00:35:07,356 against Baldwin and Echols. 551 00:35:07,523 --> 00:35:10,400 Here's a young 18-year-old, under a lot of stress, 552 00:35:10,567 --> 00:35:15,364 facing life plus 40 years in penitentiary. He has to make sure whatever options 553 00:35:15,531 --> 00:35:19,660 and offers are available to him are looked into or communicated. 554 00:35:19,868 --> 00:35:23,580 NIRIDER: Promises of lesser sentences, you know, a much easier life in prison. 555 00:35:23,789 --> 00:35:28,043 DRIZIN: Many defendants would have jumped on that deal. Jessie said no. 556 00:35:28,210 --> 00:35:30,210 NIRIDER: They can't come up with physical evidence. 557 00:35:30,337 --> 00:35:33,090 They've got to turn to witnesses who they can convince 558 00:35:33,257 --> 00:35:36,718 to give statements in court. That's the only evidence they come up with. 559 00:35:36,927 --> 00:35:41,056 REPORTER: Just when it seemed attorneys for the state had their back against a wall, 560 00:35:41,265 --> 00:35:44,059 Craighead County Courthouse came to an eerie silence 561 00:35:44,268 --> 00:35:47,563 as 16-year-old Michael Carson, a formerjuvenile inmate, 562 00:35:47,771 --> 00:35:50,107 who spent time with Baldwin, took the stand. 563 00:35:50,315 --> 00:35:55,154 CARSON: I was doing serious adult drugs and, I mean, I was doing a lot of them. 564 00:35:55,320 --> 00:35:58,907 I got out there. I thought birds had cameras on them. 565 00:36:00,117 --> 00:36:05,455 Michael Carson, he was fixing to go to the penitentiary 566 00:36:05,664 --> 00:36:11,086 for several counts of residential burglary, 567 00:36:11,295 --> 00:36:15,591 and that is when the prosecutor got a hold of him. 568 00:36:15,799 --> 00:36:19,303 Were you offered anything as far as a reward 569 00:36:19,469 --> 00:36:21,221 or anything of that nature? 570 00:36:21,388 --> 00:36:22,931 No, sir, and if I was, I would deny it. 571 00:36:23,098 --> 00:36:27,269 Jason was not very outspoken. He wasn't, you know, jumping around and stuff. 572 00:36:27,477 --> 00:36:30,230 He's a very quiet, to-himself type of person. 573 00:36:30,439 --> 00:36:33,275 What did he tell you? He told me 574 00:36:33,483 --> 00:36:35,319 how he dismembered the kid, 575 00:36:35,527 --> 00:36:37,946 he sucked the blood from the penis and scrotum 576 00:36:38,155 --> 00:36:40,365 and put the balls in his mouth. 577 00:36:40,574 --> 00:36:43,327 I remember not knowing why I was doing what I was doing. 578 00:36:43,535 --> 00:36:45,913 I remember it actually going through my head. 579 00:36:46,121 --> 00:36:51,376 I would have this massive illusion in my head and swear to God it was real. 580 00:36:51,585 --> 00:36:55,464 CURTON: And the kids, that night I let them listen to the news, 581 00:36:55,672 --> 00:36:58,800 and they just went crazy. 582 00:36:59,009 --> 00:37:04,473 They said, "He's a lying son of a bitch. Jason didn't tell him nothing." 583 00:37:05,307 --> 00:37:08,143 CARSON: I could understand why he would never want to see me again 584 00:37:08,352 --> 00:37:13,232 or talk to me again, but I'm just telling him right now that I'm sorry. 585 00:37:13,440 --> 00:37:17,361 CURETON: I made the statement to Larry, the sheriff. 586 00:37:17,527 --> 00:37:20,364 I said, "Larry, those kids are not guilty." 587 00:37:20,572 --> 00:37:24,952 He said, "Joyce." He said, "it's this simple. 588 00:37:25,160 --> 00:37:29,915 Crittenden County fucked up, now we've got to clean up." 589 00:37:30,123 --> 00:37:31,166 I'm a drug addict. 590 00:37:31,375 --> 00:37:35,796 I was doing a lot of inhalants, LSD, I was huffing gas all the time. 591 00:37:36,004 --> 00:37:41,343 It's bad. It takes your whole perspective on life and makes it a dream. 592 00:37:42,761 --> 00:37:46,890 And they knew that. They knew the drugs that I was doing. 593 00:37:57,067 --> 00:38:00,028 LORRI: Did you walk in those woods in the winter? 594 00:38:00,237 --> 00:38:03,490 DAMIEN: Yeah, that was the best time because during summer 595 00:38:03,699 --> 00:38:06,118 it's really marshy. 596 00:38:06,326 --> 00:38:09,579 During the winter it was froze, the ground would be froze solid. 597 00:38:09,788 --> 00:38:13,583 So you didn't have to worry about all the mud and all that business. 598 00:38:13,792 --> 00:38:16,545 I love the thought of being out there. 599 00:38:16,753 --> 00:38:21,550 DAMIEN: The cool, dark part of the year, it's my absolute favorite time of year. 600 00:38:21,758 --> 00:38:23,677 Part of it was that whenever I was out, 601 00:38:23,844 --> 00:38:26,930 that was always the time of year whenever I felt the safest. 602 00:38:27,139 --> 00:38:30,851 Because most people, whenever it gets cold, you know, they're not out. 603 00:38:31,059 --> 00:38:35,856 So it's almost like at that time of year the entire world is almost yours. 604 00:38:36,064 --> 00:38:37,149 Nobody else wants it. 605 00:38:39,735 --> 00:38:43,238 Jason and I would talk about leaving that place, moving out of that place, 606 00:38:43,447 --> 00:38:48,243 but we were so young that it never was a definite plan, it was always just 607 00:38:48,452 --> 00:38:51,663 we've got to get the hell out of here. 608 00:38:51,872 --> 00:38:55,834 The thing that Jason always loved was art. You know, painting, 609 00:38:56,043 --> 00:38:57,377 drawing, things like that. 610 00:38:57,586 --> 00:39:00,422 He would do these paintings that were absolutely incredible 611 00:39:00,589 --> 00:39:02,424 when he had art class in school. 612 00:39:02,632 --> 00:39:04,468 The teacher would refuse to grade them. 613 00:39:04,634 --> 00:39:07,512 She would say, "That's not what I told you to paint. 614 00:39:07,721 --> 00:39:11,933 That's not what I told you to draw, I don't want to see one more skull." 615 00:39:12,142 --> 00:39:16,146 She would say, you know, "You were assigned to do a still-life of flowers." 616 00:39:16,313 --> 00:39:19,816 Jason was like, "Fuck that, I'm not doing that, it's not what I want to do." 617 00:39:21,651 --> 00:39:25,655 I've jokingly said to Lorri before that I think that, in a lot of ways, 618 00:39:25,822 --> 00:39:28,575 I may have brought this on myself, this entire situation. 619 00:39:28,742 --> 00:39:31,328 Because when I was a child I knew what my passion was, 620 00:39:31,536 --> 00:39:35,957 I knew what my drive was, I knew what my desire was. I loved magic. 621 00:39:36,166 --> 00:39:39,378 I would say to myself, you know, these names that people think of. 622 00:39:39,586 --> 00:39:42,422 I would say, "One day my name is gonna eclipse all of them." 623 00:39:42,631 --> 00:39:45,175 I'm gonna be the greatest magician there's ever been." 624 00:39:45,384 --> 00:39:49,262 And I had no idea that that meant I would have 20 years 625 00:39:49,471 --> 00:39:53,725 to sit alone in a prison cell and practice and study. 626 00:39:55,060 --> 00:39:57,813 But that's a word that you don't even use here, 627 00:39:58,021 --> 00:40:00,190 because when people hear the word "magic," 628 00:40:00,357 --> 00:40:02,776 anything even remotely connected to magic 629 00:40:02,984 --> 00:40:04,861 has to be evil in some kind of way. 630 00:40:07,114 --> 00:40:09,699 Uh, I noticed that Damien, 631 00:40:09,908 --> 00:40:15,455 he had on kind of a black duster-looking coat and carried a staff. 632 00:40:15,622 --> 00:40:18,750 And I... You know, that's kind of weird-looking. 633 00:40:18,959 --> 00:40:24,798 But that's one of the things that I testified to in the court hearing. 634 00:40:25,006 --> 00:40:26,258 Damien, Jason 635 00:40:26,466 --> 00:40:29,719 and Jessie had no motive whatsoever to kill these three boys. 636 00:40:29,928 --> 00:40:32,222 You know, boys that they didn't even know. 637 00:40:32,973 --> 00:40:37,310 And so, therefore, the state went to the only motiveless theory 638 00:40:37,477 --> 00:40:39,521 that they could possibly go to. 639 00:40:40,021 --> 00:40:42,357 We thought that the best thing to do would be to 640 00:40:42,566 --> 00:40:45,569 actually get some expert analysis on the crime itself. 641 00:40:45,777 --> 00:40:50,907 As far as we could see the best person to get would be John Douglas, 642 00:40:51,491 --> 00:40:57,372 who was there at the creation of the FBI Behavioral Science Unit. 643 00:40:59,166 --> 00:41:03,462 From the evidence and the crime scene, they start to put a picture together 644 00:41:03,670 --> 00:41:07,340 of who committed the crime and why they committed the crime. 645 00:41:07,549 --> 00:41:11,595 DOUGLAS: My role when I was brought into this case was primarily to analyze the case to see 646 00:41:12,387 --> 00:41:15,515 does it really fit the three people they have in prison? 647 00:41:15,724 --> 00:41:17,559 I didn't wanna know anything about them. 648 00:41:17,726 --> 00:41:20,770 I don't want to become prejudiced and be swayed in any way. 649 00:41:21,062 --> 00:41:26,026 If I do an analysis like this, you may not like what I have to say. I'm not a hired gun. 650 00:41:26,193 --> 00:41:28,778 When I work on a case like this, I work for the victims. 651 00:41:28,987 --> 00:41:31,907 No matter who brings me in, I'm working for the victims. 652 00:41:33,241 --> 00:41:36,912 This appeared to be what we call a lust murder. 653 00:41:37,120 --> 00:41:41,208 There's blunt-force trauma inflicted on these children. 654 00:41:41,416 --> 00:41:45,337 There was evidence of sexual mutilation to one of the victims. 655 00:41:45,545 --> 00:41:47,964 Three victims were hog-tied with their shoelaces 656 00:41:48,173 --> 00:41:51,593 from their wrists to their ankles. 657 00:41:51,801 --> 00:41:56,515 And on the surface, it appeared to be a sexually motivated crime. 658 00:41:57,432 --> 00:42:01,728 The focus of the investigation is always on the families. 659 00:42:02,187 --> 00:42:05,357 You start from there, and you work your way out. 660 00:42:08,276 --> 00:42:10,195 There were some police notes 661 00:42:10,403 --> 00:42:13,031 where they had looked into the possibility 662 00:42:13,198 --> 00:42:17,202 that a stepfather might be involved. 663 00:42:17,869 --> 00:42:20,705 BYERS: They take me back to the police station and said: 664 00:42:20,872 --> 00:42:25,544 "We have information that you are involved in this crime 665 00:42:25,710 --> 00:42:26,836 and that you did it." 666 00:42:27,045 --> 00:42:30,715 RIDGE : I may have information that you have something to do 667 00:42:30,882 --> 00:42:35,262 with the disappearance of the boys, and, ultimately, of the murder. 668 00:42:35,428 --> 00:42:39,599 "BYERS". It's almost more than I can believe, you know, what you just said to me. 669 00:42:39,808 --> 00:42:43,144 And it makes me so mad inside 670 00:42:43,353 --> 00:42:46,898 that I just kind of got to hold myself here in this chair. 671 00:42:47,107 --> 00:42:49,651 I had hair removed. 672 00:42:49,859 --> 00:42:55,115 I had to have over 30 pubic hairs pulled out, plus the roots. 673 00:42:55,448 --> 00:42:57,528 "FUDGE". We're gonna interview the other two fathers. 674 00:42:57,659 --> 00:42:59,911 We're gonna ask them the same questions. 675 00:43:00,120 --> 00:43:03,999 They said, "We're gonna do the other family members" 676 00:43:04,207 --> 00:43:06,293 just like we gonna do you." 677 00:43:07,919 --> 00:43:14,175 JACKSON: The assumption is that the crime was unusual, it was bizarre, it was grotesque. 678 00:43:14,884 --> 00:43:18,054 Even when Paradise Lost 2 comes out, 679 00:43:18,263 --> 00:43:20,682 and they are presenting an alternative scenario, 680 00:43:20,890 --> 00:43:27,147 they're going to an equally theatrical possible perpetrator in John Mark Byers. 681 00:43:28,648 --> 00:43:30,317 "Dearest Damien." 682 00:43:30,483 --> 00:43:32,611 There are many things we can do 683 00:43:32,777 --> 00:43:35,905 that can shed light on the truth of what happened to those boys. 684 00:43:36,114 --> 00:43:38,533 It is impossible to do something this heinous 685 00:43:38,742 --> 00:43:40,577 and not leave a personal imprint. 686 00:43:40,785 --> 00:43:43,622 We need to do extensive investigative work on Byers, 687 00:43:43,830 --> 00:43:46,791 "investigative work that the police failed to do." 688 00:43:47,959 --> 00:43:51,254 DOUGLAS: I went down to the Memphis area and conducted 689 00:43:51,463 --> 00:43:55,175 an interview with Mark Byers, or attempted to conduct an initial interview. 690 00:43:55,383 --> 00:43:59,929 I knocked on his door, he came out, his wife came out, 691 00:44:00,138 --> 00:44:02,641 and pretty much, he wanted to kick me off his porch. 692 00:44:02,849 --> 00:44:04,100 He didn't wanna talk to me. 693 00:44:04,309 --> 00:44:10,940 BYERS: It was daily grind, fighting on the Internet with people, being in a place 694 00:44:11,149 --> 00:44:15,987 and someone recognizing me and get up and go call their friends, 695 00:44:16,196 --> 00:44:21,368 then all of a sudden, I got a mob, and I got to sneak out the back door 696 00:44:21,576 --> 00:44:23,536 because I know a ass-kicking's coming. 697 00:44:23,745 --> 00:44:27,957 LORRI: "We need to find all of Mark Byers' living relatives. We need to find Ryan Clark." 698 00:44:28,166 --> 00:44:30,877 We need to figure out a strategy for getting him to talk. 699 00:44:31,086 --> 00:44:32,921 We need to know where and at what time 700 00:44:33,088 --> 00:44:35,340 they went looking for Christopher on May 5th. 701 00:44:35,507 --> 00:44:37,467 We need to locate all of Byers' vehicles 702 00:44:37,676 --> 00:44:40,512 that he owned at that time and Luminol-test them. 703 00:44:40,720 --> 00:44:42,597 We need to access Byers' ex-residence 704 00:44:42,806 --> 00:44:45,892 and Luminol-test every floor surface in the house. 705 00:44:46,685 --> 00:44:48,978 Lots of questions, and not many answers. 706 00:44:49,604 --> 00:44:52,232 But right now we're still stumbling around in the dark 707 00:44:52,399 --> 00:44:53,858 "looking for a light switch." 708 00:44:57,195 --> 00:44:59,072 Mark Byers, he had a tough life. 709 00:44:59,280 --> 00:45:02,826 He has a criminal history, got busted for some prescription drugs. 710 00:45:03,660 --> 00:45:08,581 But he is not the type of personality that would perpetrate a crime 711 00:45:08,790 --> 00:45:12,711 like the crimes I was looking at here in West Memphis. 712 00:45:12,919 --> 00:45:14,879 When we learned the case, 713 00:45:15,088 --> 00:45:18,007 the timeline just didn't add up to us. 714 00:45:18,216 --> 00:45:21,886 JACKSON: Beyond the theatrical nature of Mark Byers, 715 00:45:22,095 --> 00:45:25,265 he didn't have a motive, he didn't actually have the opportunity. 716 00:45:25,473 --> 00:45:27,434 It became clear to us that, 717 00:45:27,642 --> 00:45:29,728 you know, people were looking at Byers 718 00:45:29,936 --> 00:45:33,106 because they thought he was the sort of person who could do this. 719 00:45:33,314 --> 00:45:36,735 And our reaction to that was the reason Damien got convicted 720 00:45:36,901 --> 00:45:40,196 was that people thought he was the sort of person who could do this. 721 00:45:41,740 --> 00:45:43,074 When I was in the Bureau, 722 00:45:43,241 --> 00:45:46,119 we came up with a crime classification manual we designed. 723 00:45:46,286 --> 00:45:47,495 We considered Satanic 724 00:45:47,662 --> 00:45:50,832 because these cops were bringing back these cases to us. 725 00:45:51,040 --> 00:45:52,584 Satanic murders, Satanic murders. 726 00:45:52,792 --> 00:45:55,295 There were classes being offered all over the country. 727 00:45:55,503 --> 00:45:57,005 Oprah Winfrey had shows, 728 00:45:57,213 --> 00:46:00,049 Geraldo Rivera had shows, it was all over here. 729 00:46:00,258 --> 00:46:04,471 Another area that you might find Satanic ritual carving 730 00:46:04,637 --> 00:46:06,389 is in the stomach area. 731 00:46:06,598 --> 00:46:09,601 This is not a Satanic... This is not a ritual. It's a murder. 732 00:46:09,809 --> 00:46:11,895 It's a murder maybe by one crazy guy. 733 00:46:12,061 --> 00:46:14,230 If you're calling this Satanic, we could have 734 00:46:14,397 --> 00:46:16,775 just as many murders where a Bible is left there. 735 00:46:16,941 --> 00:46:20,361 Does that make it a Christian murder? It's a Bible? I mean, no, it's nuts. 736 00:46:20,570 --> 00:46:23,531 It's just one, you know, crazy person. 737 00:46:23,740 --> 00:46:25,492 Police say Satanists in our area 738 00:46:25,658 --> 00:46:29,329 often conduct their rituals in remote, wooded areas. 739 00:46:29,537 --> 00:46:34,042 FOGLEMAN: At some point did Damien invite you to some meeting? 740 00:46:34,209 --> 00:46:35,251 He did. 741 00:46:35,460 --> 00:46:37,879 STIDHAM: The West Memphis Police didn't seem interested 742 00:46:38,046 --> 00:46:41,257 in corroborating anything, they just took everything at face value. 743 00:46:41,883 --> 00:46:46,221 A cult, Satanic meeting. FOGLEMAN: Okay. 744 00:46:49,766 --> 00:46:52,977 I got a phone call from a lawyer in Fayetteville 745 00:46:53,144 --> 00:46:55,772 who had Vicki Hutcheson sitting at her desk. 746 00:46:55,980 --> 00:46:58,066 Would you raise your right hand? 747 00:46:58,233 --> 00:47:02,445 STIDHAM: Said, "She's ready to recant her trial testimony, how fast can you get here?" 748 00:47:03,863 --> 00:47:07,784 She obviously asked for immunity from the state, 749 00:47:07,951 --> 00:47:09,619 which they refused to grant. 750 00:47:09,828 --> 00:47:15,166 So here's the State of Arkansas at the Rule 37 hearings still stonewalling, 751 00:47:15,375 --> 00:47:18,545 still refusing to let the truth shine on this case. 752 00:47:18,753 --> 00:47:20,755 Damien and I stood back, 753 00:47:20,922 --> 00:47:23,550 and then these kids took their clothes off, 754 00:47:23,758 --> 00:47:27,929 and I looked at Damien, and I said, "I want to leave." 755 00:47:28,638 --> 00:47:33,643 I testified to it, but I lied on the stand. 756 00:47:33,852 --> 00:47:36,271 STIDHAM: It was frightening to listen to her tell the truth, 757 00:47:36,479 --> 00:47:38,898 the truth that I knew had existed all these years. 758 00:47:39,107 --> 00:47:42,110 The truth that she wouldn't come out and say 759 00:47:42,277 --> 00:47:44,904 because she was afraid of what would happen to her. 760 00:47:45,071 --> 00:47:47,031 WOMAN: You mentioned that you went and met. 761 00:47:47,198 --> 00:47:49,367 Jerry Driver at the Marion Police Department. 762 00:47:49,576 --> 00:47:51,077 I'm trying to remember. 763 00:47:51,286 --> 00:47:52,787 I do, I know who she is. 764 00:47:52,996 --> 00:47:56,040 It's just kind of back in my mind somewhere. 765 00:47:56,249 --> 00:47:58,084 What did they ask you to do? 766 00:47:58,293 --> 00:48:01,880 Do I think... They asked me, do I think I could get, um, Jessie 767 00:48:02,088 --> 00:48:03,548 to introduce me to Damien. 768 00:48:04,173 --> 00:48:10,722 DRIVER: All we asked her was to go in and see what she could find out. 769 00:48:11,472 --> 00:48:15,560 Now that was with police department's knowledge and consent. 770 00:48:15,768 --> 00:48:17,437 He's the one that suggested: 771 00:48:17,645 --> 00:48:21,274 "Well, if you're gonna have Damien over, you to need to have demon books 772 00:48:21,482 --> 00:48:24,652 on your coffee table." 773 00:48:24,861 --> 00:48:28,406 The only thing she was coached to do was to not get caught, 774 00:48:28,615 --> 00:48:33,745 because we were actually afraid that if she got caught, he'd kill her. 775 00:48:34,495 --> 00:48:37,498 HUTCHESON: Damien looks down at those demon book things. 776 00:48:37,707 --> 00:48:41,002 And I said, "Why are you so nervous?" And he said, "Well, you'd be nervous too 777 00:48:41,169 --> 00:48:43,421 if they thought you killed three little kids." 778 00:48:43,588 --> 00:48:45,715 And I said, "Why would they think you, of all people?" 779 00:48:45,882 --> 00:48:49,093 And he goes, "I'm... Because I'm weird, I guess, you know." And I was like... 780 00:48:49,260 --> 00:48:51,054 I Was like, "Well, did you kill them?" 781 00:48:51,220 --> 00:48:54,849 He said, "Well, no! I wouldn't do something like that," like I was stupid. 782 00:48:55,016 --> 00:48:58,394 And he was just like any other kid his age, you know. 783 00:48:58,603 --> 00:49:00,355 He was just a normal kid. 784 00:49:00,521 --> 00:49:01,940 Any other contact with Damien? 785 00:49:02,148 --> 00:49:03,441 None at all. Okay. 786 00:49:03,650 --> 00:49:09,822 I was just a big liar, and I really was just a big liar. 787 00:49:10,531 --> 00:49:13,952 STIDHAM: I've spent a lot of the last 17 years looking back 788 00:49:14,160 --> 00:49:17,538 at what I should have done and what I could have done. 789 00:49:17,872 --> 00:49:21,918 You know, it would be easy for me to say I did the best I could. 790 00:49:22,126 --> 00:49:25,672 But I didn't. There's no substitute for experience, 791 00:49:25,880 --> 00:49:29,759 and it's hard to look back. 792 00:49:36,599 --> 00:49:40,228 JONES: It was before the trial when Mr. Fogleman was leaving my office, 793 00:49:40,436 --> 00:49:45,483 I stopped him in the hallway, and I asked him, "Is this actually Satanic?" 794 00:49:45,650 --> 00:49:48,027 Is that what they're saying?" 795 00:49:48,861 --> 00:49:52,907 And he... His response was no, it's not Satanic. 796 00:49:53,116 --> 00:49:56,285 It's just murder. 797 00:49:57,453 --> 00:50:00,915 It's not something made up, it's not something dreamed up, 798 00:50:01,124 --> 00:50:03,668 it's not a figment of our imagination. 799 00:50:03,876 --> 00:50:08,881 The evidence was that this murder had the trappings of an occult murder, 800 00:50:09,090 --> 00:50:10,800 a Satanic murder. 801 00:50:11,009 --> 00:50:16,639 When you take the crime scene, the injuries to these kids, 802 00:50:16,848 --> 00:50:21,728 the testimony about sucking of blood, and there's a transference of power 803 00:50:21,936 --> 00:50:24,313 from drinking of blood. 804 00:50:25,148 --> 00:50:28,276 Could you have any reason to understand 805 00:50:28,484 --> 00:50:33,781 why someone would do that to three 8-year-old boys? 806 00:50:33,990 --> 00:50:40,329 Well, you know, everyone can say, "Well, who did you tell?" Well, nobody. 807 00:50:40,538 --> 00:50:46,002 I think this case was never about justice because they knew we didn't do this. 808 00:50:46,210 --> 00:50:48,546 Fogleman knew we did not do this. 809 00:50:49,088 --> 00:50:53,342 FOGLEMAN: Is it a coincidence this knife is found in the lake, 810 00:50:53,509 --> 00:50:57,972 hidden behind Jason Baldwin's house? 811 00:50:58,473 --> 00:51:01,768 And the same person that this knife is found behind is the person 812 00:51:01,976 --> 00:51:04,437 that told Michael Carson that he did it, 813 00:51:04,645 --> 00:51:08,274 and he sucked the blood out of the kid's penis, is that a coincidence? 814 00:51:08,483 --> 00:51:11,694 RIORDAN: If you ask me, the single greatest offense 815 00:51:11,903 --> 00:51:16,699 committed in this case is what was done by John Fogleman 816 00:51:16,908 --> 00:51:18,493 with the knife in the lake. 817 00:51:18,701 --> 00:51:22,080 LEVERITT: Fogleman had divers search a small lake behind the trailer park 818 00:51:22,288 --> 00:51:26,125 where Baldwin lived. That search produced a knife. 819 00:51:27,085 --> 00:51:31,422 DOUGLAS: To go out there in this big pond, and to go right there, 820 00:51:31,631 --> 00:51:35,802 and in just less than 3O minutes and come up with this... This knife. 821 00:51:36,010 --> 00:51:39,222 I mean, you win the lottery. 822 00:51:39,388 --> 00:51:41,891 And then there's a reporter covering it. 823 00:51:42,100 --> 00:51:46,938 RIORDAN: We interviewed and have the declaration of the diver. 824 00:51:47,146 --> 00:51:51,859 He said that he was given a description of the knife 825 00:51:52,068 --> 00:51:55,029 and where it would be located. 826 00:51:55,238 --> 00:51:58,866 The press said they were told... And we have the reporter. 827 00:51:59,075 --> 00:52:02,078 "Come to the lake, we are about to make a discovery." 828 00:52:04,413 --> 00:52:08,209 The prosecution knew the knife was in the lake. 829 00:52:08,417 --> 00:52:11,462 Nothing wrong with that. You have an informant, they tell you: 830 00:52:11,671 --> 00:52:15,383 "Oh, the crime was committed and we know where the murder weapon is. 831 00:52:15,591 --> 00:52:18,302 They committed the crime and they threw it in the lake." 832 00:52:18,511 --> 00:52:22,014 The thing is that informant is of critical importance. 833 00:52:22,223 --> 00:52:24,684 They're the one who connects it to the crime. 834 00:52:24,892 --> 00:52:28,437 They're the one who allows you to say it was the murder weapon. 835 00:52:28,646 --> 00:52:32,275 Why don't you call that informant at trial? 836 00:52:32,483 --> 00:52:36,571 Why instead do you tell a lie, as John Fogleman did, 837 00:52:36,779 --> 00:52:41,075 and say, "I just had a hunch it was in the lake"? 838 00:52:41,909 --> 00:52:46,706 The reason is that John Fogleman had been told how it got in the lake. 839 00:52:46,914 --> 00:52:49,250 It was thrown in the lake by Jason's mother. 840 00:52:49,458 --> 00:52:53,713 All I know is my son is innocent, and he has been quiet. 841 00:52:53,921 --> 00:52:57,383 RIORDAN: And so there's a connection to Jason. Why not bring it forward? 842 00:52:57,592 --> 00:53:00,636 Because the same people who told them that it was in the lake 843 00:53:00,845 --> 00:53:05,266 let him know that it was thrown into the lake a year before the crime. 844 00:53:06,684 --> 00:53:10,062 He knew that knife in the lake had nothing to do with the crime 845 00:53:10,229 --> 00:53:13,191 because he had been told when it was thrown in the lake. 846 00:53:13,399 --> 00:53:20,239 This knife, state's exhibit 77, caused those injuries right there. 847 00:53:22,200 --> 00:53:24,118 Dash, dash, dash. 848 00:53:25,286 --> 00:53:27,955 FRENCH: I think the knife that was in the courtroom was the one 849 00:53:28,164 --> 00:53:32,293 that was used on the Byers boy. 850 00:53:34,170 --> 00:53:36,172 I still think that. 851 00:53:36,380 --> 00:53:40,551 People that found the bodies and saw the wounds 852 00:53:40,760 --> 00:53:43,429 said that it appeared to be cult-related. 853 00:53:43,596 --> 00:53:48,059 Serrations are consistent with being inflicted with this type of knife. 854 00:53:48,226 --> 00:53:51,771 The only way you can tell if a serrated knife has been used 855 00:53:51,979 --> 00:53:55,441 is by looking for the serrations that rub across the skin. 856 00:53:56,442 --> 00:53:59,362 STIDHAM: Arkansas is one of the last remaining states 857 00:53:59,570 --> 00:54:02,573 that has a prosecutor-controlled crime lab. 858 00:54:02,782 --> 00:54:06,869 What that means is the medical examiner is not a witness 859 00:54:07,078 --> 00:54:11,540 for what actually happened, but he is an actual arm of the prosecution. 860 00:54:11,749 --> 00:54:14,126 At this time I would ask that Dr. Peretti 861 00:54:14,335 --> 00:54:16,712 be allowed to show the photographs and use... 862 00:54:16,921 --> 00:54:21,801 One of the key elements of the case that we wanted to get into was Frank Peretti. 863 00:54:22,009 --> 00:54:25,846 Dr. Frank Peretti was the assistant medical examiner at the time 864 00:54:26,055 --> 00:54:27,807 the autopsies were conducted. 865 00:54:28,015 --> 00:54:29,892 He's not actually board-certified. 866 00:54:30,101 --> 00:54:33,354 You get five chances to take the board exams in Arkansas 867 00:54:33,562 --> 00:54:36,023 and Frank Peretti has failed them twice. 868 00:54:36,190 --> 00:54:40,695 He's opted out of taking them again for personal reasons. 869 00:54:41,529 --> 00:54:47,410 His medical testimony at the trial created a picture in the jury's mind 870 00:54:47,618 --> 00:54:51,539 of a ritualistic, sexual murder. 871 00:54:51,747 --> 00:54:56,419 These type of injuries we commonly see in the female rape victim. 872 00:54:56,627 --> 00:54:59,297 Trying to spread the legs for penetration. 873 00:54:59,505 --> 00:55:04,885 The anal orifice was dilated, it could be from putting an object in the anus. 874 00:55:05,094 --> 00:55:08,222 Those types of injuries we generally see in children 875 00:55:08,389 --> 00:55:10,933 who are forced to perform oral sex. 876 00:55:11,142 --> 00:55:14,520 There's evidence of genital mutilation. This is the cutting wound here 877 00:55:14,729 --> 00:55:16,772 and the red is the shaft of the penis. 878 00:55:16,981 --> 00:55:21,027 Cutting wounds, superficial cuts, gouging-type injuries. 879 00:55:21,235 --> 00:55:23,904 Multiple superficial, interrupted cuts, multiple cuts. 880 00:55:24,113 --> 00:55:25,573 Stab wounds and cutting wounds. 881 00:55:25,740 --> 00:55:29,118 The knife is being twisted and the victim is moving. 882 00:55:29,327 --> 00:55:31,454 Gouging where the skin has been pulled out. 883 00:55:31,662 --> 00:55:34,957 Gouging wounds, cutting wounds, stab wounds. 884 00:55:35,166 --> 00:55:39,045 Skin is going to tear, skin has just been pulled away, torn out. 885 00:55:40,504 --> 00:55:46,260 STIDHAM: Those were the most horrifying photographs that anyone could imagine. 886 00:55:46,469 --> 00:55:48,971 Those jurors were scared to death. 887 00:55:49,180 --> 00:55:55,227 He is painting the picture in jury's minds of an absolutely horrific murder. 888 00:55:55,436 --> 00:55:56,562 Cruel and unusual. 889 00:55:57,605 --> 00:56:00,775 It's what the jury hears coming out of Frank Peretti's mouth 890 00:56:00,983 --> 00:56:05,863 more than anything that sentences Damien Echols to death. 891 00:56:06,030 --> 00:56:07,865 We took our lead from Peretti himself, 892 00:56:08,032 --> 00:56:11,869 because during the trial he holds up this textbook on forensic pathology. 893 00:56:12,078 --> 00:56:16,290 And it's written by Vincent DiMaio, who is a renowned medical examiner in Texas. 894 00:56:16,499 --> 00:56:21,003 BRENT: I believe you indicated that Dr. DiMaio and you are on a first-name basis. 895 00:56:21,212 --> 00:56:22,463 Yes, I did. 896 00:56:22,671 --> 00:56:25,800 And so we went to DiMaio himself. 897 00:56:28,511 --> 00:56:34,975 DIMAIO: The thing that's most interesting in this case is that while the autopsies 898 00:56:35,184 --> 00:56:38,604 are done in exquisite detail, 899 00:56:38,813 --> 00:56:45,778 to me, the interpretation of the findings are completely wrong. 900 00:56:46,821 --> 00:56:52,493 There is nothing here that I would say was due to a knife. 901 00:56:52,660 --> 00:56:57,957 Either the cutting edge, the tip or the back of a knife. 902 00:56:58,124 --> 00:57:01,794 If you think about how stupid it is, they're saying they're killing these kids. 903 00:57:02,002 --> 00:57:07,383 And, you know, dragging the back of a knife across them. 904 00:57:08,092 --> 00:57:10,177 When I looked at the photographs, 905 00:57:10,386 --> 00:57:13,931 it's obvious that by the appearance of the wounds, 906 00:57:14,140 --> 00:57:16,142 they had occurred after death. 907 00:57:17,143 --> 00:57:22,523 If you're gonna torture and mutilate someone, that's to cause pain to them. 908 00:57:23,023 --> 00:57:25,568 But these wounds are postmortem, 909 00:57:25,776 --> 00:57:30,156 so why are you torturing and mutilating dead bodies? 910 00:57:30,364 --> 00:57:31,991 It doesn't make sense. 911 00:57:32,199 --> 00:57:35,619 The irregular nature of the wounds, some scratches. 912 00:57:35,828 --> 00:57:39,582 There's no bleeding, there's no pattern. 913 00:57:39,790 --> 00:57:43,335 To me, it's obvious animal activity. 914 00:57:44,962 --> 00:57:49,008 GARNER: We actually called the place back there we used to ride our bikes. 915 00:57:49,216 --> 00:57:53,804 Turtle City. That's just behind there, because there were so many turtles. 916 00:57:53,971 --> 00:57:55,598 Everywhere, hundreds of them. 917 00:57:55,806 --> 00:57:59,643 Painted turtles, snapping turtles, soft-shell turtles, all kinds of turtles. 918 00:57:59,852 --> 00:58:04,440 SEALS: And they actually got such thing called the alligator snapping turtle 919 00:58:04,607 --> 00:58:07,109 that could be found. I mean... 920 00:58:07,276 --> 00:58:10,237 Big turtles with humps in their back. 921 00:58:10,404 --> 00:58:12,823 That make them look kind of like alligators. 922 00:58:13,032 --> 00:58:16,494 JAMIE: Our house was up against a ditch, so we would go back. 923 00:58:16,660 --> 00:58:20,206 There was a lot of them there, turtles, fish and mud. 924 00:58:20,372 --> 00:58:23,667 You'd see an armadillo that fell in the water or got hit by a car, 925 00:58:23,876 --> 00:58:27,338 and there'd be like four or five turtles just chewing on it. 926 00:58:27,546 --> 00:58:33,052 RICHARDS: Red flags should go up when a body is pulled from the water. 927 00:58:34,845 --> 00:58:37,640 Especially in the month of May. 928 00:58:37,848 --> 00:58:40,142 At that latitude, those reptiles are in high gear. 929 00:58:40,351 --> 00:58:45,105 They're feeding at their highest level, their most voracious appetites. 930 00:58:52,613 --> 00:58:54,406 Just keep going, keep going. 931 00:58:57,576 --> 00:59:00,829 This is the bite mark I'm looking for. 932 00:59:05,543 --> 00:59:08,712 You can already start to see the outline of the jaw. 933 00:59:17,555 --> 00:59:20,975 DIMAIO: The animals usually start with soft tissue. 934 00:59:23,143 --> 00:59:27,773 And the scrotum and the skin around the penis is soft and they're coming off, 935 00:59:27,982 --> 00:59:32,653 so the animal doesn't have to go against the body mass itself, 936 00:59:32,861 --> 00:59:35,698 but goes at the things that are dangled in front of it. 937 00:59:40,494 --> 00:59:46,875 And then they'll go to things like lips and the tip of the nose and the ears. 938 00:59:52,673 --> 00:59:57,011 What you're dealing with is a horrendous crime. 939 00:59:57,219 --> 01:00:02,182 Three young boys murdered in cold blood. 940 01:00:02,391 --> 01:00:05,185 Just that alone upsets people. 941 01:00:05,394 --> 01:00:10,858 You look at the bodies and there's these savage injuries all over. 942 01:00:11,066 --> 01:00:18,032 It affects people emotionally and it warps their judgment. 943 01:00:20,326 --> 01:00:25,080 And then someone says, "Maybe it's Satanic!" 944 01:00:25,289 --> 01:00:29,835 And they say, "Well, the only type of person who would do this" 945 01:00:30,044 --> 01:00:33,255 would be someone like that." 946 01:00:33,464 --> 01:00:35,549 We didn't want just one opinion. 947 01:00:35,716 --> 01:00:38,302 We thought the best thing to do was basically to get 948 01:00:38,469 --> 01:00:42,389 six or seven of the very best people, get a wide range of views. 949 01:00:42,598 --> 01:00:46,685 Every single one of the independent experts that we approached 950 01:00:46,894 --> 01:00:49,647 came out with the same findings. 951 01:00:49,855 --> 01:00:53,192 BADEN: There's no evidence that these injuries occurred while they were alive. 952 01:00:53,400 --> 01:00:57,988 There's no evidence that, as the medical examiner testified, 953 01:00:58,197 --> 01:01:03,285 they were sexually assaulted, pulled up by the ears, fellatio involved. 954 01:01:03,452 --> 01:01:06,789 The problem is bad science drives out good science. 955 01:01:06,997 --> 01:01:10,626 You don't have to be a rocket scientist or a forensic dentist 956 01:01:10,793 --> 01:01:14,588 to look at that serrations on the back of that knife and say 957 01:01:14,797 --> 01:01:17,925 that that knife made these marks. I mean, give me a break. 958 01:01:18,133 --> 01:01:21,970 That is the most ridiculous statement that I've ever heard. 959 01:01:22,179 --> 01:01:25,432 And to sell that to a jury is unconscionable. 960 01:01:25,599 --> 01:01:30,729 JACKSON: We flew several of these forensic pathologists down to Arkansas 961 01:01:30,938 --> 01:01:33,607 to meet with Dr. Peretti face-to-face. 962 01:01:33,816 --> 01:01:37,319 Dr. Peretti listened patiently and nodded his head. 963 01:01:37,528 --> 01:01:39,321 And said he would consider all this. 964 01:01:39,488 --> 01:01:42,658 But he'd concluded that this couldn't have been caused by a turtle, 965 01:01:42,825 --> 01:01:44,910 and that's kind of where he drew his line. 966 01:01:45,119 --> 01:01:47,079 Now here all this information comes in. 967 01:01:47,287 --> 01:01:49,915 I start seeing a totally different kind of situation. 968 01:01:50,124 --> 01:01:51,917 This is not a lust murder 969 01:01:52,126 --> 01:01:56,046 where the killer is going after the genital areas of the victim. 970 01:01:56,255 --> 01:02:00,718 This is what's starting to develop to me as a personal-cause homicide 971 01:02:00,926 --> 01:02:05,305 directed at these children, but maybe one more than... More than others. 972 01:02:06,223 --> 01:02:08,934 In all probability this person would have been interviewed. 973 01:02:09,143 --> 01:02:12,229 Should have been by now, because he would be the logical person. 974 01:02:12,438 --> 01:02:15,065 There's a connection with the victims. 975 01:02:19,820 --> 01:02:23,532 DAMIEN: The person who killed those three kids is still out there walking on the street. 976 01:02:23,741 --> 01:02:27,661 To me, that would seem like the highest priority. Not this case. 977 01:02:27,870 --> 01:02:31,039 Not me, Jason or Jessie. You know, don't get me wrong, 978 01:02:31,248 --> 01:02:33,751 we're thankful for the support that people give us. 979 01:02:34,543 --> 01:02:37,004 But the main thing I would be thinking about 980 01:02:37,171 --> 01:02:42,217 is there's someone who killed three kids still living in my neighborhood. 981 01:02:44,845 --> 01:02:47,598 JACKSON: If you disregard the state's Satanic ritual theory, 982 01:02:47,806 --> 01:02:51,268 the entire nature of the crime changes. 983 01:02:51,477 --> 01:02:56,982 It starts you thinking, "Well, maybe we're not looking for these extreme suspects." 984 01:02:57,191 --> 01:03:02,237 We're looking for someone who's kind of ordinary, invisible." 985 01:03:03,447 --> 01:03:08,243 So at that point we thought we should put more funding into the DNA testing. 986 01:03:08,452 --> 01:03:11,747 HORGAN: We're getting packages and shipments of all sorts of DNA samples 987 01:03:11,955 --> 01:03:15,667 that we're then forwarding on to our DNA expert. 988 01:03:15,876 --> 01:03:18,504 RIORDAN: Out there was a process that was going on 989 01:03:18,712 --> 01:03:22,257 that either would be the impetus for exoneration 990 01:03:23,050 --> 01:03:25,928 or would be the state's last chance 991 01:03:26,136 --> 01:03:30,849 to demonstrate in this highly controversial case that he was good for it. 992 01:03:31,558 --> 01:03:33,393 And Damien's reaction to that was 993 01:03:33,602 --> 01:03:38,065 that he was absolutely adamant about the DNA testing. 994 01:03:38,857 --> 01:03:42,694 JACKSON: Of all the samples and all the various hairs and things that got tested, 995 01:03:42,903 --> 01:03:46,949 there was nothing, none of the DNA came back. 996 01:03:47,157 --> 01:03:49,785 Nothing matched Damien, Jason or Jessie. 997 01:03:51,912 --> 01:03:55,415 What was interesting, however, were some unknown hairs. 998 01:03:55,624 --> 01:03:57,376 There was one hair in particular 999 01:03:57,543 --> 01:04:01,046 that was in the binding of one of the ligatures. 1000 01:04:01,713 --> 01:04:03,882 The boys had their hands tied with shoelaces, 1001 01:04:04,091 --> 01:04:07,261 and right in the middle of a knot that had been tightened, 1002 01:04:07,469 --> 01:04:09,346 there was a hair jammed in that knot. 1003 01:04:09,555 --> 01:04:14,643 STIDHAM: Had the hair been located anywhere other than inside a ligature binding, 1004 01:04:14,852 --> 01:04:18,856 I would say, you know, it's not as significant as it could be. 1005 01:04:19,022 --> 01:04:22,943 But given its location, I think it's particularly damning evidence. 1006 01:04:23,110 --> 01:04:26,697 JACKSON: The hair tied into Michael Moore's ligature had to come from somebody. 1007 01:04:26,905 --> 01:04:30,576 So over Christmas, 2006, we studied John Douglas's report 1008 01:04:30,742 --> 01:04:34,371 and started to think about who that foreign profile could belong to. 1009 01:04:34,538 --> 01:04:39,251 LORRI: "This crime was not nearly so convoluted nor as twisted" 1010 01:04:39,418 --> 01:04:41,378 as the public were led to believe. 1011 01:04:41,545 --> 01:04:45,424 John Douglas said that this is most likely a personal-cause killing. 1012 01:04:45,591 --> 01:04:48,635 That is to say, the perpetrator knew one or more of the victims 1013 01:04:48,844 --> 01:04:53,682 and had good reason, at least in his own mind, to act out violently. 1014 01:04:53,891 --> 01:04:56,560 We know the boys were bashed on the head, tied up, 1015 01:04:56,768 --> 01:04:59,104 "and thrown into the drainage ditch." 1016 01:04:59,313 --> 01:05:02,858 The children were submerged in water, which is an unnecessary act 1017 01:05:03,025 --> 01:05:05,319 if you're a total... You know, total stranger. 1018 01:05:05,485 --> 01:05:09,698 And an unnecessary act to throw the bicycles into the bayou. 1019 01:05:09,907 --> 01:05:14,077 LORRI: "We know that all of this could have happened in the space of just 2O minutes." 1020 01:05:14,286 --> 01:05:16,455 It almost certainly happened before dark, 1021 01:05:16,663 --> 01:05:20,292 which means the crime in all likelihood occurred between the hours 1022 01:05:20,500 --> 01:05:24,171 of 6:30 and 7:45 p.m. 1023 01:05:24,379 --> 01:05:27,132 Who knew these boys well enough to kill them? 1024 01:05:27,341 --> 01:05:29,009 Who was out looking for them? 1025 01:05:29,176 --> 01:05:32,638 From where I stand we are pretty much left with a list of three people. 1026 01:05:32,846 --> 01:05:37,225 Mark Byers, Terry Hobbs, and Todd Moore. 1027 01:05:38,143 --> 01:05:41,563 Mark Byers began looking for Chris from 6 p.m. 1028 01:05:42,356 --> 01:05:45,859 Terry Hobbs was looking for Stevie Branch from 5 p.m. 1029 01:05:46,026 --> 01:05:48,111 Todd Moore was out of town. 1030 01:05:48,320 --> 01:05:50,197 We're left with two stepfathers. 1031 01:05:50,405 --> 01:05:53,867 But only one of them has ever been scrutinized as a suspect. 1032 01:05:54,076 --> 01:05:58,163 Byers once referred to himself as the giant red herring of this case, 1033 01:05:58,372 --> 01:06:01,124 and I think he was speaking the truth. 1034 01:06:01,333 --> 01:06:04,503 That is why I am interested in Terry Hobbs. 1035 01:06:05,671 --> 01:06:07,965 Hope this helps to explain where I'm coming from. 1036 01:06:08,173 --> 01:06:11,176 "Sending much love to you, Fran." 1037 01:06:12,678 --> 01:06:15,639 JACKSON: We were working with a private investigator, Rachael Geiser, 1038 01:06:15,847 --> 01:06:18,433 and we asked Rachael to start to investigate Terry. 1039 01:06:19,935 --> 01:06:23,438 I'd come in to work daily, and I would have 1040 01:06:23,605 --> 01:06:26,108 all of these e-mails from Fran about: 1041 01:06:26,274 --> 01:06:28,777 "Here's what we need to do, thanks for what you sent." 1042 01:06:28,944 --> 01:06:31,279 We really didn't know a whole lot about Stevie 1043 01:06:31,488 --> 01:06:33,865 because Stevie's life was kind of confusing. 1044 01:06:34,074 --> 01:06:37,995 PERETTI: These are the photographs of Steven Branch. 1045 01:06:38,203 --> 01:06:42,582 GEISER: You had his father, Stevie, his biological father. 1046 01:06:42,749 --> 01:06:43,959 Here we can see... 1047 01:06:44,126 --> 01:06:46,461 You had Pam, and then you had Terry. 1048 01:06:46,670 --> 01:06:51,425 Other than the fact that nothing's there, there's nothing that would raise any flags. 1049 01:06:51,633 --> 01:06:54,761 JACKSON: And so getting Terry's DNA became a priority for us now, 1050 01:06:54,970 --> 01:07:00,726 and the brief to Rachael was really get Terry's DNA without him knowing. 1051 01:07:03,395 --> 01:07:05,731 GEISER: Saturday morning, it was raining out, I remember, 1052 01:07:05,897 --> 01:07:07,733 and we showed up at his house early, 1053 01:07:07,899 --> 01:07:11,445 and he opened the door, and we told him who we were. 1054 01:07:11,653 --> 01:07:13,447 He said, "I've been expecting y'all." 1055 01:07:13,655 --> 01:07:16,199 I'll never forget it, he was like, "Come on in." 1056 01:07:16,408 --> 01:07:19,745 I remember we sat there with him for a while, and he, you know... 1057 01:07:19,953 --> 01:07:22,706 He was a likable-enough guy, he really was. 1058 01:07:22,914 --> 01:07:25,542 He talked about their life and how their life was. 1059 01:07:25,751 --> 01:07:29,296 He didn't talk a whole lot about Pam. I think they were fighting at the time. 1060 01:07:29,504 --> 01:07:32,716 And he didn't talk, really, about Amanda at all. 1061 01:07:32,883 --> 01:07:35,260 He interviewed with us, told us where he was. 1062 01:07:35,427 --> 01:07:39,097 He said that was the first time he'd ever told anyone his whereabouts. 1063 01:07:39,306 --> 01:07:42,684 So we waited in the living room while he was in the bathroom, I assume, 1064 01:07:42,893 --> 01:07:47,522 and that's when I took the cigarette butts out of the ashtray. Yeah. 1065 01:07:48,440 --> 01:07:51,234 RIORDAN: We got the fax, and I'm reading the fax, 1066 01:07:51,443 --> 01:07:56,740 and I'm reading the fax, and at some point I said, "Holy fuck." 1067 01:07:58,200 --> 01:08:04,164 We all were just kind of stunned to see this very dramatic DNA result. 1068 01:08:05,749 --> 01:08:08,627 GEISER: Terry comes in, sits down, and we tell him, you know... 1069 01:08:08,835 --> 01:08:12,297 LAX: The DNA that was found on the hair doesn't match. 1070 01:08:12,506 --> 01:08:14,966 Damien or Jason or Jessie. 1071 01:08:15,175 --> 01:08:19,846 So it's somebody else's DNA. They don't know whose? 1072 01:08:21,932 --> 01:08:23,767 Tell me. LAX: Yours. 1073 01:08:23,975 --> 01:08:26,561 No. LAX: Yes, it is. 1074 01:08:26,770 --> 01:08:28,271 No, that's wrong. 1075 01:08:28,438 --> 01:08:33,276 GEISER: We had to get him to come in because we knew that he didn't voluntarily give us this DNA. 1076 01:08:33,443 --> 01:08:36,530 We wanted to get either a voluntary sample or we need to see him 1077 01:08:36,738 --> 01:08:40,700 do something, you know, that would have left his DNA. 1078 01:08:40,909 --> 01:08:45,789 Terry Hobbs would not, at any point, give me his DNA voluntarily, no. 1079 01:08:46,248 --> 01:08:48,875 REPORTER 1: The biggest bombshell of the new defense investigation 1080 01:08:49,084 --> 01:08:52,879 is that an unexplained hair that could be from another victim's stepfather 1081 01:08:53,088 --> 01:08:55,423 was found on shoelaces at the crime scene. 1082 01:08:55,632 --> 01:08:58,969 REPORTER 2: They say the DNA matches victim Stevie Branch's stepfather, Terry Hobbs. 1083 01:08:59,177 --> 01:09:02,013 Hobbs tells me tonight, quote, "I don't have anything to hide. 1084 01:09:02,180 --> 01:09:03,431 I'll answer any questions." 1085 01:09:03,640 --> 01:09:08,728 Mr. Hobbs, do you feel like the attorneys are accusing you of this crime? 1086 01:09:08,937 --> 01:09:10,522 The answer to that would be no. 1087 01:09:10,730 --> 01:09:14,067 Is it possible, Mr. Hobbs, that that was your hair? 1088 01:09:14,276 --> 01:09:20,615 Sure, it was his son, Steven Branch, 1089 01:09:20,782 --> 01:09:25,954 who was murdered, and he's had to deal with this for the last 15 years. 1090 01:09:40,135 --> 01:09:43,972 AMANDA: The first tattoos I got was my parents' name... 1091 01:09:45,765 --> 01:09:49,227 because I love them more than anything in the world. 1092 01:09:49,436 --> 01:09:53,315 I've abused drugs for many years and I'm only 21 1093 01:09:53,523 --> 01:09:56,359 and I feel like it's because I'm trying to hide. 1094 01:09:56,526 --> 01:10:00,572 I did it to suppress something, to cover something up. 1095 01:10:00,780 --> 01:10:03,366 And where are your kids during this time, at your mom's? 1096 01:10:03,533 --> 01:10:06,328 Mm-hm. They live with my mom. 1097 01:10:06,536 --> 01:10:10,624 And so why don't you stay with your mom? 1098 01:10:10,832 --> 01:10:12,375 She thinks I'm too wild. 1099 01:10:13,084 --> 01:10:16,463 So she says, "You can't stay here because you're too wild"? 1100 01:10:18,798 --> 01:10:21,426 And I'm hung out on a limb. 1101 01:10:21,635 --> 01:10:24,012 What's that mean, you're hung out on a limb? 1102 01:10:24,221 --> 01:10:29,517 That I'm going crazy the way she did when Stevie died. 1103 01:10:35,523 --> 01:10:38,193 HORGAN: Once Terry Hobbs surfaced, it certainly advanced things. 1104 01:10:38,401 --> 01:10:40,070 It helped shift the momentum. 1105 01:10:41,279 --> 01:10:43,406 JACKSON: The West Memphis Police Department realized 1106 01:10:43,615 --> 01:10:45,909 that they had never actually interviewed him, 1107 01:10:46,117 --> 01:10:49,704 despite the fact that he was a stepfather of one of the victims. 1108 01:10:50,372 --> 01:10:55,293 They quickly conducted an interview with Terry Hobbs in 2007. 1109 01:10:55,502 --> 01:10:58,338 Anything unusual when you got home, at all? 1110 01:10:58,546 --> 01:11:00,715 Nothing other than, uh, Stevie wasn't home. 1111 01:11:00,924 --> 01:11:05,220 Terry Hobbs said to everyone that he was very concerned 1112 01:11:05,387 --> 01:11:08,598 when Stevie Branch didn't come home at 4:30 that night. 1113 01:11:08,807 --> 01:11:14,104 If he was so worried at 4:30, why didn't he call Stevie's mom? 1114 01:11:14,312 --> 01:11:19,943 When he does finally tell her, 9:00, almost five hours later. 1115 01:11:20,151 --> 01:11:25,073 This person knows that he will be a logical suspect at some point, 1116 01:11:25,282 --> 01:11:27,701 but what he needs, he needs time on his hands. 1117 01:11:27,909 --> 01:11:29,744 He needs to establish an alibi. 1118 01:11:29,953 --> 01:11:32,122 We studied his movements that night. 1119 01:11:32,330 --> 01:11:35,834 He had spent some period of time on the evening of May the 5th 1120 01:11:36,042 --> 01:11:38,670 in the house of David Jacoby, who was a friend of his. 1121 01:11:38,878 --> 01:11:41,423 And I asked David, I said, "Would you go help me?" 1122 01:11:41,631 --> 01:11:45,635 He was with me probably 2:00 or 3:00 in the morning. 1123 01:11:45,844 --> 01:11:47,012 May the 6th. 1124 01:11:47,220 --> 01:11:50,015 Jacoby here is kind of a witness. 1125 01:11:50,223 --> 01:11:53,685 He never had this window of opportunity to perpetrate a crime like that 1126 01:11:53,893 --> 01:11:57,314 because he was with him for such a long period of time. 1127 01:11:58,106 --> 01:12:02,402 JACKSON: We got a sample of David Jacoby's DNA voluntarily... 1128 01:12:04,696 --> 01:12:07,490 and the analysis came back to say that another hair 1129 01:12:07,657 --> 01:12:11,202 that was found on a tree stump by the ditch where the bodies were found 1130 01:12:11,369 --> 01:12:15,206 was consistent with David Jacoby's DNA. 1131 01:12:16,541 --> 01:12:19,294 PAM: I wasn't even aware that he went to David Jacoby's. 1132 01:12:19,502 --> 01:12:24,049 According to Terry, he was walking the streets and searching the whole night. 1133 01:12:24,257 --> 01:12:28,094 So that was news to me when I found out. 1134 01:12:28,595 --> 01:12:31,348 Is there anything you can think of that we hadn't gone over? 1135 01:12:31,514 --> 01:12:34,517 That we hadn't asked, something you remembered through the years? 1136 01:12:34,684 --> 01:12:37,854 HORGAN: You'd thought they would do a meaningful interview with Terry Hobbs. 1137 01:12:38,063 --> 01:12:41,441 It was as if they were sitting out on the back porch just sharing a beer. 1138 01:12:41,608 --> 01:12:44,611 "We know you didn't have much to do with this." 1139 01:12:44,778 --> 01:12:49,115 Just, you know, for old time's sake, why don't you describe again 1140 01:12:49,282 --> 01:12:51,534 "how you didn't have anything to do with this?" 1141 01:12:51,743 --> 01:12:54,704 It didn't have the atmosphere of a serious interrogation at all. 1142 01:12:54,871 --> 01:13:00,043 You know, I don't know what happened out there in them woods that night. 1143 01:13:00,210 --> 01:13:02,379 JACKSON: Mike Allen, the lead investigator at the time, 1144 01:13:02,545 --> 01:13:04,672 and now the sheriff of Crittenden County, 1145 01:13:04,839 --> 01:13:08,176 issued a statement saying Terry Hobbs was not a suspect then 1146 01:13:08,385 --> 01:13:10,345 and he's not a suspect now. 1147 01:13:10,553 --> 01:13:15,225 A question that has got to be asked is that why have they so staunchly 1148 01:13:15,433 --> 01:13:19,187 refused to regard him as a person of interest? 1149 01:13:19,354 --> 01:13:23,650 There. Terry, appreciate it, man. 1150 01:13:27,946 --> 01:13:32,575 SCHECK: As we sit here today, there are 272 post-conviction DNA exonerations. 1151 01:13:32,784 --> 01:13:36,037 DNA is the essential element to prove their innocence, 1152 01:13:36,246 --> 01:13:41,501 and these people have done more than 3500 years in prison. 1153 01:13:41,709 --> 01:13:45,630 On the other hand, there are many, many cases, urn, 1154 01:13:45,797 --> 01:13:49,551 where there's been DNA that's helpful, as in the West Memphis Three case, 1155 01:13:49,759 --> 01:13:54,556 because it does shed light on other suspects. 1156 01:13:54,764 --> 01:13:59,477 And it does put particular significance on the absence of evidence. 1157 01:13:59,686 --> 01:14:02,439 There's an old phrase in the forensic science business 1158 01:14:02,647 --> 01:14:06,276 that absence of evidence is not evidence of absence. 1159 01:14:06,484 --> 01:14:08,069 Yeah, that's true. 1160 01:14:08,278 --> 01:14:11,322 On the other hand, when you have DNA testing, 1161 01:14:11,531 --> 01:14:16,411 and you've gone through every piece of trace evidence at a crime scene, 1162 01:14:16,619 --> 01:14:19,164 and you find nothing that links the defendants 1163 01:14:19,372 --> 01:14:22,542 who have been convicted to the crime, that is significant. 1164 01:14:24,669 --> 01:14:28,173 REPORTER: This may be Damien Echols' final appeal at the state level. 1165 01:14:28,381 --> 01:14:31,926 If his arguments are denied, the case then jumps into federal court. 1166 01:14:32,135 --> 01:14:35,138 A decision is expected in about a week. 1167 01:14:35,305 --> 01:14:37,932 JACKSON: All the investigative findings, the scientific results, 1168 01:14:38,141 --> 01:14:43,938 including the DNA, all of that is going to be presented to Judge Burnett. 1169 01:14:44,147 --> 01:14:50,111 Finally, Judge Burnett can consider this case with all this new information 1170 01:14:50,320 --> 01:14:54,657 that wasn't available to him or the prosecution back in 1994. 1171 01:14:54,866 --> 01:14:58,119 And so we were looking forward to having him reevaluate the case. 1172 01:14:58,328 --> 01:15:01,372 We really had high hopes. 1173 01:15:02,165 --> 01:15:06,669 RIORDAN: We wanted to give the attorney general some sense that it was coming. 1174 01:15:06,878 --> 01:15:09,047 We told him that there'd be these DNA results 1175 01:15:09,255 --> 01:15:10,965 and we got into a discussion. 1176 01:15:11,174 --> 01:15:13,384 What would you have to show to get a new trial? 1177 01:15:13,551 --> 01:15:18,640 And there was a point of laughter where one of them said: 1178 01:15:18,848 --> 01:15:22,268 "We're gonna set this bar as high as we possibly can." 1179 01:15:22,477 --> 01:15:25,313 Which is to say, we're gonna try and get a court to rule 1180 01:15:25,522 --> 01:15:32,278 "that it is really impossible to ever win under the Arkansas DNA statute." 1181 01:15:37,408 --> 01:15:42,789 People ask us what we're gonna do whenever I'm out, when we're together. 1182 01:15:42,956 --> 01:15:45,792 And we do talk about that. Um... 1183 01:15:46,417 --> 01:15:50,505 For Lorri and I, life isn't something that will happen one day down the road. 1184 01:15:50,713 --> 01:15:53,132 You know, we're together now, here. 1185 01:15:53,341 --> 01:15:56,636 We're not just in a state of suspended animation, waiting. 1186 01:15:56,844 --> 01:15:59,556 He was 21, I guess, when I met him. 1187 01:15:59,764 --> 01:16:03,393 He hadn't yet really started studying at that point, so it was kind of funny. 1188 01:16:03,601 --> 01:16:07,355 You know, I was in a different place in my life, and... But now, 1189 01:16:07,564 --> 01:16:10,942 I mean, I would ask him for advice before I would ask anybody. 1190 01:16:12,402 --> 01:16:18,533 I send him a lot of used books, and it is really fascinating to look at. 1191 01:16:18,741 --> 01:16:22,912 Because when I'm reading a book or when he's reading, 1192 01:16:23,079 --> 01:16:25,915 then we're going through... As everyone does in their life. 1193 01:16:26,082 --> 01:16:27,917 You're going through specific things. 1194 01:16:29,085 --> 01:16:32,922 You have 90 seconds left on this call. 1195 01:16:33,131 --> 01:16:36,759 DAMIEN: Uh, I don't normally read a lot of fiction anymore. I haven't for several years, 1196 01:16:36,968 --> 01:16:39,095 but a couple of days ago, 1197 01:16:39,304 --> 01:16:41,347 someone sent me the new Stephen King book. 1198 01:16:41,556 --> 01:16:45,351 You know, I started reading his books when I was probably 10 or 11 years old. 1199 01:16:46,185 --> 01:16:49,105 People have always undervalued him. 1200 01:16:49,314 --> 01:16:52,442 You know, they look at him as this, um, hack. 1201 01:16:52,650 --> 01:16:56,487 This hack writer who churns out horror novels. 1202 01:16:56,696 --> 01:16:59,741 In all of his books at the end, he always addresses the reader. 1203 01:16:59,949 --> 01:17:03,369 You know, he thanks you for going on this voyage with him, 1204 01:17:03,578 --> 01:17:05,997 and so I wanted to read it to you. 1205 01:17:06,205 --> 01:17:09,375 "All right, I think we've been down here in the dark long enough." 1206 01:17:09,584 --> 01:17:12,045 There's a whole other world upstairs. 1207 01:17:12,253 --> 01:17:13,755 Take my hand, constant reader, 1208 01:17:13,963 --> 01:17:16,966 and I'll be happy to lead you back into the sunshine. 1209 01:17:18,426 --> 01:17:22,597 I'm happy to go there because I believe most people are essentially good. 1210 01:17:22,805 --> 01:17:24,974 I know that I am. 1211 01:17:25,183 --> 01:17:28,227 "It's you I'm not entirely sure of." 1212 01:17:33,024 --> 01:17:35,151 A judge says no to new trial. 1213 01:17:35,360 --> 01:17:40,198 REPORTER 2: Judge Burnett made it clear that the DNA evidence isn't enough for a new trial 1214 01:17:40,365 --> 01:17:43,034 or to overturn the conviction. 1215 01:17:43,201 --> 01:17:45,244 David Burnett wouldn't hear the new evidence. 1216 01:17:45,411 --> 01:17:47,747 He complete... He denied it without even hearing it. 1217 01:17:49,415 --> 01:17:54,212 What can you do? I mean, in our minds, we started to entertain the idea 1218 01:17:54,420 --> 01:17:56,798 that Damien might be executed. 1219 01:17:57,006 --> 01:18:02,136 BURNETT: My life would have been a lot simpler if I hadn't been involved in that case. 1220 01:18:02,345 --> 01:18:07,975 I had to fiddle with it for 18 years and get beaten over the head by folks 1221 01:18:08,184 --> 01:18:10,645 that were opposed to what happened. 1222 01:18:10,853 --> 01:18:14,816 But I didn't pick and choose, I just took what came down the pipe. 1223 01:18:15,024 --> 01:18:18,486 It's not unusual for post-conviction motions 1224 01:18:18,653 --> 01:18:21,864 to be made in front of the judge that originally heard the trial. 1225 01:18:22,031 --> 01:18:25,201 The theory behind that is the judge who originally heard the trial 1226 01:18:25,368 --> 01:18:27,120 saw all the witnesses testify 1227 01:18:27,328 --> 01:18:30,081 and is in the best position to evaluate the new evidence. 1228 01:18:30,289 --> 01:18:37,296 But all of us are victims of bias that we don't even understand or know, 1229 01:18:37,505 --> 01:18:40,383 and sometimes you have to abandon hypotheses 1230 01:18:40,591 --> 01:18:42,677 that you've relied on in the past 1231 01:18:42,885 --> 01:18:46,097 and try to freshly evaluate the evidence. 1232 01:18:46,305 --> 01:18:51,269 All of this hoop-de-la about newly discovered evidence. 1233 01:18:51,477 --> 01:18:53,438 There is no newly discovered evidence. 1234 01:18:53,646 --> 01:18:59,944 All of the evidence that was found originally at the trial scene. 1235 01:19:05,074 --> 01:19:07,660 JACKSON: Judge David Burnett finally decides to stand for Senate. 1236 01:19:08,244 --> 01:19:10,413 We hoped like hell that he would get elected. 1237 01:19:10,580 --> 01:19:12,457 Because once he was elected to Senate, 1238 01:19:12,623 --> 01:19:15,543 he was unable to have anything to do with this case anymore. 1239 01:19:19,088 --> 01:19:22,383 ROLLINS: So Judge Burnett heard what he heard, 1240 01:19:22,592 --> 01:19:25,303 and he and his jury made their decision. 1241 01:19:25,511 --> 01:19:29,223 It was up to people from all over the world, and that would be you. 1242 01:19:29,432 --> 01:19:31,267 And the people next to you right now, 1243 01:19:31,434 --> 01:19:35,772 coming together to make some real justice happen. 1244 01:19:37,148 --> 01:19:40,067 I would like to read something to you guys. 1245 01:19:42,570 --> 01:19:47,658 "I can't remember what it's like to walk as a human being anymore." 1246 01:19:47,867 --> 01:19:51,996 It's been well over 16 years since I've actually walked anywhere. 1247 01:19:53,664 --> 01:19:55,333 There are times when I've thought, 1248 01:19:55,917 --> 01:20:00,922 surely, someone is gonna put a stop to this. 1249 01:20:01,130 --> 01:20:04,383 Oh, well, it does no good to dwell on it. 1250 01:20:04,592 --> 01:20:09,514 Either I waste my energy by focusing on things I cannot change, 1251 01:20:09,722 --> 01:20:14,685 "or I conserve my energy, and apply it to small things I can change." 1252 01:20:14,894 --> 01:20:19,899 Each small thing connects to make a great, big thing. 1253 01:20:20,066 --> 01:20:23,861 And that big thing is to bring those boys back home. 1254 01:20:24,070 --> 01:20:25,905 This is something I came across today 1255 01:20:26,072 --> 01:20:30,284 and it's just a small paragraph of one of Damien's letters from this February. 1256 01:20:31,327 --> 01:20:37,500 "The thing I like most about time is that it's not real. It's all in the head." 1257 01:20:37,667 --> 01:20:42,588 There's no such thing as the past, it exists only in the memory. 1258 01:20:42,797 --> 01:20:47,093 There's no such thing as the future, it exists only in our imagination. 1259 01:20:47,301 --> 01:20:51,806 If our watches were truly accurate, the only thing they would ever say 1260 01:20:52,014 --> 01:20:54,600 is 'now."' 1261 01:20:57,270 --> 01:20:59,730 And that's what time it is. Now. 1262 01:21:00,773 --> 01:21:03,192 ♪ Come gather 'round, people ♪ 1263 01:21:03,359 --> 01:21:06,237 ♪ Wherever you roam ♪ 1264 01:21:07,905 --> 01:21:10,241 ♪ And admit that the waters ♪ 1265 01:21:10,408 --> 01:21:12,785 ♪ Around you have grown a' 1266 01:21:12,952 --> 01:21:16,706 ♪ And accept that it soon You'll be drenched to the bone r 1267 01:21:19,417 --> 01:21:23,796 ♪ If your time to you Is worth savin' I 1268 01:21:23,963 --> 01:21:28,467 ♪ Then you better start swimmin' Or you'll sink like a stone a' 1269 01:21:28,634 --> 01:21:33,890 r For the times They are a-changin' a' 1270 01:21:40,354 --> 01:21:45,318 r Come senators, congressmen Please heed the call 4' 1271 01:21:47,987 --> 01:21:52,491 ♪ Don't stand in the doorway Don't block up the hall a' 1272 01:21:52,658 --> 01:21:57,455 ♪ For he who gets hurt Will be he who has stalled a' 1273 01:21:58,915 --> 01:22:03,794 ♪ There's a battle outside And it's ragin' a' 1274 01:22:03,961 --> 01:22:08,382 ♪ It'll soon shake your windows And rattle your walls a' 1275 01:22:08,549 --> 01:22:14,138 ♪ Oh, the times They are a-changin' N 1276 01:22:20,978 --> 01:22:24,065 One day, I get a phone call from my manager 1277 01:22:24,231 --> 01:22:26,651 saying Terry Hobbs is suing me. 1278 01:22:26,817 --> 01:22:29,904 LORRI: "Dearest Lorri, are the Dixie Chicks fighting this?" 1279 01:22:30,112 --> 01:22:33,407 This is a great opportunity to give Terry Hobbs his day in court, 1280 01:22:33,616 --> 01:22:36,953 "get all the facts out in the open and let a jury decide." 1281 01:22:37,161 --> 01:22:39,246 You swear to tell nothing but the truth, 1282 01:22:39,455 --> 01:22:42,083 so help you God? I do. 1283 01:22:42,249 --> 01:22:44,335 State your name for the record, sir. 1284 01:22:44,502 --> 01:22:45,503 Terry Hobbs. 1285 01:22:45,670 --> 01:22:47,271 "DAWSON". You can put your hand down now. 1286 01:22:47,380 --> 01:22:50,466 Could you tell the ladies and gentlemen why you sued my client? 1287 01:22:50,633 --> 01:22:57,556 All of the emotions, distress, the anger. 1288 01:23:00,685 --> 01:23:02,325 "DAWSON". That her statements caused you'? 1289 01:23:02,395 --> 01:23:04,105 Correct. 1290 01:23:04,271 --> 01:23:09,860 I didn't say anything about him. I had no intentions of finger-pointing at Terry Hobbs. 1291 01:23:10,069 --> 01:23:13,072 I don't even know that Terry Hobbs did it. 1292 01:23:13,239 --> 01:23:16,534 I sort of asked my attorney, "Why would he be doing this?" 1293 01:23:16,742 --> 01:23:20,579 He was confident that he was gonna win 1294 01:23:20,788 --> 01:23:23,582 and he was gonna get millions of dollars. 1295 01:23:23,791 --> 01:23:25,751 I think he's gutsy. 1296 01:23:25,960 --> 01:23:30,423 He had to have been warned that if he did that, he would have to be deposed, 1297 01:23:30,631 --> 01:23:33,175 which he was, and have to answer questions. 1298 01:23:33,384 --> 01:23:35,469 JACKSON: We gave Natalie's attorney, D'Lesli Davis, 1299 01:23:35,678 --> 01:23:39,849 access to our investigative files on Terry, his background, 1300 01:23:40,057 --> 01:23:43,310 his relationship with Stevie. And it enabled them to basically 1301 01:23:43,519 --> 01:23:47,648 sit him down and to finally question him 1302 01:23:47,857 --> 01:23:52,903 in a way that he had never, ever been questioned about this murder before. 1303 01:23:53,070 --> 01:23:58,451 Describe your reputation, other than just "a good man." What else would it be? 1304 01:23:58,617 --> 01:24:03,247 A hard-working man, good dad, good husband in the past. 1305 01:24:03,414 --> 01:24:04,790 Uh... 1306 01:24:04,957 --> 01:24:06,125 Pretty good man. 1307 01:24:06,333 --> 01:24:09,545 Are you an honest fellow? I try my best. 1308 01:24:09,754 --> 01:24:12,715 Law-abiding man? I do pretty good at it. 1309 01:24:14,508 --> 01:24:16,635 GEISER: We started doing background on Terry. 1310 01:24:16,844 --> 01:24:20,056 I went to Garland County because I knew he had lived there before, 1311 01:24:20,264 --> 01:24:24,018 specifically to interview his ex-wife. And it raised some flags at that point. 1312 01:24:32,610 --> 01:24:37,782 She told me he had gotten in trouble. I went to the court records 1313 01:24:37,948 --> 01:24:41,702 in Garland County and was able to pull that incident involving Mildred French. 1314 01:24:41,869 --> 01:24:46,540 Let me give you a minute to go through the declaration of Mildred French. 1315 01:24:49,376 --> 01:24:51,128 All right. D'LESLl: Have you read it? 1316 01:24:51,337 --> 01:24:52,379 No, I'm not going to. 1317 01:24:52,588 --> 01:24:54,590 Why not? It don't mean nothing to me. 1318 01:24:54,799 --> 01:24:57,927 Why doesn't it mean anything to you? It just don't. 1319 01:24:58,135 --> 01:25:01,514 Mildred French was a neighbor of yours back in the '80s, wasn't she? 1320 01:25:01,722 --> 01:25:03,349 I don't remember. 1321 01:25:04,683 --> 01:25:07,645 D'LESLl: Paragraph number four, "On one occasion I heard a baby crying" 1322 01:25:07,853 --> 01:25:12,608 and sounds that indicated to me that Terry Hobbs was beating his wife and/or his child." 1323 01:25:12,775 --> 01:25:15,903 She kind of let out a cry, 1324 01:25:16,070 --> 01:25:18,239 and then I heard the baby. 1325 01:25:18,447 --> 01:25:20,074 D'LESLl: "I ran next door to Terry's unit 1326 01:25:20,282 --> 01:25:22,576 and rang the bell to Terry Hobbs' residence." 1327 01:25:22,743 --> 01:25:24,537 He said it was none of my business, 1328 01:25:24,745 --> 01:25:27,665 and I said, "I'm making it my business, you do it again." 1329 01:25:27,873 --> 01:25:29,834 I said, "Because I've heard you before." 1330 01:25:30,000 --> 01:25:31,760 D'LESLl: Do you recall she was your neighbor? 1331 01:25:31,919 --> 01:25:33,129 Some old woman was. 1332 01:25:33,337 --> 01:25:35,673 "A few months later, I worked outside in my yard. 1333 01:25:35,881 --> 01:25:39,343 I went inside my home to take a shower and get cleaned up." 1334 01:25:39,552 --> 01:25:44,598 FRECH: And I got out of the tub and when I was reaching in to get the towel... 1335 01:25:44,807 --> 01:25:46,725 D'LESLl: "Terry Hobbs, who had broken in 1336 01:25:46,934 --> 01:25:50,437 and somehow gotten upstairs into my bathroom..." 1337 01:25:50,646 --> 01:25:54,358 I didn't see him come into the bathroom. He just grabbed me on my breasts. 1338 01:25:54,567 --> 01:25:58,362 D'LESLl: "I screamed at Terry loudly, 'What are you doing in my house?'". 1339 01:25:58,571 --> 01:26:01,657 And screamed, 'Get out!"' FRENCH: He said, "Shh! Shh!" 1340 01:26:01,866 --> 01:26:04,952 D'LESLl: "I kept repeating loudly." FRENCH: "Get out of my house!" 1341 01:26:05,161 --> 01:26:09,290 D'LESLl: "And ultimately Terry ran out of my home and ran downstairs into his unit." 1342 01:26:09,498 --> 01:26:11,500 What is your recollection of those events...? 1343 01:26:11,709 --> 01:26:13,586 I don't have any. Let me finish. 1344 01:26:13,794 --> 01:26:17,089 What is your recollection of the reason that the police were called 1345 01:26:17,298 --> 01:26:20,301 and those events that Ms. French remembers so clearly? 1346 01:26:20,509 --> 01:26:21,760 I don't have any. 1347 01:26:21,969 --> 01:26:24,555 "I said to Terry, 'Tell them what you did to me.'." 1348 01:26:24,722 --> 01:26:28,517 Terry looked at me square in the eye and said calmly, 'It never happened.' 1349 01:26:28,726 --> 01:26:33,063 I looked at Terry and told him, 'You are a liar and you are sick.“. 1350 01:26:33,272 --> 01:26:37,568 And I say, "You know, you're sick." And he says, "Yeah, I'm sick." 1351 01:26:37,776 --> 01:26:40,487 I never did like him, I mean... 1352 01:26:40,654 --> 01:26:42,531 Even when Pam first married him, 1353 01:26:42,698 --> 01:26:46,660 .there was just always something. He creeped me out. 1354 01:26:46,827 --> 01:26:48,537 Do you lose your temper very often? 1355 01:26:48,704 --> 01:26:49,914 No. 1356 01:26:50,122 --> 01:26:52,666 Pretty even-keeled guy? Try to be. 1357 01:26:52,875 --> 01:26:54,793 He's got a look that's plum evil, 1358 01:26:55,419 --> 01:27:00,549 and when that look of evil comes over him, you know, I know he's mad. 1359 01:27:00,716 --> 01:27:06,472 What... What's this? DAVISON: It is a judgment 1360 01:27:06,680 --> 01:27:13,354 against one Terry W. Hobbs for aggravated assault in '94, 1361 01:27:13,562 --> 01:27:16,941 in conjunction with the shooting of your brother-in-law. 1362 01:27:17,149 --> 01:27:20,110 Is that your signature at the bottom of the first page, sir? 1363 01:27:20,319 --> 01:27:21,904 It is. 1364 01:27:22,112 --> 01:27:27,117 He can snap into a nice guy and a bad guy by a snap of a finger. 1365 01:27:27,326 --> 01:27:29,453 D'LESLl: You did backhand Pam Hobbs 1366 01:27:29,620 --> 01:27:31,914 the night you ended up shooting her brother, 1367 01:27:32,122 --> 01:27:33,374 correct? Okay. 1368 01:27:33,582 --> 01:27:35,584 Is that correct? Yeah. All right. 1369 01:27:35,793 --> 01:27:36,835 Is that funny? 1370 01:27:37,044 --> 01:27:40,756 Well, it's... You get tired of talking about it after a while. 1371 01:27:40,923 --> 01:27:44,009 I need, for the record, for you to state under oath that you did 1372 01:27:44,176 --> 01:27:46,637 I did. Backhand Pam Hobbs. 1373 01:27:46,845 --> 01:27:49,139 It was over a jealousy of a woman. 1374 01:27:49,348 --> 01:27:51,976 I was just trying to get away and calm down, cool off, 1375 01:27:52,184 --> 01:27:55,437 and come back home, and he wouldn't let me have the keys. 1376 01:27:55,646 --> 01:27:57,982 So he punched me pretty hard that day. 1377 01:27:58,190 --> 01:28:01,235 D'LESLl: Were you jealous over the attention that Pam gave to Stevie? 1378 01:28:01,402 --> 01:28:03,320 No. Did you compete with Stevie 1379 01:28:03,487 --> 01:28:05,447 for Pam's attention? No. 1380 01:28:05,656 --> 01:28:10,703 He had made a comment to his mom that I paid more attention to my son 1381 01:28:10,911 --> 01:28:14,665 than I did, you know, being a wife, so... 1382 01:28:16,208 --> 01:28:20,296 JUDY: Stevie started talking to me probably when he was about 6 years old, 1383 01:28:20,504 --> 01:28:23,340 and he wanted to know if I could keep a secret. 1384 01:28:23,549 --> 01:28:27,303 And I told him, yeah, because we were really... We were very, very close. 1385 01:28:27,511 --> 01:28:29,680 Kind of like, you know, grew up together. 1386 01:28:29,888 --> 01:28:31,932 Because I was 8 years old when he was born. 1387 01:28:32,141 --> 01:28:34,852 Daddy Terry, as he called him, was mean to him. 1388 01:28:35,060 --> 01:28:38,105 And that he... He treated him different than Amanda. 1389 01:28:40,983 --> 01:28:44,320 The very first thing he ever told me is about how he would whup him. 1390 01:28:46,030 --> 01:28:47,990 Make him hold his hands up in the air, 1391 01:28:48,198 --> 01:28:50,534 and he would hold him by the hair of his head 1392 01:28:50,743 --> 01:28:52,077 while he was whupping him. 1393 01:28:52,244 --> 01:28:54,788 D'LESLl: He'd hold their hands in the air as he whipped them. 1394 01:28:54,955 --> 01:28:58,751 Sometimes when he whipped Stevie, he would leave belt marks on him. 1395 01:28:58,959 --> 01:29:01,128 Is that true? No. 1396 01:29:01,337 --> 01:29:04,089 Is it true you whipped Stevie with a belt? Yes. 1397 01:29:04,298 --> 01:29:07,885 Is it true that you whipped Stevie and made him hold his hands up in the air? 1398 01:29:08,093 --> 01:29:09,887 I didn't want to hit him on the hands. 1399 01:29:10,095 --> 01:29:11,805 So that's true? Yes. 1400 01:29:12,014 --> 01:29:14,725 The only thing that's not true about paragraph number 1O 1401 01:29:14,933 --> 01:29:17,061 is that you would leave belt marks on him? 1402 01:29:17,269 --> 01:29:18,312 Not that I recall. 1403 01:29:18,520 --> 01:29:22,358 MARIE: Stevie had a belt mark on him, and I asked Pam who whipped him. 1404 01:29:22,524 --> 01:29:24,777 I thought she had and she said Terry did. 1405 01:29:24,943 --> 01:29:28,405 She didn't want to tell at first, but she finally told me. 1406 01:29:28,864 --> 01:29:33,786 Stevie never would tell us because he's afraid he'd get beat to death 1407 01:29:33,994 --> 01:29:35,537 or whatever when he got home. 1408 01:29:35,746 --> 01:29:39,583 JUDY: And about locking him up in the closet if he didn't do what he was told 1409 01:29:39,792 --> 01:29:42,211 right when he was told. 1410 01:29:42,419 --> 01:29:43,587 I lived with them. 1411 01:29:43,754 --> 01:29:45,798 I was around them off and on. 1412 01:29:46,215 --> 01:29:48,759 It was a happy time. 1413 01:29:48,926 --> 01:29:50,302 I've got pictures, 1414 01:29:50,928 --> 01:29:53,639 everybody's smiling, everybody's happy. 1415 01:29:53,847 --> 01:29:57,393 Everybody's swimming, everybody's having a good time. 1416 01:29:57,935 --> 01:30:01,480 There was no fighting and screaming and hollering 1417 01:30:01,688 --> 01:30:04,525 and beating the kids and stuff like that. 1418 01:30:04,733 --> 01:30:08,404 I can't say, "I wish he wouldn't have married her." I can now. 1419 01:30:08,612 --> 01:30:11,573 Back then I didn't know her enough to say, "Ew." 1420 01:30:11,740 --> 01:30:14,743 But I do now, so, "Ew." 1421 01:30:14,910 --> 01:30:20,416 Then he got into a little more detail about things that were happening about... 1422 01:30:23,085 --> 01:30:29,425 Terry would come into his room while he was asleep or going to sleep... 1423 01:30:31,218 --> 01:30:34,763 and he would make Stevie watch him masturbate. 1424 01:30:38,142 --> 01:30:43,730 It progressed so much that he started making Stevie mess with Amanda. 1425 01:30:43,939 --> 01:30:45,740 D'LESLl: Is that true, sir? No, it's not true. 1426 01:30:45,941 --> 01:30:50,237 Can you think of any reason that Judy Sadler would say that about you 1427 01:30:50,446 --> 01:30:53,532 if she had not heard that from Stevie? You'd have to ask Judy. 1428 01:30:53,740 --> 01:30:55,742 Can you think of any reason? No. 1429 01:30:55,951 --> 01:30:59,955 She's told me about that, but I really feel like, if that was true, 1430 01:31:00,122 --> 01:31:04,710 why didn't you say that 16, 17, or 18 years ago? 1431 01:31:04,918 --> 01:31:07,921 Why do you wait this long to say it? 1432 01:31:08,130 --> 01:31:11,175 Because maybe if it would have been true and she said something, 1433 01:31:11,383 --> 01:31:16,180 then my mom would've kept me, she would've fought for me. 1434 01:31:16,388 --> 01:31:19,349 MEEKS: This is kind of a new thing for y'all, this therapy stuff, 1435 01:31:19,516 --> 01:31:24,271 so that's pretty stressful. But you'll get comfortable with that. 1436 01:31:25,272 --> 01:31:30,694 "Guilt. I feel guilty practically all the time." Can you put a finger on the guilt? 1437 01:31:30,903 --> 01:31:34,114 Where's that guilt coming from? I don't know. 1438 01:31:34,323 --> 01:31:36,575 Just can't seem to pick it out, huh? 1439 01:31:36,783 --> 01:31:40,996 D'LESLl: Attached here, too, is exhibit one, pages from Amanda Hobbs' journal 1440 01:31:41,205 --> 01:31:43,332 in her handwriting. 1441 01:31:43,499 --> 01:31:46,543 "You know, I think I'm the only 19-year-old that can't remember" 1442 01:31:46,752 --> 01:31:49,213 what happened in my life 10 years ago. 1443 01:31:49,421 --> 01:31:54,593 Was I traumatized as a child that I had to turn to drugs to forget about it? 1444 01:31:54,801 --> 01:31:57,888 I used to tell my mom, 'My dad messed with me.' 1445 01:31:58,096 --> 01:32:00,641 I honestly don't remember. 1446 01:32:00,849 --> 01:32:06,271 I used to dream about my dad having sex with me, but it was just a dream. 1447 01:32:06,480 --> 01:32:09,691 As far as I remember, my dad never touched me sexually, 1448 01:32:09,900 --> 01:32:12,569 "but he beat the hell out of me." 1449 01:32:12,778 --> 01:32:18,951 He hit me one time with a belt, but he used the buckle. 1450 01:32:19,159 --> 01:32:24,414 And it left a welt, probably that thick, across my whole back and it was purple. 1451 01:32:26,375 --> 01:32:29,044 D'LESLl: Is it still your testimony you never hit your daughter? 1452 01:32:29,253 --> 01:32:30,379 Correct. 1453 01:32:30,754 --> 01:32:33,507 D'LESLl: You never sexually molested her? 1454 01:32:33,674 --> 01:32:34,967 Never one time. 1455 01:32:35,175 --> 01:32:39,304 D'LESLl: When we talk about emotional or other problems your daughter has had, 1456 01:32:39,972 --> 01:32:42,641 you do not feel you are responsible for any of those. 1457 01:32:42,808 --> 01:32:44,601 Is that correct? Correct. 1458 01:32:44,768 --> 01:32:49,815 PAM: I know Stevie asked me about two weeks before he was murdered 1459 01:32:50,023 --> 01:32:52,276 to leave Terry, and I asked him why. 1460 01:32:52,442 --> 01:32:56,613 And he said, "He loves Amanda, but he don't love me." 1461 01:33:00,158 --> 01:33:07,082 I feel like I'm putting the pieces of a puzzle together and I'm so scared. 1462 01:33:08,125 --> 01:33:11,878 Talking to Terry over things that's happened and all that, 1463 01:33:12,087 --> 01:33:15,591 they did their job, they got the right ones, and all this. 1464 01:33:18,010 --> 01:33:23,348 I just want the truth. I want the answers. 1465 01:33:28,103 --> 01:33:30,689 Since the program aired, convictions were handed down 1466 01:33:30,897 --> 01:33:35,652 to all three of the accused teenagers, and it became undeniable 1467 01:33:35,861 --> 01:33:39,448 that the brutal murders had been part of a Satanic ritual. 1468 01:33:40,032 --> 01:33:42,784 Back with us today, Pam and Terry Hobbs. 1469 01:33:42,993 --> 01:33:44,578 I mean, all murder is horrible. 1470 01:33:44,786 --> 01:33:47,789 Is the manner of his, the specific manner in which he died, 1471 01:33:47,998 --> 01:33:50,626 is that something that will always haunt you? 1472 01:33:51,293 --> 01:33:54,546 Yeah, I'll go to my grave with it, thinking about it. 1473 01:33:54,713 --> 01:33:56,590 I realize my son is in a better place. 1474 01:33:56,798 --> 01:34:00,510 STIDHAM: I got a phone call back in 2003 about the Hobbs knives 1475 01:34:00,719 --> 01:34:04,514 that Pam discovered when their marriage went south. 1476 01:34:05,974 --> 01:34:08,935 PAM: What stuck out to our attention is Stevie's knife in there. 1477 01:34:09,102 --> 01:34:13,815 STIDHAM: According to Pam, that knife would have been in the boy's pocket 1478 01:34:14,024 --> 01:34:17,527 the day that he was murdered, and so that was very interesting. 1479 01:34:17,736 --> 01:34:20,697 MORIARTY: How did he get it? More important, when did he get it? 1480 01:34:20,906 --> 01:34:26,411 Pam says she knows Stevie Branch had it until he died. Terry Hobbs says... 1481 01:34:26,620 --> 01:34:31,291 I was his dad, I was acting as a responsible parent. 1482 01:34:31,500 --> 01:34:35,754 Not letting a 6-, 7-, 8-year-old little boy carry a pocket knife. 1483 01:34:35,962 --> 01:34:38,215 DAVISON: Aren't you aware that his mommy, his mother, 1484 01:34:38,382 --> 01:34:42,135 said that he carried the knife with him up until the time that he disappeared? 1485 01:34:42,302 --> 01:34:43,887 So? 1486 01:34:44,096 --> 01:34:45,972 And she stated that she didn't trust 1487 01:34:46,181 --> 01:34:51,019 the prosecution and she wanted to turn it over to the defense. 1488 01:34:51,228 --> 01:34:55,148 DAVISON: I'm asking if it surprised you, given the fact that the West Memphis Police 1489 01:34:55,357 --> 01:34:58,777 has spent so much time and so much money over the years 1490 01:34:58,985 --> 01:35:03,782 saying they got it right, that when DNA attributed to someone else 1491 01:35:03,949 --> 01:35:06,368 was found in the ligature of one of the victims 1492 01:35:06,576 --> 01:35:09,621 that they attributed it to secondary transfer? 1493 01:35:10,831 --> 01:35:14,751 What if it was secondary transfer? What if it wasn't? 1494 01:35:14,960 --> 01:35:17,963 What are you saying? I'm saying there could be a question 1495 01:35:18,171 --> 01:35:21,425 about whether or not you were somehow involved in these crimes. 1496 01:35:21,633 --> 01:35:23,343 Well, who says that? 1497 01:35:23,802 --> 01:35:27,180 How do you explain Mr. Jacoby's DNA? 1498 01:35:28,056 --> 01:35:30,559 Which is the second... I have no explanation for that. 1499 01:35:30,767 --> 01:35:34,855 ATTORNEY: Objection to form... We was in them woods all night. 1500 01:35:40,152 --> 01:35:42,904 The first time I heard about DNA was 1501 01:35:43,071 --> 01:35:45,991 the lack of DNA at the crime scene. 1502 01:35:48,034 --> 01:35:53,790 The first time I heard about my DNA, it was just shock therapy, I think. 1503 01:35:53,999 --> 01:35:56,752 Telling me that they found my DNA at the crime scene. 1504 01:35:56,960 --> 01:35:59,921 Sleepless nights, you know, going over and over, 1505 01:36:00,130 --> 01:36:04,551 trying to see if there was something you missed or something you heard or... 1506 01:36:07,262 --> 01:36:10,932 DAVISON: It's your testimony Mr. Jacoby was with you all night in the woods? 1507 01:36:11,141 --> 01:36:14,561 We were together quite a bit that night. No, that's not my question. 1508 01:36:14,770 --> 01:36:17,272 You testified earlier that you and Mr. Jacoby 1509 01:36:17,439 --> 01:36:19,608 were together all night until it was time 1510 01:36:19,775 --> 01:36:21,401 for him to go to work. Exactly. 1511 01:36:21,610 --> 01:36:24,821 Is that your story, or are you changing it? TERRY: No, we were. 1512 01:36:25,280 --> 01:36:28,950 JACOBY: So I'm at home and I hear a knock on the door. 1513 01:36:29,117 --> 01:36:30,535 And it's Terry and Amanda. 1514 01:36:30,744 --> 01:36:33,163 I ask him what's he doing. He says: 1515 01:36:33,371 --> 01:36:36,166 "Oh, looking for Stevie, he was supposed to be home." 1516 01:36:36,333 --> 01:36:38,253 D'LESLl: "Terry and Amanda came inside my house." 1517 01:36:38,335 --> 01:36:41,546 Amanda played with toys and Terry and I sat down and played guitars 1518 01:36:41,755 --> 01:36:44,841 "for up to one hour." You've already stated that it's possible 1519 01:36:45,008 --> 01:36:47,844 you went to David's house and played guitars for one hour. 1520 01:36:48,011 --> 01:36:50,722 I didn't say that. You said that in your last deposition. 1521 01:36:50,889 --> 01:36:52,682 I don't recall playing the guitars. 1522 01:36:52,891 --> 01:36:56,436 I went over to see if David would help me look for the three little boys. 1523 01:36:56,645 --> 01:36:58,855 "Pretty Woman," Roy Orbison. 1524 01:36:59,064 --> 01:37:02,692 I handed him my guitar and asked him to play that part of that song again, 1525 01:37:02,901 --> 01:37:07,113 so I could get it down and he... We did that two or three times, 1526 01:37:07,322 --> 01:37:09,950 you know, before I finally got it right. 1527 01:37:10,158 --> 01:37:13,578 So, you know, a little time went by and he says: 1528 01:37:13,745 --> 01:37:17,123 "Well, you know, I need to go look for Stevie." 1529 01:37:18,416 --> 01:37:21,378 I said, "Terry, let me know. Let me know where you find him." 1530 01:37:24,339 --> 01:37:28,385 DAVISON: Did you see Stevie at all that day, May the 5th? 1531 01:37:29,845 --> 01:37:31,763 No, I did not. 1532 01:37:33,682 --> 01:37:35,851 Did you see any of the three boys that day? 1533 01:37:36,059 --> 01:37:38,019 No, I did not. 1534 01:37:38,228 --> 01:37:42,190 JAMIE: I think the timeframe is what pulled us in more than anything else, 1535 01:37:42,399 --> 01:37:44,234 because I was like, "Wait a minute." 1536 01:37:44,442 --> 01:37:46,945 We went to church every Wednesday at the same time. 1537 01:37:47,153 --> 01:37:50,782 We left about 6:30 every single Wednesday, we never missed church. 1538 01:37:50,991 --> 01:37:53,118 And we saw them out there. 1539 01:37:53,326 --> 01:37:57,122 Terry Hobbs and Steven Branch lived three houses down from us 1540 01:37:57,330 --> 01:37:59,040 on South McAuley. 1541 01:37:59,207 --> 01:38:04,671 About 6:30, we came out the door and Steven was in front on his bike. 1542 01:38:04,838 --> 01:38:07,841 Christopher and Michael were running behind him, 1543 01:38:08,008 --> 01:38:09,843 and they zoomed out real fast. 1544 01:38:10,010 --> 01:38:12,804 I told Christopher, I yelled to him, "You need to go home." 1545 01:38:13,013 --> 01:38:14,681 Your brother said to go home." 1546 01:38:14,890 --> 01:38:17,517 He said, "I don't have to do what you tell me to do." 1547 01:38:17,726 --> 01:38:21,271 And I saw Terry walking down the sidewalk, and he was saying: 1548 01:38:21,479 --> 01:38:24,816 "Y'all come back down here," and they all went in that direction 1549 01:38:25,025 --> 01:38:28,653 toward him and we got in the car and went to church. 1550 01:38:28,862 --> 01:38:31,865 The next day at school, Ryan came up to us and he said 1551 01:38:32,032 --> 01:38:35,243 they couldn't find his brother, his brother didn't come home. 1552 01:38:35,410 --> 01:38:37,954 I told him, "I saw your brother, I talked to him." 1553 01:38:38,121 --> 01:38:40,540 I told him to come home. What are you talking about?" 1554 01:38:40,707 --> 01:38:42,542 He was really devastated, he was crying. 1555 01:38:42,709 --> 01:38:46,421 And he said that they found his brother, and he wasn't alive anymore. 1556 01:38:46,630 --> 01:38:47,797 We knew we saw him, 1557 01:38:48,006 --> 01:38:50,717 but we thought, "There, his dad was out there with him. 1558 01:38:50,884 --> 01:38:53,136 Surely, they told him that they were down there." 1559 01:38:53,303 --> 01:38:56,222 So we thought all this time that they already knew. 1560 01:38:57,140 --> 01:39:03,313 If deemed credible, it's more damning than even the DNA evidence, you know. 1561 01:39:03,521 --> 01:39:07,359 I mean, the last person to be in the presence of these three victims. 1562 01:39:07,567 --> 01:39:11,446 By denying that occurred, rather than offering any explanation of it, 1563 01:39:11,655 --> 01:39:13,949 it's awfully powerful stuff. 1564 01:39:14,115 --> 01:39:16,075 DOUGLAS: These people here were never interviewed. 1565 01:39:16,201 --> 01:39:17,786 They were just neighbors of Hobbs. 1566 01:39:17,953 --> 01:39:20,288 Hobbs wasn't interviewed. Didn't do a neighborhood. 1567 01:39:20,455 --> 01:39:23,458 They'll swear on a stack of Bibles that they saw Terry Hobbs 1568 01:39:23,625 --> 01:39:27,379 with the three children around 6:30. I don't know how many years 1569 01:39:27,545 --> 01:39:30,757 before anybody had asked me anything about it too. 1570 01:39:30,924 --> 01:39:32,592 D'LESLl: You say you were not ever alone 1571 01:39:32,801 --> 01:39:35,553 on the night of May 5th and the morning of May 6th, 1572 01:39:35,762 --> 01:39:41,935 and yet David Jacoby says you left his house twice, alone. 1573 01:39:42,143 --> 01:39:44,521 What Jacoby has told us so far 1574 01:39:44,729 --> 01:39:49,901 is that it could be two hours where Terry Hobbs can't be accounted for. 1575 01:39:50,110 --> 01:39:52,737 D'LESLIE: I'm saying that you don't have an alibi witness 1576 01:39:52,946 --> 01:39:56,241 for two to two and a half hours on the evening of the murders. 1577 01:39:56,449 --> 01:40:00,662 From 6 p.m. to 8:30 p.m. I don't know. 1578 01:40:00,870 --> 01:40:02,789 Does that concern you? No. 1579 01:40:09,421 --> 01:40:10,964 "TERRY". Hello? Hey. 1580 01:40:11,172 --> 01:40:13,466 Had me a visitor today. 1581 01:40:13,675 --> 01:40:16,845 John, what's...? John Douglas? 1582 01:40:17,053 --> 01:40:18,763 John's the FBI. 1583 01:40:18,972 --> 01:40:21,433 Ah... What'd he say? 1584 01:40:22,017 --> 01:40:25,186 There's a bunch of discrepancies on where I said where we're at 1585 01:40:25,395 --> 01:40:28,231 and where you say we were at, and it just... 1586 01:40:28,440 --> 01:40:31,026 I don't give a shit what them people got to say 1587 01:40:31,234 --> 01:40:33,570 about where I was at and what time I was there. 1588 01:40:33,778 --> 01:40:35,572 We don't have to answer to them people. 1589 01:40:35,780 --> 01:40:38,491 David is his primary alibi, 1590 01:40:38,700 --> 01:40:42,746 and what he has done in the past, he's fed information to David, 1591 01:40:42,954 --> 01:40:44,289 putting them together. 1592 01:40:44,497 --> 01:40:46,833 JACOBY: I don't know, from what I said and what you said 1593 01:40:47,042 --> 01:40:51,963 and what they're telling me, 6:30 to 9:30's really fucked up. 1594 01:40:52,130 --> 01:40:55,175 TERRY: Six-thirty to nine-thirty. I don't know what they're playing... 1595 01:40:55,341 --> 01:40:58,219 We rode around looking for three little boys. 1596 01:40:58,386 --> 01:41:01,598 We got out and we did a little walking, looking for three little boys. 1597 01:41:01,806 --> 01:41:05,018 I went and picked my wife up at 9:00. 1598 01:41:05,226 --> 01:41:08,521 "Where did you ride around, Mr. Hobbs?" West Memphis. 1599 01:41:10,482 --> 01:41:12,484 What'? You was with me, David. 1600 01:41:12,692 --> 01:41:13,735 You remember that? 1601 01:41:13,943 --> 01:41:16,696 DOUGLAS: Jacoby is starting to realize that he was being set up 1602 01:41:16,905 --> 01:41:19,908 by Terry Hobbs as an alibi. 1603 01:41:20,116 --> 01:41:23,244 "TERRY". Well, we know we didn't do it, okay? 1604 01:41:23,453 --> 01:41:26,456 The police know who done it, and they're sitting in prison. 1605 01:41:26,664 --> 01:41:29,167 At the time, I wasn't looking for three murdered kids. 1606 01:41:29,375 --> 01:41:31,503 I was helping my friend look for his kid 1607 01:41:31,711 --> 01:41:33,755 and who happened to be with another kid 1608 01:41:33,963 --> 01:41:35,799 who happened to be with another kid. 1609 01:41:36,007 --> 01:41:39,219 So I mean, and what upsets me is... Yeah. 1610 01:41:39,427 --> 01:41:43,181 I gotta stop with the camera, here it goes. 1611 01:41:44,724 --> 01:41:48,728 It just gets me that he didn't come back, you know? Fuck. 1612 01:41:48,937 --> 01:41:52,148 Why do you not come back to your friend's house to help you 1613 01:41:52,357 --> 01:41:54,109 if you can't find your kid? Yeah. 1614 01:41:54,943 --> 01:41:57,779 I stopped myself from saying that he did it, 1615 01:41:57,987 --> 01:41:59,572 you know, in all these years. 1616 01:41:59,781 --> 01:42:02,450 I've actually, you know, said he couldn't... 1617 01:42:04,702 --> 01:42:08,498 It gets to the point, I'd give my life to know the fucking truth. 1618 01:42:09,124 --> 01:42:10,750 Fucking Terry. 1619 01:42:13,753 --> 01:42:16,756 But I've been that little kid, you know? 1620 01:42:18,049 --> 01:42:20,885 You been that step...? That stepchild? That stepkid, yeah. 1621 01:42:21,094 --> 01:42:25,557 That gets his ass whupped at the drop of a hat for... 1622 01:42:25,723 --> 01:42:29,352 You know, for something somebody else's done. 1623 01:42:29,561 --> 01:42:33,064 And you catch what's built up from everybody else. 1624 01:42:33,273 --> 01:42:38,862 And that, I felt that with Stevie. I mean, like with the marbles. 1625 01:42:39,070 --> 01:42:42,365 He's throwing marbles and bouncing them off the wall. 1626 01:42:42,574 --> 01:42:45,451 Terry is telling him, "I'm gonna bust your ass. Quit." 1627 01:42:45,660 --> 01:42:47,954 Stevie, I'm gonna bust your ass. Stevie, quit. 1628 01:42:48,163 --> 01:42:50,748 "Stevie, quit. I'm gonna tell you one more time, Stevie." 1629 01:42:50,957 --> 01:42:53,877 And, you know, you just want... You wanna get that last marble. 1630 01:42:54,085 --> 01:42:57,255 And Stevie's looking like that last marble's fixing to come again, 1631 01:42:57,463 --> 01:43:01,509 and I said, you know, "Sit down, let me show you how we played marbles." 1632 01:43:01,718 --> 01:43:05,138 And it got Terry, you know, off of him, and... 1633 01:43:05,597 --> 01:43:06,890 Terry hated him. 1634 01:43:07,098 --> 01:43:10,435 What he did to him to make him hate him, I don't know. 1635 01:43:10,643 --> 01:43:13,479 Stevie was scared of Terry. 1636 01:43:14,022 --> 01:43:18,860 He was hid in the closet, and I asked him why he was hid in a closet. 1637 01:43:19,068 --> 01:43:22,155 You know, he had a mishap in his underwear 1638 01:43:22,363 --> 01:43:24,157 and Daddy Terry would whip him. 1639 01:43:24,365 --> 01:43:28,703 And one time he had thrown him against the wall. 1640 01:43:28,912 --> 01:43:32,207 DOUGLAS: I do not believe the homicide was planned. 1641 01:43:32,415 --> 01:43:37,253 This person responsible for the murders lost control and had to kill them. 1642 01:43:37,462 --> 01:43:41,090 They were already heading that way, and he said, "Get back down to the house." 1643 01:43:41,257 --> 01:43:44,052 And they passed him, they were laughing and playing. 1644 01:43:44,260 --> 01:43:46,054 We thought it was a normal day. 1645 01:43:46,221 --> 01:43:48,139 It was things we saw them do all the time. 1646 01:43:48,348 --> 01:43:52,143 D'LESLl: You were not angry in the sense that you become physically abusive? 1647 01:43:52,352 --> 01:43:53,394 Correct. 1648 01:43:53,603 --> 01:43:57,690 These young boys were overpowered. 1649 01:43:58,358 --> 01:44:00,568 D'LESLl: You do not fly into rages? Correct. 1650 01:44:00,777 --> 01:44:03,279 And you do not beat your children? Never. 1651 01:44:03,488 --> 01:44:07,242 If he was capable of doing this, and I can almost picture it, 1652 01:44:07,450 --> 01:44:11,204 that he freaked out, and the other two boys being there, um... 1653 01:44:11,996 --> 01:44:16,125 They've got skull fractures, they've got brain injuries. 1654 01:44:16,334 --> 01:44:19,754 If it had been an accident, the Terry Hobbs that I know, 1655 01:44:19,963 --> 01:44:23,800 no, I don't think that he would say that, "I accidentally did this." 1656 01:44:24,008 --> 01:44:27,428 "I'm sorry," and turn himself in for it. 1657 01:44:27,637 --> 01:44:32,850 BADEN: These children were alive until they inhaled water and drowned. 1658 01:44:33,017 --> 01:44:36,437 To do what he did to the children, hide the clothing, hide the children, 1659 01:44:36,604 --> 01:44:38,064 he got in water, got muddy. 1660 01:44:38,231 --> 01:44:40,733 DAVISON: There's been some discussion about you doing laundry 1661 01:44:40,942 --> 01:44:43,319 the evening of the 5th or the morning of the 6th. 1662 01:44:43,486 --> 01:44:45,405 Recall that? It didn't happen. 1663 01:44:45,571 --> 01:44:47,031 DAVISON: You didn't do laundry? TERRY: No. 1664 01:44:47,198 --> 01:44:51,244 I saw him cleaning. I saw him washing clothes. 1665 01:44:51,911 --> 01:44:54,789 I saw him in Stevie's room. 1666 01:44:54,998 --> 01:44:58,084 I mean, he had bleach and everything and was cleaning. 1667 01:44:58,251 --> 01:45:01,838 I had never seen Terry clean anything 1668 01:45:02,046 --> 01:45:03,631 the whole time I had known him. 1669 01:45:03,840 --> 01:45:07,677 When he took me to work, I believe Terry changed into a purple tank top, 1670 01:45:07,885 --> 01:45:10,263 a pair of shorts and his LA Gear tennis shoes. 1671 01:45:10,471 --> 01:45:12,390 He's muddy, he has to change his clothing. 1672 01:45:12,598 --> 01:45:14,183 When he picked me up from work, 1673 01:45:14,350 --> 01:45:18,980 he was in blue jeans and flannel top shirt on. 1674 01:45:19,147 --> 01:45:21,566 DOUGLAS: He has to get prepared and wait to be interviewed. 1675 01:45:21,774 --> 01:45:25,820 D'LESLl: And you have a dispute with every single one of your alibi witnesses. 1676 01:45:26,029 --> 01:45:30,033 If you put all of these statements together, 1677 01:45:30,241 --> 01:45:33,328 and all the evidence together that I've just run through, 1678 01:45:33,536 --> 01:45:35,288 and you're the police, 1679 01:45:35,496 --> 01:45:38,166 wouldn't you wanna look at Terry Hobbs for this murder? 1680 01:45:38,374 --> 01:45:40,793 You'd have to look at Terry Hobbs. 1681 01:45:41,794 --> 01:45:44,255 From an investigative perspective, 1682 01:45:44,464 --> 01:45:49,344 it solidifies Terry Hobbs as the principal suspect. 1683 01:45:49,552 --> 01:45:52,764 It's gonna be tough for someone like him to confess. 1684 01:45:52,972 --> 01:45:55,391 If he is in fact the guy, it's extremely tough. 1685 01:45:55,600 --> 01:45:59,479 He's had 18 years to think about it. He's got an answer for everything. 1686 01:45:59,687 --> 01:46:03,524 You throw him a pitch, he's got it. You know, he knows how to hit it. 1687 01:46:09,405 --> 01:46:11,991 The attorney general's office has taken the position 1688 01:46:12,200 --> 01:46:15,870 that not only should these wrongly convicted young men 1689 01:46:16,037 --> 01:46:18,539 not have the opportunity to prove their innocence, 1690 01:46:18,748 --> 01:46:22,502 but that no one ever in Arkansas 1691 01:46:22,710 --> 01:46:26,172 be given that opportunity on the grounds that Arkansas 1692 01:46:26,381 --> 01:46:30,385 is incapable of ever convicting anyone wrongly. 1693 01:46:31,135 --> 01:46:35,139 It's one thing to build perception that there's something wrong. 1694 01:46:35,306 --> 01:46:39,477 It's another thing to get a formal judgment overturning it. 1695 01:46:39,644 --> 01:46:46,317 There are still some formidable legal obstacles to opening that door. 1696 01:46:48,694 --> 01:46:50,446 Tell us why you're here today. 1697 01:46:50,655 --> 01:46:56,160 I'm here forjustice and the real killer to be found out. 1698 01:46:56,369 --> 01:47:01,582 If I've had to be the spotlight of people thinking I was involved, 1699 01:47:01,791 --> 01:47:05,837 if that kept the case alive to get where we are today, 1700 01:47:06,045 --> 01:47:08,297 I'd turn around and do it all over again. 1701 01:47:10,258 --> 01:47:13,886 Talk about what has been so impactful in this case that has changed your mind. 1702 01:47:14,095 --> 01:47:16,931 Because that day, you believed he was the killer. 1703 01:47:17,140 --> 01:47:19,308 That day I believed what the state told me. 1704 01:47:19,517 --> 01:47:22,437 And it took quite a while of being blinded, 1705 01:47:22,645 --> 01:47:25,064 and when I finally got my answers, 1706 01:47:25,231 --> 01:47:29,235 none of the roads led to the three in prison. 1707 01:47:29,444 --> 01:47:32,238 All the roads and all the evidence 1708 01:47:32,405 --> 01:47:36,159 lead to Terry Wayne Hobbs. 1709 01:47:42,206 --> 01:47:44,375 This case is outrageous. 1710 01:47:44,542 --> 01:47:48,296 People need to get involved and help on this case. I am happy to get involved, 1711 01:47:48,504 --> 01:47:51,466 donating my time, time from my law firm, pro bono, 1712 01:47:51,674 --> 01:47:54,594 because these young men need a fair trial. 1713 01:47:54,802 --> 01:47:59,265 If they're convicted again? Fine. But do it fair. Do it constitutionally. 1714 01:47:59,474 --> 01:48:02,310 It's an endurance test to keep up with this. 1715 01:48:02,518 --> 01:48:05,146 I think I was in my late 20s when I first heard about it. 1716 01:48:05,354 --> 01:48:07,607 I am now 45. 1717 01:48:08,691 --> 01:48:12,778 We'd buy Doritos and Skittles and M&M's. 1718 01:48:12,987 --> 01:48:17,074 And we'd sit down, and I'll have napkins and then Damien would say: 1719 01:48:17,283 --> 01:48:20,203 "All right, put out your napkin, okay, try this, all right." 1720 01:48:20,411 --> 01:48:23,247 One Ruffle, two orange Skittles. 1721 01:48:23,456 --> 01:48:25,082 All right, get the root beer ready. 1722 01:48:25,249 --> 01:48:28,085 "Now eat that, drink that at the same time, isn't that crazy?" 1723 01:48:30,963 --> 01:48:35,801 It's a long, long process. We've all had to educate ourselves and learn patience. 1724 01:48:36,010 --> 01:48:38,429 We'd make a small breakthrough 1725 01:48:38,638 --> 01:48:42,016 or something and Lorri and I would have a long two-hour phone call. 1726 01:48:42,225 --> 01:48:43,392 We'd get off the phone, 1727 01:48:43,559 --> 01:48:47,438 think this is gonna be a happy ending. There's gotta be a happy ending to this. 1728 01:48:48,731 --> 01:48:51,067 BRAGA: One thing that could happen is they could say no. 1729 01:48:51,275 --> 01:48:52,652 "Judge Burnett was right. 1730 01:48:52,860 --> 01:48:57,698 You lose, no new hearing, Damien. Sorry, done." 1731 01:48:57,907 --> 01:49:00,701 And then he literally is done in the Arkansas court. 1732 01:49:05,873 --> 01:49:07,083 The oral argument today 1733 01:49:07,291 --> 01:49:11,128 ts Damien Wayne Echols v. The State of Arkansas. 1734 01:49:11,337 --> 01:49:14,757 RIORDAN: So we have a situation here where the Arkansas legislature 1735 01:49:14,966 --> 01:49:20,388 passed these statutes out of, quote, "In response to nationwide concerns" 1736 01:49:20,596 --> 01:49:22,848 that innocent persons were being imprisoned 1737 01:49:23,057 --> 01:49:25,935 "and even executed for crimes that they did not commit." 1738 01:49:26,143 --> 01:49:29,146 However, the state takes the position 1739 01:49:29,355 --> 01:49:34,360 that the only evidence other than DNA allowed in a DNA action in this state 1740 01:49:34,569 --> 01:49:36,571 is evidence of guilt. 1741 01:49:36,779 --> 01:49:39,407 The fact of the matter is that DNA evidence 1742 01:49:39,615 --> 01:49:42,243 that couldn't have been obtained 15 years ago 1743 01:49:42,451 --> 01:49:44,620 begins to make things relevant. 1744 01:49:44,787 --> 01:49:47,957 Connect to other evidence that did not appear relevant 15 years ago. 1745 01:49:48,165 --> 01:49:52,336 So your interpretation is it's not really just new scientific evidence. 1746 01:49:52,545 --> 01:49:54,797 It's new evidence across the board that'll come? 1747 01:49:55,006 --> 01:49:56,048 Yes, Your Honor. 1748 01:49:56,257 --> 01:49:58,342 The animating purpose of this statute 1749 01:49:58,551 --> 01:50:02,471 is not to do away with finality of judgments, 1750 01:50:02,638 --> 01:50:05,725 but to test evidence of innocence. 1751 01:50:05,933 --> 01:50:08,728 Doesn't that include the last 17 years? 1752 01:50:09,437 --> 01:50:12,064 No, well, I'm sorry. Does it include the last...? 1753 01:50:12,273 --> 01:50:16,152 The last 17 years, or are you limiting the evidence that can be presented? 1754 01:50:16,360 --> 01:50:20,114 RAUPP: You can't bring in evidence that is just further reweighing of evidence 1755 01:50:20,281 --> 01:50:24,660 that the state post-conviction processes permit you to make in other forums. 1756 01:50:24,827 --> 01:50:28,664 Now certainly he would like to have a much freer reign 1757 01:50:28,873 --> 01:50:33,711 to go back to court and bring in 17 years' worth of claims 1758 01:50:33,919 --> 01:50:36,547 that have been made and retry his case. 1759 01:50:36,714 --> 01:50:40,051 Counselor, what harm is there in allowing him to present the evidence 1760 01:50:40,217 --> 01:50:42,720 from the last 17 years? I'm sorry? 1761 01:50:42,928 --> 01:50:47,141 JUDGE 2: What harm is there to...? In allowing him to present all evidence? 1762 01:50:47,933 --> 01:50:50,436 RAUPP: The harm is in the finality of a criminal judgment 1763 01:50:50,645 --> 01:50:55,066 that is not demonstrated to have any constitutional 1764 01:50:55,274 --> 01:50:58,486 or procedural defect and just to try it again. I mean... 1765 01:50:58,694 --> 01:51:02,531 RIORDAN: We would submit that the court is to consider the DNA evidence, 1766 01:51:02,740 --> 01:51:08,287 along with all other evidence, whether or not admitted at the first trial. 1767 01:51:08,496 --> 01:51:10,414 All simply means all. 1768 01:51:11,666 --> 01:51:16,671 LORRI: I talked to him, actually, right after the hearing. 1769 01:51:16,837 --> 01:51:19,882 Guards came into his cell 1770 01:51:20,091 --> 01:51:24,095 and took everything, everything he owns. All of his books. 1771 01:51:24,303 --> 01:51:28,307 Fifty-one books, his journals, his shoes. 1772 01:51:28,516 --> 01:51:30,351 When he asked why they were doing that, 1773 01:51:30,559 --> 01:51:33,562 they said they were sick of seeing him on the news. 1774 01:51:33,771 --> 01:51:37,817 It's terribly abusive. They were horribly abusive to him. 1775 01:51:39,610 --> 01:51:42,488 They don't like the death-row thing. 1776 01:51:42,697 --> 01:51:45,324 They're trying to get Damien Echols off of death row 1777 01:51:45,491 --> 01:51:47,326 so they can put two new people in there, 1778 01:51:47,493 --> 01:51:49,370 and you know who them two new people is? 1779 01:51:49,537 --> 01:51:52,081 Don't even say it. Me and you. 1780 01:51:52,623 --> 01:51:54,917 I ain't never felt the need to have to 1781 01:51:55,126 --> 01:51:58,587 try to defend somebody in our family before, 1782 01:51:58,754 --> 01:52:01,465 but now I feel like my brother's getting a bad rap. 1783 01:52:01,632 --> 01:52:03,592 Somebody's got to say something. 1784 01:52:03,759 --> 01:52:08,639 He, obviously, is just gonna keep letting it go and letting it go 1785 01:52:08,848 --> 01:52:12,059 because he feels like he's had enough, you know, and it's... 1786 01:52:12,226 --> 01:52:13,894 Somebody needs to say something. 1787 01:52:14,061 --> 01:52:16,480 If they're trying to put the blame on someone, 1788 01:52:16,647 --> 01:52:19,150 they need to dig deeper and find that someone. 1789 01:52:21,610 --> 01:52:27,450 AUTOMATED VOICE: Received December 11th at 11:02 a.m. 1790 01:52:27,783 --> 01:52:31,746 SISK: Ummm... Hello. I need to speak to somebody, 1791 01:52:31,912 --> 01:52:33,414 so please have someone call me. 1792 01:52:34,832 --> 01:52:38,085 MAN: Marker. GEISER: State your name, please. 1793 01:52:38,252 --> 01:52:41,046 Blake Sisk. GEISER: How old are you? 1794 01:52:41,213 --> 01:52:43,257 Twenty years old. Okay. 1795 01:52:43,632 --> 01:52:46,010 The other day we got a call on the tipline. 1796 01:52:46,177 --> 01:52:49,722 This young man had been a friend of Michael Hobbs Jr., 1797 01:52:49,889 --> 01:52:52,141 who is the nephew of Terry Hobbs. 1798 01:52:52,349 --> 01:52:56,270 Michael Hobbs Jr. Lives in a town called Mountain Home, Arkansas. 1799 01:52:56,479 --> 01:52:59,482 His dad, Michael Hobbs Sr., runs a restaurant there, 1800 01:52:59,690 --> 01:53:02,193 and they've lived there for a long time. 1801 01:53:02,401 --> 01:53:06,322 First thing he told us was that when he was about 12 or 13, 1802 01:53:06,530 --> 01:53:09,575 he and Michael Hobbs Jr. Had been playing football in the yard. 1803 01:53:09,784 --> 01:53:12,953 And when they got done playing football, they came into the house, 1804 01:53:13,120 --> 01:53:16,040 got a drink and were gonna go to the basement to play pool. 1805 01:53:16,207 --> 01:53:19,251 SISK: Michael said, you know, that his uncle and dad 1806 01:53:19,460 --> 01:53:21,670 were in their downstairs basement, 1807 01:53:21,879 --> 01:53:26,050 and we were gonna go downstairs, but his dad hollered, 1808 01:53:26,258 --> 01:53:29,386 you know, "Don't come down here, we're busy talking." 1809 01:53:29,595 --> 01:53:33,432 So me and Michael decided to listen in. 1810 01:53:33,641 --> 01:53:35,976 Michael Hobbs Jr. Told the witness 1811 01:53:36,185 --> 01:53:39,188 that his dad was down there with his uncle, 1812 01:53:39,355 --> 01:53:42,274 sounding like he might have been crying, saying: 1813 01:53:42,441 --> 01:53:45,653 "I'm sorry for what happened and I regret it." 1814 01:53:45,861 --> 01:53:49,073 Michael's dad was just consoling him about, you know, the situation 1815 01:53:49,281 --> 01:53:52,368 and everything would be all right. "You're not in any trouble." 1816 01:53:52,576 --> 01:53:54,578 A number of years later, he and a friend 1817 01:53:54,787 --> 01:53:59,208 were picked up by Michael Hobbs Jr. In Michael Hobbs Jr.'s truck. 1818 01:53:59,416 --> 01:54:02,503 My name's Cody Gott. This is fine. 1819 01:54:02,670 --> 01:54:06,841 You can use this for whatever you need to use it for. You have my permission. 1820 01:54:07,007 --> 01:54:11,053 When he picked us up, it was like... It wasn't the same Michael that I... 1821 01:54:11,262 --> 01:54:14,056 You know what I mean? He wasn't... 1822 01:54:14,390 --> 01:54:17,309 Wasn't in the same mood that he usually is. 1823 01:54:17,518 --> 01:54:20,104 He's usually outgoing, like, ready to go do something. 1824 01:54:20,312 --> 01:54:22,940 Ready to talk, ready to... And he was just real quiet. 1825 01:54:23,148 --> 01:54:28,904 He wasn't as talkative, and I asked him what was going on and he... 1826 01:54:29,113 --> 01:54:30,447 "What's up, man?" 1827 01:54:30,656 --> 01:54:33,659 And he said, he told me that: 1828 01:54:33,868 --> 01:54:37,705 "My uncle Terry, he killed those kids 1829 01:54:37,913 --> 01:54:41,041 in that case, in the West Memphis Three case." 1830 01:54:41,250 --> 01:54:46,839 And then he was like, well, "My dad told me that my uncle's the one" 1831 01:54:47,047 --> 01:54:51,385 who murdered those three kids and it's been, you know, on my mind all day. 1832 01:54:51,594 --> 01:54:54,013 "It's been just running through my head." 1833 01:54:54,221 --> 01:54:58,392 And I was just in shock, I didn't really know what to say. 1834 01:54:58,601 --> 01:55:01,896 Then, according to Michael Hobbs Jr., the second witness says 1835 01:55:02,104 --> 01:55:07,735 that his dad called this, quote, "the Hobbs' family secret," close quote. 1836 01:55:07,943 --> 01:55:10,696 He said, "Only me, my dad, my uncle" 1837 01:55:10,905 --> 01:55:13,115 and I think maybe his mom 1838 01:55:13,324 --> 01:55:15,743 and someone else in the family might have knew. 1839 01:55:15,951 --> 01:55:18,037 It might have been the other brother. 1840 01:55:18,203 --> 01:55:20,539 He called it the Hobbs' family secret, and he said: 1841 01:55:20,706 --> 01:55:23,918 "If they knew I told you, I would be in deep crap." 1842 01:55:24,126 --> 01:55:26,295 B RAGA: There was one third friend that they thought 1843 01:55:26,503 --> 01:55:30,466 might also have some information. What this third witness told me: 1844 01:55:30,633 --> 01:55:34,762 "Michael Hobbs Jr. And I and a third friend were playing pool in the basement." 1845 01:55:34,970 --> 01:55:37,306 During the game, the third friend said something 1846 01:55:37,514 --> 01:55:39,808 "about the West Memphis Three case." 1847 01:55:40,017 --> 01:55:42,770 Then this young man, the third witness, asked: 1848 01:55:42,978 --> 01:55:44,939 "What's the West Memphis Three case?" 1849 01:55:45,147 --> 01:55:46,982 Might be the only teenager in Arkansas 1850 01:55:47,191 --> 01:55:49,860 who didn't know what the West Memphis Three case was. 1851 01:55:50,069 --> 01:55:52,196 He asked that question and Michael Hobbs Jr. 1852 01:55:52,363 --> 01:55:54,490 Responded to him by saying, quote: 1853 01:55:54,657 --> 01:55:58,035 "My uncle killed three kids in West Memphis," close quote. 1854 01:55:58,243 --> 01:56:00,913 And according to this third witness, Michael Hobbs Jr. 1855 01:56:01,080 --> 01:56:04,166 Was dead serious when he said this. He was not fooling around. 1856 01:56:06,752 --> 01:56:10,464 In addition to getting them to sign the declarations under penalty of perjury, 1857 01:56:10,673 --> 01:56:14,093 they all took polygraph examinations. 1858 01:56:14,301 --> 01:56:17,137 The polygraph examiner concluded that these three young men 1859 01:56:17,346 --> 01:56:21,892 were absolutely telling the truth about what they heard Michael Hobbs Jr. Say. 1860 01:56:22,059 --> 01:56:24,478 I don't even think Michael knows why he did it. 1861 01:56:24,645 --> 01:56:28,273 I just... You know, he knows it happened, he knows he did it. 1862 01:56:28,482 --> 01:56:33,487 And it was his dad... His dad is... Probably would know, 1863 01:56:33,696 --> 01:56:35,990 you know, why he did it. 1864 01:56:36,198 --> 01:56:38,367 We don't have any power as defense attorneys 1865 01:56:38,575 --> 01:56:42,413 to call Michael Hobbs Sr. Into my office and to ask him to tell me 1866 01:56:42,621 --> 01:56:45,624 whether he called this the Hobbs' family secret and why he did. 1867 01:56:45,833 --> 01:56:48,085 The prosecutor can issue a grand jury subpoena 1868 01:56:48,293 --> 01:56:50,546 and ask Michael Hobbs Sr. In the grand jury 1869 01:56:50,754 --> 01:56:55,092 where he's under penalty of perjury if he lies, "Did you say this?" 1870 01:56:55,300 --> 01:56:57,803 Why'd you say it? What did you mean?" 1871 01:56:58,012 --> 01:57:00,222 And I think that's the kind of information 1872 01:57:00,431 --> 01:57:04,393 that only the prosecutor can get that could really crack this wide open. 1873 01:57:04,601 --> 01:57:07,396 TERRY: I don't give a shit what happened 17 years ago. 1874 01:57:07,604 --> 01:57:09,314 I know what didn't happen. 1875 01:57:09,523 --> 01:57:13,736 Me and you didn't do nothing wrong. So fuck them motherfuckers. 1876 01:57:14,445 --> 01:57:19,283 CINDY: We're proud people. We don't have no reason to tuck our head. 1877 01:57:20,325 --> 01:57:24,163 You hit a bump in the road, you wasn't expecting a speed bump being there, 1878 01:57:24,329 --> 01:57:27,249 but you pick yourself up on other side of that speed bump 1879 01:57:27,416 --> 01:57:30,502 and go, "Damn, I didn't see that one coming," and keep on going. 1880 01:57:30,669 --> 01:57:32,921 Pam's a speed bump. I'll put her that way. 1881 01:57:33,964 --> 01:57:37,259 Was Terry capable? Did Terry do it? 1882 01:57:37,468 --> 01:57:42,222 Did I stay with a man that possibly murdered my child? 1883 01:57:42,431 --> 01:57:47,436 And it does raise a lot of questions. 1884 01:57:55,069 --> 01:57:59,698 The court rejected every single thing that the state argued. 1885 01:57:59,865 --> 01:58:04,203 Basically saying Burnett was wrong in not allowing a hearing based on the DNA. 1886 01:58:04,411 --> 01:58:09,333 One, by one, by one. Just no, no, no. Wrong, wrong, wrong. 1887 01:58:09,917 --> 01:58:14,046 Finally the Supreme Court has ruled in our favor. 1888 01:58:14,213 --> 01:58:18,675 Uh, we could not be more excited. It was unanimous. 1889 01:58:18,884 --> 01:58:20,886 This is huge for Arkansas. 1890 01:58:21,095 --> 01:58:23,430 The Supreme Court is... Has ruled in our favor. 1891 01:58:23,639 --> 01:58:27,851 The State Supreme Court is on our side. 1892 01:58:28,060 --> 01:58:30,145 Finally. We won. We won. 1893 01:58:30,354 --> 01:58:34,358 REPORTER: The mother of Stevie Branch, one of the three 8-year-olds killed 1894 01:58:34,566 --> 01:58:36,819 in that murder, joins us now on the phone. 1895 01:58:37,027 --> 01:58:40,197 What is your reaction to the ruling by the Arkansas Supreme Court 1896 01:58:40,364 --> 01:58:42,324 that the killers can have a new hearing? 1897 01:58:42,533 --> 01:58:47,996 PAM: My reaction to it is, now with the DNA evidence and things 1898 01:58:48,205 --> 01:58:52,126 that doesn't point to the three men convicted, 1899 01:58:52,334 --> 01:58:56,505 that lets me know for sure they didn't lay a hand on my son. 1900 01:59:01,218 --> 01:59:04,847 DAMIEN: They keep constantly pushing the date of the hearing back. 1901 01:59:05,055 --> 01:59:07,141 First they told us it was gonna be in June. 1902 01:59:08,600 --> 01:59:11,103 Then they told us it was gonna be in October. 1903 01:59:11,979 --> 01:59:15,190 Now they've pushed it all the way back to December. 1904 01:59:15,983 --> 01:59:18,193 The wake of the victory was probably 1905 01:59:18,402 --> 01:59:21,280 the most difficult and frustrating time for Lorri of all. 1906 01:59:21,446 --> 01:59:26,076 LORRI: "Dearest Lorri, you never, ever need to apologize for how you are feeling." 1907 01:59:26,243 --> 01:59:28,912 I totally understand what you said, and why you said it, 1908 01:59:29,121 --> 01:59:31,915 and I'm glad you felt you could say it to me. 1909 01:59:32,124 --> 01:59:34,376 This situation is so very hard. 1910 01:59:34,585 --> 01:59:37,212 You and Damien have been treading water for years 1911 01:59:37,421 --> 01:59:40,007 and the shore never seems to get any closer. 1912 01:59:40,215 --> 01:59:42,050 "It's no wonder you feel like giving up." 1913 01:59:42,259 --> 01:59:45,888 After years and years of filing and hear... You know, this and that 1914 01:59:46,096 --> 01:59:47,806 and never-ending bureaucracy, 1915 01:59:48,015 --> 01:59:50,017 it keeps going back and forth. 1916 01:59:50,225 --> 01:59:55,147 RIORDAN: To go 16 or 17 years and finally have what was a remarkable victory, 1917 01:59:55,355 --> 01:59:57,191 and not simply for the three, 1918 01:59:57,399 --> 02:00:00,986 but about the whole nature of DNA testing in Arkansas. 1919 02:00:01,195 --> 02:00:05,490 And then say, "Well, when will this actually lead to Damien being released?" 1920 02:00:05,699 --> 02:00:07,951 And the answer being, you know, who knows? 1921 02:00:08,160 --> 02:00:11,496 LORRI: "it took me a while to understand what you must have learned long ago." 1922 02:00:11,705 --> 02:00:15,000 Nothing, and I mean nothing, comes easily with this case. 1923 02:00:15,209 --> 02:00:16,585 The breakthroughs are small 1924 02:00:16,793 --> 02:00:19,421 and the obstacles never seem to decrease in size. 1925 02:00:19,630 --> 02:00:23,258 Any small piece of progress is clawed from unforgiving rock. 1926 02:00:23,467 --> 02:00:25,302 All we can do is keep going. 1927 02:00:25,510 --> 02:00:29,640 If we keep on pounding on the wall, it will break, because it must break. 1928 02:00:29,848 --> 02:00:32,392 All things eventually break. 1929 02:00:32,601 --> 02:00:36,230 I would love to see photos of the 1920s house in Garton when you have them. 1930 02:00:36,438 --> 02:00:37,648 It sounds wonderful. 1931 02:00:37,856 --> 02:00:40,484 "Sending much love to you always, Fran." 1932 02:00:41,526 --> 02:00:43,195 You're so worn down, 1933 02:00:43,403 --> 02:00:46,573 you know, you might get something like say a common cold, 1934 02:00:46,782 --> 02:00:50,661 and the next thing you know, you're laying in bed sick for next six months. 1935 02:00:50,869 --> 02:00:53,497 Damien, you know, he's struggling 1936 02:00:53,705 --> 02:00:58,126 because of the health issues he's facing in prison, 1937 02:00:58,335 --> 02:01:02,047 just not having adequate nutrition, not being able to go into the sunlight. 1938 02:01:02,256 --> 02:01:06,885 You know, lack of vitamin D. His eyesight is starting to dim. 1939 02:01:08,971 --> 02:01:12,015 DAMIEN: Everything in your body is just hurting and shut down. 1940 02:01:12,182 --> 02:01:15,560 LORRI: Mm-hm. It made me wanna be nicer to you. 1941 02:01:17,896 --> 02:01:18,939 It did! 1942 02:01:19,147 --> 02:01:21,191 Sometimes it appears to me that 1943 02:01:21,400 --> 02:01:25,946 the attitude of the players involved in this case are: 1944 02:01:26,154 --> 02:01:29,074 "Let's sweep this under the rug, let's hope it goes away." 1945 02:01:29,283 --> 02:01:31,326 No one wants to admit they made a mistake. 1946 02:01:31,535 --> 02:01:35,956 What about the lawsuits that are gonna follow? 1947 02:01:36,164 --> 02:01:38,250 And who cares about that issue? 1948 02:01:38,458 --> 02:01:42,087 Let's just do the right thing, it's simple to do the right thing. 1949 02:01:49,052 --> 02:01:52,973 BRAGA: Something we had always planned on doing was to try to get the state to agree: 1950 02:01:53,181 --> 02:01:56,018 "Let's just go right to the new trial, because, of course,." 1951 02:01:56,184 --> 02:01:58,895 Damien and Jason and Jessie are sitting in the cooler 1952 02:01:59,062 --> 02:02:01,231 "each time there's a delay. Let's get to it." 1953 02:02:05,652 --> 02:02:08,155 JACKSON: So the defense decided to approach the state and say: 1954 02:02:08,363 --> 02:02:12,909 "Hey, let's skip the evidentiary hearing and just go straight to a new trial." 1955 02:02:14,161 --> 02:02:18,332 BRAGA: Two weeks ago yesterday, we sent Patrick Benca, our local counsel, 1956 02:02:18,540 --> 02:02:22,336 in to have a lunch meeting with Dustin McDaniel, the attorney general. 1957 02:02:22,544 --> 02:02:26,089 BENCA: I've known Dustin from law school and I knew he'd be approachable about it. 1958 02:02:26,298 --> 02:02:29,134 I wasn't sure whether he would take it in consideration. 1959 02:02:29,343 --> 02:02:34,056 Matter of fact, during the lunch he said to me, "That's a big ask." 1960 02:02:34,222 --> 02:02:37,809 Um, but I felt that he was listening to everything that I had to say. 1961 02:02:38,769 --> 02:02:42,105 BRAGA: Much to our surprise, the discussions progressed sort of away 1962 02:02:42,314 --> 02:02:44,816 from the "agree to the new trial" idea to 1963 02:02:45,025 --> 02:02:48,904 is there a way to reach a practical resolution of this case for everybody? 1964 02:02:50,197 --> 02:02:51,948 The attorney general brought in. 1965 02:02:52,157 --> 02:02:54,910 Scott Ellington, a circuit county prosecutor. 1966 02:02:55,118 --> 02:02:57,454 He came to Little Rock with a bunch of his lawyers. 1967 02:02:57,621 --> 02:03:02,709 The defense attorneys have maintained complete innocence 1968 02:03:02,876 --> 02:03:05,545 on behalf of the defendants all this time. 1969 02:03:05,712 --> 02:03:09,925 I mean, I don't underestimate our ability to have obtained convictions 1970 02:03:10,133 --> 02:03:11,468 in these cases. 1971 02:03:11,676 --> 02:03:15,305 But I wasn't looking forward to having to go to trial in this case, 1972 02:03:15,514 --> 02:03:20,894 because of the deterioration of evidence. 1973 02:03:21,103 --> 02:03:25,357 Memories lost. You know, stories changed. 1974 02:03:25,565 --> 02:03:28,985 Every time there was a filing, you know, there was a DNA... 1975 02:03:29,194 --> 02:03:32,406 Came out in the paper that there's new DNA, new DNA. 1976 02:03:33,031 --> 02:03:36,243 I was not looking forward to that. 1977 02:03:37,536 --> 02:03:42,541 We didn't want to show weakness in maintaining the judgment, 1978 02:03:42,749 --> 02:03:48,296 so one of our positions was the state is not making an offer. 1979 02:03:48,505 --> 02:03:51,675 BRAGA: The state said they're guilty. Our guys said they're innocent. 1980 02:03:51,883 --> 02:03:53,593 How do you bridge those two gaps? 1981 02:03:53,760 --> 02:03:55,762 There's only a couple of options in between. 1982 02:03:55,929 --> 02:03:57,305 We started making our pitches. 1983 02:03:57,514 --> 02:03:59,808 We started making our pitch for the Alford plea, 1984 02:03:59,975 --> 02:04:01,893 which we talked about before going in. 1985 02:04:02,853 --> 02:04:07,190 BRAGA: It's not a perfect resolution. It will be a guilty plea, 1986 02:04:07,357 --> 02:04:10,277 but it's a very, very rare and unique kind of guilty plea 1987 02:04:10,485 --> 02:04:13,155 where you get to maintain your innocence. 1988 02:04:13,363 --> 02:04:15,449 Prosecutors hardly ever allow this, 1989 02:04:15,657 --> 02:04:18,785 and judges have the right to say, "We're not gonna accept it 1990 02:04:18,952 --> 02:04:22,456 because can't maintain your innocence and plead guilty at the same time." 1991 02:04:22,664 --> 02:04:25,292 It kind of seems oxymoronic. 1992 02:04:25,500 --> 02:04:29,296 ELLINGTON: I'm... I guess I'm kind of a "shoot from the hip" guy to start with. 1993 02:04:29,504 --> 02:04:33,508 I kind of jumped on it real quick and then the attorney general and I 1994 02:04:33,717 --> 02:04:37,053 visited just briefly and he was like: 1995 02:04:37,262 --> 02:04:39,723 "Are you sure that you want to agree to this? 1996 02:04:39,931 --> 02:04:45,520 Are you sure this is the right thing for you, politically?" 1997 02:04:45,729 --> 02:04:48,482 Because he knows I'm elected as a prosecutor. 1998 02:04:48,690 --> 02:04:50,442 And this could backfire. 1999 02:04:50,650 --> 02:04:54,821 BRAGA: We knew what we really needed to make this deal, which is really only two points. 2000 02:04:54,988 --> 02:04:56,364 We needed it to be a deal 2001 02:04:56,531 --> 02:04:59,451 where the West Memphis Three could maintain their innocence. 2002 02:04:59,618 --> 02:05:03,413 And we needed it to be a deal where they got out of prison the day it was entered. 2003 02:05:03,580 --> 02:05:06,458 Not two years from now. Not, "We'll consider you for parole." 2004 02:05:06,625 --> 02:05:08,376 Not 10 years more. 2005 02:05:08,585 --> 02:05:11,755 Enter the plea, maintain your innocence, get out of jail. 2006 02:05:15,717 --> 02:05:19,137 This notice was released today out of the Craighead County Circuit Court. 2007 02:05:19,304 --> 02:05:22,307 It's vague, saying that the court will take up certain matters 2008 02:05:22,516 --> 02:05:25,185 pertaining to the West Memphis Three case tomorrow. 2009 02:05:25,393 --> 02:05:27,229 It went to Damien first, 2010 02:05:27,938 --> 02:05:30,148 and Damien readily accepted it. 2011 02:05:31,149 --> 02:05:33,527 How you doing? BRAGA: Then the deal went to Jessie. 2012 02:05:33,735 --> 02:05:35,362 Been a while. It has been a while. 2013 02:05:35,570 --> 02:05:37,989 BRAGA: And Jessie accepted it. We're almost home. 2014 02:05:38,198 --> 02:05:43,161 Which means by the time it got to Jason, Jason had the full veto power. 2015 02:05:43,328 --> 02:05:45,705 If he said yes, the deal would work for everybody. 2016 02:05:45,914 --> 02:05:49,793 If he said no, everybody was left right where they were, in prison. 2017 02:05:50,001 --> 02:05:52,629 JESSIE SR.: I come home, turn the TV on, it's all over TV. 2018 02:05:52,837 --> 02:05:56,299 Rumor mill got started this afternoon, and it's all over the place, 2019 02:05:56,508 --> 02:05:59,427 but I think everything's gonna work out fine in the morning. 2020 02:06:00,971 --> 02:06:03,723 BRAGA: His position was, "I, Jason, would rather stay in jail", 2021 02:06:03,932 --> 02:06:06,268 and fight this with my last dying breath 2022 02:06:06,476 --> 02:06:09,479 "until somebody recognizes I am 100 percent innocent." 2023 02:06:09,688 --> 02:06:14,234 REPORTER: There are reports that at least two of the infamous West Memphis Three 2024 02:06:14,442 --> 02:06:16,319 could be released from prison. 2025 02:06:16,528 --> 02:06:19,656 And I told him that I wanted three or nothing. 2026 02:06:24,995 --> 02:06:28,081 I didn't sleep much. I think the last time I looked at the clock 2027 02:06:28,290 --> 02:06:30,292 it was 4:00 this morning. 2028 02:06:31,585 --> 02:06:35,130 Mixed emotions, all type of things, so... 2029 02:06:38,425 --> 02:06:40,260 What do you think is going to happen? 2030 02:06:40,427 --> 02:06:43,847 Are you pretty sure, are you not sure, you doubtful this would happen? 2031 02:06:44,055 --> 02:06:45,974 I'm not sure, I'm doubtful, I don't know. 2032 02:06:46,182 --> 02:06:50,186 I'm just a pawn in this, just like they are. 2033 02:06:50,395 --> 02:06:53,023 They've been a pawn in this the whole time. 2034 02:06:53,231 --> 02:06:57,027 Now, I have to say, because I've been in the Arkansas Department of Correction, 2035 02:06:57,235 --> 02:06:59,654 I understand where they're coming from. 2036 02:06:59,863 --> 02:07:02,282 If I had to roll the dice for my freedom 2037 02:07:02,490 --> 02:07:06,286 or get out today by copping to a lesser plea, 2038 02:07:06,494 --> 02:07:09,914 I would probably take the plea to get out of prison. 2039 02:07:10,123 --> 02:07:14,127 But then I'm stuck the rest of my life with the stigma, 2040 02:07:14,294 --> 02:07:16,796 while the real killer walks free. REPORTER: Who do you believe. 2041 02:07:16,963 --> 02:07:18,715 This is notjustice! Is the real killer? 2042 02:07:19,090 --> 02:07:22,552 No comment. REPORTER: No comment? 2043 02:07:23,219 --> 02:07:25,847 Do you feel any relief? No. 2044 02:07:26,056 --> 02:07:27,682 None? 2045 02:07:28,475 --> 02:07:29,517 I gotta go. 2046 02:07:32,062 --> 02:07:34,272 What are you gonna do next, Terry? 2047 02:07:34,481 --> 02:07:37,317 Hey, hey, Terry, just for a second... 2048 02:07:38,068 --> 02:07:41,279 There's the baby-killer. Talk to him. 2049 02:07:44,074 --> 02:07:46,076 This is a free world. I can say what I want. 2050 02:07:46,284 --> 02:07:48,119 Freedom of speech, First Amendment right. 2051 02:07:48,328 --> 02:07:52,165 I contacted the other attorneys, asking them what was up. 2052 02:07:52,374 --> 02:07:54,376 If they knew anything that was going on. 2053 02:07:54,584 --> 02:07:59,214 They really indicated that they didn't know. 2054 02:08:01,174 --> 02:08:04,010 Jason was quite resolute 2055 02:08:04,219 --> 02:08:08,431 and not agreeing to taking the Alford plea. 2056 02:08:08,640 --> 02:08:11,601 And, I mean, really that's about 2057 02:08:11,810 --> 02:08:16,940 the biggest illustration of his innocence that you could ever imagine. 2058 02:08:17,691 --> 02:08:19,526 But this was really coming to a head, 2059 02:08:19,734 --> 02:08:24,072 and we didn't know how long this offer was gonna be on the table. 2060 02:08:24,280 --> 02:08:26,491 And it was there for the taking. 2061 02:08:26,700 --> 02:08:30,036 LORRI: We were trying to figure out alternate ways to get in touch with him. 2062 02:08:30,245 --> 02:08:33,581 Somebody who cares about him and loves him needs to be talking to him. 2063 02:08:33,790 --> 02:08:37,043 We need to get Holly. It's busy. 2064 02:08:38,044 --> 02:08:40,255 I'm just gonna keep dialing over and over. 2065 02:08:40,463 --> 02:08:43,091 You know, over the years we've just grown to be... 2066 02:08:43,299 --> 02:08:46,469 I mean, I'm closer to Jason Baldwin than I am to many people 2067 02:08:46,678 --> 02:08:49,097 that I have known my entire life. 2068 02:08:49,305 --> 02:08:54,269 Everybody just cannot believe that he would choose to stay in prison 2069 02:08:54,436 --> 02:08:57,397 when he can walk out, no matter what the reasons are. 2070 02:08:59,149 --> 02:09:02,152 I got a call from Lorri. 2071 02:09:02,360 --> 02:09:04,738 She said, "I'm gonna ask Eddie Vedder to call you." 2072 02:09:05,822 --> 02:09:09,576 VEDDER: I was trying to explain to Jason, look, anyone's gonna have to understand 2073 02:09:09,784 --> 02:09:11,953 locally and globally, 2074 02:09:12,162 --> 02:09:15,957 State of Arkansas is not gonna let go of three convicted child murderers 2075 02:09:17,167 --> 02:09:21,713 based on time served. It's implied that they don't have enough. 2076 02:09:21,921 --> 02:09:26,301 They don't have enough to keep them in. They don't have enough to win a trial. 2077 02:09:26,968 --> 02:09:30,972 HOLLY: I was able to get a call in to the prison to have Jason give me a call. 2078 02:09:31,181 --> 02:09:33,933 He said, "This isn't fair." 2079 02:09:34,142 --> 02:09:36,561 I don't wanna concede anything to the state." 2080 02:09:36,770 --> 02:09:40,774 He did not wanna talk about it, and he didn't call back. 2081 02:09:40,982 --> 02:09:42,776 And I was devastated. 2082 02:09:42,984 --> 02:09:46,988 VEDDER: I believed in his decision, and I didn't wanna question it. 2083 02:09:47,197 --> 02:09:52,035 I would never ask another man to compromise his ideals. 2084 02:09:52,243 --> 02:09:55,079 But it was so close to freedom. 2085 02:09:55,288 --> 02:09:57,916 It was unbearable. 2086 02:09:59,417 --> 02:10:01,419 Not hearing from him 2087 02:10:01,628 --> 02:10:06,800 and not knowing what he was thinking was unbearable. 2088 02:10:10,553 --> 02:10:13,181 Jason Baldwin is 16 years old. 2089 02:10:13,389 --> 02:10:15,225 He's been in jail for months. 2090 02:10:15,391 --> 02:10:16,976 And he's about to enter a trial 2091 02:10:17,143 --> 02:10:19,979 where prosecutors are going to ask for the death sentence. 2092 02:10:20,188 --> 02:10:22,190 He's offered two deals in secret 2093 02:10:22,398 --> 02:10:26,236 if he would testify that Echols had done the killing. 2094 02:10:27,028 --> 02:10:30,240 He tells the prosecutors, "No, that would be a lie. 2095 02:10:30,448 --> 02:10:33,201 My mother raised me better than that." 2096 02:10:33,409 --> 02:10:37,038 The 16-year-old refused, not once, but twice. 2097 02:10:37,247 --> 02:10:40,750 HOLLY: At 16 years old, it never even crossed his mind 2098 02:10:40,959 --> 02:10:45,171 to throw somebody under the bus to save his own skin. 2099 02:10:46,047 --> 02:10:48,466 So Monday night, I get this call from him. 2100 02:10:48,675 --> 02:10:51,261 He says, "Neither option is really fair." 2101 02:10:51,427 --> 02:10:54,973 I said to him, "if you wanted to do something you didn't feel right about", 2102 02:10:55,139 --> 02:10:57,767 you could have done that 18 years ago and gone free." 2103 02:10:57,934 --> 02:11:00,478 And he said, "Yeah, but the difference is, this time 2104 02:11:00,645 --> 02:11:03,231 I can set Damien free by my decision." 2105 02:11:04,274 --> 02:11:08,695 I mean, that was his best friend, you know. 2106 02:11:11,990 --> 02:11:16,077 This deal sucks, but we want their freedom. 2107 02:11:16,744 --> 02:11:18,746 All rise. 2108 02:11:19,455 --> 02:11:23,126 Good morning, ladies and gentlemen. Be seated, those of you who can. 2109 02:11:23,293 --> 02:11:25,962 We are still waiting to find out... 2110 02:11:26,170 --> 02:11:30,633 I am David Laser, Circuit Judge of Division 9, the Second Judicial District. 2111 02:11:30,842 --> 02:11:34,429 Continue today for this 11:00 hearing on the West Memphis Three. 2112 02:11:34,637 --> 02:11:36,431 Will they be set free today? 2113 02:11:36,639 --> 02:11:39,267 Answer still unknown but, of course, we will continue... 2114 02:11:39,475 --> 02:11:41,477 LASER: Mr. Echols, Mr. Baldwin, Mr. Misskelley, 2115 02:11:41,686 --> 02:11:45,648 if you would stand, please, and face the court. 2116 02:11:45,857 --> 02:11:50,028 Spend a lot of time trying to explain it. They had a private, closed-door hearing... 2117 02:11:50,236 --> 02:11:53,865 LASER: Mr. Echols, how do you wish to plead in this case? 2118 02:11:54,073 --> 02:11:56,826 Your Honor, I am innocent of these charges, 2119 02:11:57,035 --> 02:12:01,664 but I'm entering an Alford guilty plea today based on advice of my council. 2120 02:12:01,873 --> 02:12:04,751 And my understanding that it's in my best interest to do so 2121 02:12:04,918 --> 02:12:06,753 given the entire record of the case. 2122 02:12:06,961 --> 02:12:10,381 LASER: Same as relates to you, Mr. Misskelley. How do you wish to plead? 2123 02:12:10,590 --> 02:12:15,595 I am pleading guilty under North Carolina v. Alford in the Arkansas rules. 2124 02:12:15,803 --> 02:12:18,222 Although I am innocent. 2125 02:12:19,933 --> 02:12:23,519 This is... And this plea is in my best interest. 2126 02:12:24,562 --> 02:12:28,191 Everybody just be patient. We're waiting too, like everyone else. 2127 02:12:28,399 --> 02:12:30,693 Just gotta stay in place. 2128 02:12:30,902 --> 02:12:35,281 LASER: Mr. Baldwin, how do you choose to plead in this case? 2129 02:12:38,618 --> 02:12:41,621 Your Honor, first of all I am innocent of murdering. 2130 02:12:41,829 --> 02:12:44,666 Christopher Byers, Michael Moore and Steven Branch. 2131 02:12:44,874 --> 02:12:49,087 However, after serving 18 years in the penitentiary for such, 2132 02:12:49,295 --> 02:12:52,924 I agree that it's in the state's best interest, as well as my own, 2133 02:12:53,132 --> 02:12:55,969 that based upon North Carolina v. Alford 2134 02:12:56,177 --> 02:13:00,181 that I plead guilty for first-degree murder for those crimes. 2135 02:13:00,390 --> 02:13:01,599 All right. 2136 02:13:01,808 --> 02:13:05,395 The court finds that there is a factual basis for the plea, 2137 02:13:05,603 --> 02:13:11,567 that the pleas are voluntary and will be accepted and received by the court. 2138 02:13:12,986 --> 02:13:15,863 I'm aware of the controversy that's existed. 2139 02:13:16,072 --> 02:13:18,866 I'm aware of the involvement of the people in this case. 2140 02:13:19,075 --> 02:13:23,746 I don't think it'll make the pain go away to the victims' families. 2141 02:13:24,831 --> 02:13:30,253 I don't think it will take away a minute of the 18 years 2142 02:13:30,461 --> 02:13:32,964 that these three young men served 2143 02:13:33,131 --> 02:13:36,467 in the Arkansas Department of Corrections. 2144 02:13:37,635 --> 02:13:41,472 What I've just described is tragedy on all sides. 2145 02:13:41,681 --> 02:13:45,893 And I commend people in the case that have assisted towards the end 2146 02:13:46,102 --> 02:13:50,314 of seeing that justice is served to the best that we can do. 2147 02:13:50,523 --> 02:13:53,151 The tremendous judge. 2148 02:13:53,401 --> 02:13:57,739 Um... He didn't have to say the things that he did at the end. 2149 02:13:58,364 --> 02:14:04,579 Sometimes outside help is in fact a big help, 2150 02:14:04,787 --> 02:14:09,208 and for those of you who have been a participant in that regard 2151 02:14:09,417 --> 02:14:13,421 that are here, I commend you personally and publicly 2152 02:14:13,629 --> 02:14:16,382 for having done that. 2153 02:14:19,135 --> 02:14:24,015 VEDDER: It was great to see a crowd of people outside of the courthouse, 2154 02:14:24,223 --> 02:14:28,394 you know, 18 years ago were screaming for blood. 2155 02:14:30,605 --> 02:14:35,234 VEDDER: And Damien, Jessie and Jason walked outwith their hands held high 2156 02:14:35,443 --> 02:14:39,822 and the crowd is cheering and supporting them. 2157 02:15:04,514 --> 02:15:07,308 Some are happy, some are angry and some are perplexed, 2158 02:15:07,517 --> 02:15:11,312 and that's the case at the end of every trial, and this one is no different. 2159 02:15:11,521 --> 02:15:14,857 First of all, I understand that nobody in that room 2160 02:15:15,066 --> 02:15:19,445 wanted to hear from me, particularly. 2161 02:15:19,654 --> 02:15:23,116 I needed to be heard by my voters, 2162 02:15:23,324 --> 02:15:25,868 and I needed to offer some explanation. 2163 02:15:26,077 --> 02:15:27,870 I'll tell you, let me tell you this. 2164 02:15:28,079 --> 02:15:31,124 This judge was most likely going to grant a new trial. 2165 02:15:31,332 --> 02:15:34,377 As far as gathering up evidence, I hadn't gotten there yet. 2166 02:15:34,585 --> 02:15:37,797 I've not reviewed reams and reams and volumes and boxes and boxes, 2167 02:15:38,005 --> 02:15:41,217 but the evidence I've seen, I believe these guys are guilty. 2168 02:15:41,425 --> 02:15:42,844 I know they pled guilty. 2169 02:15:43,052 --> 02:15:44,887 With their entry of a plea of guilty, 2170 02:15:45,096 --> 02:15:49,976 we have removed the question 2171 02:15:50,143 --> 02:15:52,645 of them filing a civil law suit against the state 2172 02:15:52,854 --> 02:15:55,189 that could result in many millions of dollars. 2173 02:15:55,398 --> 02:15:57,984 I mean, because you have three individuals 2174 02:15:58,192 --> 02:16:02,905 times 18 years is 54, I mean, so, 60ish? 2175 02:16:03,114 --> 02:16:05,408 I have spoken with members of victims' families 2176 02:16:05,616 --> 02:16:09,537 and I can tell you that they are still suffering the loss of the little boys. 2177 02:16:09,745 --> 02:16:11,914 We put to rest a question for these families 2178 02:16:12,123 --> 02:16:14,250 of the little boys that were killed. 2179 02:16:14,458 --> 02:16:17,670 These three individuals pied guilty to the murder 2180 02:16:17,879 --> 02:16:19,964 of those three little boys that day. 2181 02:16:20,173 --> 02:16:23,009 That put that matter to rest. 2182 02:16:23,217 --> 02:16:25,469 Period. End of sentence. 2183 02:16:25,678 --> 02:16:28,764 Heh. I don't even know where to begin. 2184 02:16:28,931 --> 02:16:30,266 I guess we eat, right? 2185 02:16:30,433 --> 02:16:36,397 I was dead-set against this, like a mule. And I am not moving an inch. 2186 02:16:37,481 --> 02:16:40,067 I was just trapped up in it, just by myself. 2187 02:16:40,276 --> 02:16:43,487 You reminded me that I'm not by myself and I gotta think of everybody. 2188 02:16:43,696 --> 02:16:46,908 I have absolutely no idea what I'm doing. 2189 02:16:47,617 --> 02:16:50,620 I'm just enjoying the moment, right? 2190 02:16:51,120 --> 02:16:52,747 I think that's cheese. 2191 02:16:52,955 --> 02:16:55,124 You think it's what? There's cheese in there. 2192 02:16:55,333 --> 02:16:59,962 Yeah. Cheese. Have you had cheese? Yeah, but not in a salad. 2193 02:17:00,838 --> 02:17:04,634 All right, I'm done with the salad. Okay, let's move on. 2194 02:17:04,842 --> 02:17:10,264 And it's not just this war between one person and the state. 2195 02:17:10,473 --> 02:17:16,395 It is everybody involved, you know, and it was, like, how could I forget? 2196 02:17:19,065 --> 02:17:21,067 Mom! Ha-ha-ha! 2197 02:17:30,243 --> 02:17:32,245 I still feel like it's a dream. 2198 02:17:32,453 --> 02:17:36,040 I just talked to you Monday and you didn't tell me nothing. 2199 02:17:36,249 --> 02:17:39,669 I wanted to. Free man. 2200 02:17:41,379 --> 02:17:44,465 It's my suitcase. Check it out, pretty cool. GAIL: I like that. 2201 02:17:44,674 --> 02:17:48,678 I called him yesterday and said, "I got a little suitcase and it's all packed." 2202 02:17:48,886 --> 02:17:52,098 And he said, "I've never had a suitcase before." 2203 02:17:53,391 --> 02:17:55,017 It's these things. 2204 02:17:56,894 --> 02:18:00,898 Gosh, I love you so much. I love you too. 2205 02:18:05,361 --> 02:18:07,655 Every time I turn around, you wanna talk to me. 2206 02:18:07,863 --> 02:18:12,326 Look, every time I turn around. It's great. It's a great feeling. 2207 02:18:12,535 --> 02:18:15,037 I'm used to the guards being around me all the time. 2208 02:18:15,246 --> 02:18:17,540 Every now and then, I turn around, make sure, 2209 02:18:17,748 --> 02:18:20,334 you know, damn, is this really real? 2210 02:18:20,543 --> 02:18:23,004 Hey, man. How you doing, man? 2211 02:18:23,212 --> 02:18:27,091 JESSIE: It's a blessing, you know, to be here with my family and friends. 2212 02:18:28,050 --> 02:18:30,636 Last time I seen them, we was all kids and everything. 2213 02:18:30,845 --> 02:18:32,972 And here we are, grown up now. 2214 02:18:33,723 --> 02:18:36,267 That's really what kept me going over the years. 2215 02:18:36,475 --> 02:18:38,853 When are you gonna come to the house and say hi? 2216 02:18:39,061 --> 02:18:40,646 Prison is really hard. 2217 02:18:40,855 --> 02:18:45,776 You know, if I could stay out of prison, I could go anywhere I want to, free man. 2218 02:18:45,985 --> 02:18:48,863 All I just got to do is, you know, just stay out of trouble. 2219 02:18:49,071 --> 02:18:51,699 That's why I'm trying to do things different in my life. 2220 02:18:52,742 --> 02:18:54,910 So I know I can do it. 2221 02:18:57,330 --> 02:19:01,667 LORRI: I think we all had our mental image of what this was gonna be at the end. 2222 02:19:01,876 --> 02:19:07,131 Which was three of these guys walking out of the courtroom exonerated. 2223 02:19:08,382 --> 02:19:13,054 DAMIEN: Everything I had in the prison, I carried out in one small envelope. 2224 02:19:13,637 --> 02:19:15,973 Everything else, when they told me I was leaving, 2225 02:19:16,140 --> 02:19:18,309 they said, "Pack up whatever you wanna take." 2226 02:19:18,476 --> 02:19:21,479 I just threw it all in the garbage and left it. 2227 02:19:24,565 --> 02:19:27,401 LORRI: When he first left the courthouse, he looked at me and said: 2228 02:19:27,610 --> 02:19:32,990 "It already feels like it's been such a long time ago since I was in prison." 2229 02:19:33,199 --> 02:19:36,744 DAMIEN: Within an hour of the time we were out, it already felt that way. 2230 02:19:36,952 --> 02:19:39,997 And I think, in some ways, maybe it's a little harder for Lorri 2231 02:19:40,164 --> 02:19:45,920 than it is for me because I've never had a really solid foundation in my life. 2232 02:19:46,128 --> 02:19:50,132 When I was young, we were constantly on the move, constantly on the go. 2233 02:19:50,341 --> 02:19:54,553 We never had a place that we called home for long periods of time. 2234 02:19:54,762 --> 02:19:58,224 "Time to vamp up your wardrobe. Fall is coming." 2235 02:19:58,432 --> 02:20:00,726 Yeah, we're gonna have a early Halloween party 2236 02:20:00,935 --> 02:20:03,145 since we're gonna be gone for October. 2237 02:20:03,354 --> 02:20:05,773 We're gonna do it at the end of September. 2238 02:20:06,941 --> 02:20:10,653 Our time together now is more gentle in a way. 2239 02:20:10,861 --> 02:20:13,781 What do you think about that stuff? That fake spiderweb stuff? 2240 02:20:13,989 --> 02:20:15,032 I love it. 2241 02:20:15,241 --> 02:20:16,617 Think we should get it? Yeah. 2242 02:20:16,826 --> 02:20:19,328 DAMIEN: When you're in prison you get three hours a week, 2243 02:20:19,537 --> 02:20:21,997 so you feel very desperate and rushed. 2244 02:20:22,206 --> 02:20:25,835 Like you're trying to wring every second out of it that you can. 2245 02:20:26,669 --> 02:20:31,298 And it's like being out here and being together 24 hours a day, 2246 02:20:31,507 --> 02:20:36,470 you just feel like you're able to relax into each other a little more. 2247 02:20:37,096 --> 02:20:39,473 LORRI: There's a bit of grief. You leave people you love. 2248 02:20:39,640 --> 02:20:41,851 You don't know when you're gonna see them again. 2249 02:20:42,059 --> 02:20:44,019 If you can ever go back to that place. 2250 02:20:44,228 --> 02:20:47,523 Because we don't plan on going back to Arkansas. 2251 02:20:49,150 --> 02:20:51,569 I don't look at the political aspirations, 2252 02:20:51,777 --> 02:20:54,989 the greed, the evil, the cruelty or anything else. 2253 02:20:55,197 --> 02:20:59,034 Because for me, it's over. For me, I'm ready to move on. 2254 02:21:00,411 --> 02:21:03,706 LORRI: When you first asked me about the letters, I got them out of storage, 2255 02:21:03,914 --> 02:21:06,292 and it felt so foreign to me. 2256 02:21:07,751 --> 02:21:09,044 Thank you. You too. 2257 02:21:09,253 --> 02:21:11,464 LORRI: So then we talked about burning them all. 2258 02:21:11,630 --> 02:21:14,216 We thought the best thing to do is take all the letters. 2259 02:21:14,383 --> 02:21:17,261 Just burn them, so they never... No one will ever read them. 2260 02:21:17,470 --> 02:21:19,680 There's so many things, it's so personal. 2261 02:21:19,847 --> 02:21:22,600 I happened to pull one out that was about six months 2262 02:21:22,766 --> 02:21:26,437 into when we were writing to each other and I thought, "That's not so bad." 2263 02:21:27,813 --> 02:21:31,692 And there are elements of it that remind me of how we talk today, so... 2264 02:21:32,735 --> 02:21:35,738 "My dearest Lorri, I love the letter I got from you today," 2265 02:21:35,946 --> 02:21:37,531 the one about us changing. 2266 02:21:37,740 --> 02:21:41,285 You were right, we should be looking forward, not back. 2267 02:21:44,288 --> 02:21:46,499 You give me the strength to face anything, 2268 02:21:46,707 --> 02:21:49,502 but I also know that not everyone is like you. 2269 02:21:49,710 --> 02:21:54,548 "If they were... If they were, then everyone would be in love." 2270 02:21:55,007 --> 02:21:59,887 Right, well. "I love the way Master and Margarita ends." 2271 02:22:00,095 --> 02:22:03,057 The way they get to spend eternity together, alone. 2272 02:22:03,265 --> 02:22:06,018 "That they are granted peace." 2273 02:22:06,227 --> 02:22:09,563 DAMIEN: "And you are left to wonder what adventures they'll have next." 2274 02:22:09,730 --> 02:22:12,316 ♪ And don't you worry a' 2275 02:22:12,483 --> 02:22:14,777 ♪ I believe your story a' 2276 02:22:14,944 --> 02:22:20,824 ♪ You were put away For something you didn't do U' 2277 02:22:20,991 --> 02:22:24,870 DAMIEN: "That's the way I imagine you and I, just saying goodbye to everyone" 2278 02:22:25,079 --> 02:22:27,581 and beginning our own journey 2279 02:22:28,541 --> 02:22:32,503 "to places that neither of us have ever known before." 2280 02:23:09,123 --> 02:23:12,334 ♪ When I come to see you a' 2281 02:23:12,501 --> 02:23:15,212 ♪ What will I bring? a' 2282 02:23:15,379 --> 02:23:17,923 ♪ The wisdom of a poet r 2283 02:23:18,090 --> 02:23:20,509 ♪ The color of a dream r 2284 02:23:20,676 --> 02:23:23,512 ♪ And I leave with three roses 4' 2285 02:23:23,679 --> 02:23:26,348 ♪ Made from a magazine ♪ 2286 02:23:26,515 --> 02:23:31,895 ♪ More beautiful to me Than any flower in the spring a' 2287 02:23:32,062 --> 02:23:35,274 ♪ And the feel of summer a' 2288 02:23:35,441 --> 02:23:38,193 ♪ Turn into fall a' 2289 02:23:38,360 --> 02:23:42,323 ♪ Anything made of paper That's all S 2290 02:23:43,532 --> 02:23:45,618 ♪ That's all a' 2291 02:23:46,577 --> 02:23:50,873 ♪ That's all a' 2292 02:23:52,333 --> 02:23:55,044 ♪ In the shadows of religion 4' 2293 02:23:55,210 --> 02:23:58,130 ♪ Some think we find the truth a' 2294 02:23:58,297 --> 02:24:00,966 ♪ But innocence is stricken 4' 2295 02:24:01,133 --> 02:24:03,427 ♪ Without an ounce of proof I 2296 02:24:03,594 --> 02:24:06,722 ♪ While the wheels of injustice a' 2297 02:24:06,889 --> 02:24:09,016 ♪ Can turn mighty fast a' 2298 02:24:09,183 --> 02:24:12,436 ♪ Another blood moon of October a' 2299 02:24:12,603 --> 02:24:15,230 ♪ Will silently pass f 2300 02:24:15,397 --> 02:24:18,067 ♪ With words of love a' 2301 02:24:18,233 --> 02:24:21,195 r In a telephone call a' 2302 02:24:21,362 --> 02:24:25,783 ♪ And anything made of paper That's all S 2303 02:24:26,617 --> 02:24:28,911 What's all I 2304 02:24:29,495 --> 02:24:33,957 ♪ That's all a' 2305 02:24:34,541 --> 02:24:39,088 ♪ Anything made of paper That's all S 2306 02:25:05,447 --> 02:25:11,245 ♪ In the inside world Where bitterness grows a' 2307 02:25:11,412 --> 02:25:16,917 ♪ Your heart has found the passion To see what's in your soul a' 2308 02:25:17,084 --> 02:25:22,673 ♪ And late at night On an angel's wing f 2309 02:25:22,840 --> 02:25:28,846 ♪ You hold on till tomorrow To see what it brings I 2310 02:25:29,012 --> 02:25:34,351 ♪ Any news No matter how small a' 2311 02:25:34,518 --> 02:25:39,064 ♪ And anything made of paper That's all S 2312 02:25:39,815 --> 02:25:42,067 ♪ That's all a' 2313 02:25:42,609 --> 02:25:47,114 ♪ That's all a' 2314 02:25:47,698 --> 02:25:52,119 ♪ Anything made of paper That's all S 2315 02:26:13,182 --> 02:26:18,937 ♪ In the inside world Where bitterness grows a' 2316 02:26:19,104 --> 02:26:24,610 ♪ Your heart has found the passion To see what's in your soul a' 2317 02:26:24,777 --> 02:26:30,407 ♪ And late at night On an angel's wing f 2318 02:26:30,574 --> 02:26:36,538 ♪ You hold on till tomorrow To see what it brings I 2319 02:26:36,705 --> 02:26:42,211 ♪ Any news No matter how small a' 2320 02:26:42,377 --> 02:26:46,465 ♪ And anything made of paper That's all S 2321 02:26:47,674 --> 02:26:49,927 ♪ That's all a' 2322 02:26:50,677 --> 02:26:52,805 ♪ That's all N'214398

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