We take a look at the West Memphis 3’s efforts to DNA test evidence, explain why the trial court got it right, and give our thoughts on next steps. Check if out here if you are on Apple, or anywhere you get your podcasts. Below are the relevant documents.
Filings:
This case, man. It’s heartbreaking at every turn. Question: What if some else besides Damien asked for the DNA to be tested? Such as Pam Hobbs or another parent of the boys. Or…by accepting the Alford Plea, does that mean the case is legally closed? If so, then can’t the parents (family) ask for the evidence and have it tested independently? Wouldn’t legally exonerate Damien, Jason or Jesse but the world would know the truth.
LikeLike
I don’t know that the family has standing. The statute is focused on the accused.
LikeLike
But if DNA is ON personal item evidence like shoe laces that technically belonged to the boys, could the family get those items back? Maybe even the ropes. Just grasping at straws…I don’t have a legal background. Thanks breaking down the legal side of this case. I hope answers come soon!
LikeLike
I guess they could say since the case is closed after the guilty plea, they want the personal effects back. That’s interesting.
LikeLike
Well, it tells the state that. The court doesn’t care.
LikeLike
Basically it tells the court, “either you test it and it’s in your control or we do it on our own.”
LikeLike