American Scandal - West Memphis Three | No Kind of Justice | 4

Episode Date: December 16, 2025

Damien Echols, Jason Baldwin, and Jessie Misskelley challenge their convictions for the murder of three 8-year-old boys. They battle the Arkansas legal system for almost 20 years in the hopes of securing a new trial.Be the first to know about Wondery’s newest podcasts, curated recommendations, and more! Sign up now at https://wondery.fm/wonderynewsletterListen to American Scandal on the Wondery App or wherever you get your podcasts. Experience all episodes ad-free and be the first to binge the newest season. Unlock exclusive early access by joining Wondery+ in the Wondery App, Apple Podcasts or Spotify. Start your free trial today by visiting wondery.com/links/american-scandal/ now.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Want to get more from American Scandal? Subscribe to Wondry Plus for early access to new episodes, add free listening, and exclusive content you can't find anywhere else. Join Wondery Plus in the Wondry app or on Apple Podcasts. American Scandal uses dramatizations that are based on true events. Some elements, including dialogue, might be invented, but everything is based on historical research. This episode contains descriptions of murder and violence against children.

Listener discretion is advised. It's 1997 in Paragold, Arkansas. 34-year-old attorney Dan Stidham sits in his office surrounded by stacks of paperwork. It's been three years since the teenager's Jesse Miss Kelly Damien Eccles and Jason Baldwin were convicted of murdering three eight-year-old boys in West Memphis, Arkansas. Stidon represented Ms. Kelly at trial and has continued working for him unpaid ever since. It's not been easy. Last year, Stidham and other lawyers representing Eccles and Baldwin took the cases to the Arkansas Supreme Court,

but judges there backed the original verdict. Still, Stidham remains convinced. All three young men are innocent, and he's determined to prove it. A criminal profiler named Brent Turvey has recently volunteered to examine the forensic evidence against the so-called West Memphis 3, and now he's come to Stidham's office to present his findings. Turvey pulls a manila envelope from his briefcase

and spreads out a series of graphic photos on the desk. Stidim stands up. He's seen the images before, but they're still shocking. He looks at Turvey. Yeah, these tell a story, don't they? but I don't think they tell the state's story. One of the cornerstones of the prosecution's argument was that these were satanic ritualistic homicides committed by a cult.

You see anything here that would be indicative of that? No, most certainly not. To my eyes, there's no obvious ritual element here at all. In fact, it strikes me as something more reactionary, crime, done in anger. Huh, what makes you say that? Well, the violence is very unfocused, over the top even. Two of the victims, Christopher Byers and Stevie Branch,

had many more injuries than Michael Moore. And this suggests to me that there was a punitive aspect to the crime. Punitive? Is that an alternative theory? Well, I wouldn't go that far, but I think it's more plausible that the victims were killed by someone they trust. If a group of strangers abducted these boys, they would have been reported missing almost immediately. Well, is there anything in the photos that you think might have been missed in the original autopsy? Turby nods and fishes out a couple of close-up pictures of the victims. Yeah, I found these marks all over the book.

bodies. There's one especially clear injury on the forehead here. You can tell by the dome-shaped pattern. That's a bite mark. A bite mark? Yeah. And the good thing about bite marks is that they're about just the best forensic evidence we could hope for. Not only can we match a bite mark to a specific person just like a fingerprint, but we can know for sure the person responsible committed an act of violence. And what do you think this says about the culprit? Well, if you showed this to an ER doctor, they would immediately suspect the parents of child abuse. Those are typically the cases in which you see injuries like this. So what are the next steps to confirm your findings? Well, the best thing you do is find a specialist, a forensic odontologist. They could tell for sure

whether these are bite marks or not. Then from there, you can take an impression of your client's teeth. And if that impression doesn't match the bite marks, well, then in my mind, you've got hard evidence that someone else is the killer. This is the breakthrough Dan Stidham has been waiting for, something that might convince a judge to take a second look at his client case. So as soon as his meeting with Brent Turby is over, Stidham calls Jesse Miss Kelly in prison to deliver the good news. His fight for freedom might finally be coming to an end. Hey Ontario, come on down to BetMGM Casino and see what our newest exclusive the Price's Right Fortune Pick has to offer. Don't miss out. Play exciting casino games based on the

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soundtrack on repeat. Well, when your ears start to bleed, I have the perfect thing to keep you from rolling out of that moving vehicle. Something for the whole family. He's filled with laughs. He's filled with rage. The OG Green Grump, give it up for me, James Austin Johnson as The Grinch. And like any insufferable influencer these days, I'm bringing my crew of lesser talented friends along for the ride with A-list guests like Gromk, Mark Hamill, and the Jonas brothers, whoever they are. There's a little bit of something. For everyone, listen to Tis the Grinch holiday podcast wherever you get your podcasts. From Wondery, I'm Lindsay Graham, and this is American Scandal.

By 1997, the West Memphis 3 had been imprisoned for three years. Jesse Ms. Kelly and Jason Baldwin were at the beginning of life sentences while the accused ringleader Damien Eccles was awaiting execution on death row. Many observers were already critical at the way the police had handled the case. They believed that three teenagers had been railroaded by investigators and that the real killer was still on the loose. But after the decision of the Arkansas Supreme Court to reject their appeals, the young men were running out of options.

What they needed was new evidence, and that's why the findings of profiler Brent Turvey were so important. A forensic odontologists examined the crime scene photographs and compared them to dental impressions taken from the West Memphis 3. None were a match. That gave Damien Eccles lawyers an opening. They filed what's called a Rule 37 petition, which allowed the original trial judge to re-examine the conviction and potentially grant a new hearing,

modify Eccles sentence, or even release him altogether. The ruling would only apply to Eccles, but from inside their prison cells, Baldwin and Ms. Kelly were watching carefully. A positive result for Eccles would lay the groundwork for their release as well. This is Episode 4. No Kind of Justice. It's May 1998, before Damien Eccles, Rule 37 hearing begins. On the steps outside the courthouse in Marion, Arkansas, a few members of an online support group for the West Memphis 3 speak to reporters. But as one of them answers a question, she's interrupted by the familiar figure of John Mark Byers, the stepfather

of one of the murder victims, 8-year-old Christopher Byers. He's never stopped believing the West Memphis 3 are guilty, and in front of the reporters and their cameras, he accuses the support group of peddling propaganda and defending child murderers. One of the support group members tries to explain the importance of the bite marks on the victims, but when Byers dismisses this new evidence, the conversation takes a turn. Members of the support group imply Byers may have been involved in the murders himself, and angrily, Byers reminds them that he was exonerated by the original police investigation, and despite all the vicious gossip about him since, there's still absolutely no proof linking him to the crime.

The support group member fires back, urging him to prove it. She says if he's so confident about his innocence, he should submit his own dental impressions to see if they match the bites. That's when Byers drops a bombshell. He pops a set of dentures out of his mouth and holds them up to the crowd. He doesn't have any teeth, so there's no match to take. But when the support group members ask exactly how long he's had those dentures, Byers dodges the question.

Instead, he promises to take a polygraph test to prove his innocence once and for all. Then he walks away, muttering to himself that the dead. demonstrators are wasting their time. But while Damian Eccles' Rule 37 hearing continues behind closed doors, the questions about John Mark Byers don't go away. His criminal record has only made people more suspicious. Back in 1987, Byers was arrested for making violent threats against his ex-wife. Then, shortly before the murder of his steps on in 1993, he was accused of stealing $11,000 worth of Rolex watches. His behavior following the convictions didn't help him stay under the radar either. After moving out of West Memphis with his family, Byers was arrested again,

this time for stealing $20,000 worth of antiques. Then, in 1996, Bayer's wife Melissa died suddenly under mysterious circumstances. Biers was never arrested or charged in connection with Melissa's death, but all of it means that he's never been far from the headlines in Arkansas, and now there's growing pressure on him to submit his dental records so they can be compared with the bite marks on the victims in the West Memphis three case. But despite loudly proclaiming his innocence, he refuses to hand over those records. At one point, he claims he had the dentures at the time of the murders, but later on, he changes that story, saying he actually had his teeth pulled in 1997.

He had a periodontal disease caused by a prescription medication. It then turns out that periodontal disease is not a known side effect of the drugs he was taking, so Byers changes his story yet again, this time blaming a series of other unspecified dental problems. In the eyes of many who follow the case, this is strange behavior, and some think Byers should now be considered the prime suspect in the murders of the three little boys. So there's some relief and some satisfaction among supporters of the West Memphis 3 when Byers is arrested by the police in the spring of 1999, only it's not murder he's charged with. On April 19th of that year, a routine traffic stop in Arkansas is interrupted

when the police officer's personal cell phone starts ringing. He doesn't recognize the number, so he answers cautiously. A male voice at the other end of the line asks if he wants to buy some more stuff. At first, the trooper thinks it's a joke, one of his buddies at the station playing a prank. But he decides to play along. He asks a few more questions, and the caller eventually claims he has marijuana available for a good price. The officer stands on the side of the highway, scratching his head. Half of him still believes he's being pranked, still he figures it should probably be checked out.

So the officer tells the caller he's busy on a date and asks if he can send a friend to buy the drugs instead. The man agrees and even provides exact directions to his house. Hanging up, the trooper calls an undercover narcotics agent he knows who travels to the address, and it's him who finds John Mark Byers standing outside. Byers doesn't yet realize that he accidentally called a cop, and after a brief negotiation, he sells the undercover agent some Xanax. Byers is then arrested on the spot. The news that their biggest detractor is in legal trouble once again

might provide some grim satisfaction to the West Memphis 3, but by the spring of 1999, they have bigger issues to worry about. Damien Eccles' Rule 37 hearing in Marion has now dragged on for almost a year. Judge David Burnett has to fit the case around his other court commitments, and that means he has heard just eight days of evidence spread out over ten months. Now, though, the hearings are finally coming to an end. Sitting in court, Eccles looks very different from the young man who appeared at the original trial. Now 24 years old, his hair is still jet black, but is cropped short,

and Eccles no longer carries the rebellious air of a frustrated teenager. Instead, he wears glasses and listens carefully to the proceedings from the defense table with his hands folded neatly in front of him. beside him as a new legal team led by Houston attorney Edward Mallet. At the original trial, Eccles was represented by a public defender, but in the years that followed, he became unhappy with how his case was being handled. He was acutely aware that he was on death row and didn't think his lawyers were doing enough to save him from execution.

So he found a new defense team. It was helped by his new girlfriend, Lori Davis. In early 1996, she'd seen the HBO documentary about the West Memphis case at a film festival in New York and felt moved to write Eccles a letter. By then, Eccles was receiving hundreds of letters every month, but there was something about Davis's that stood out. So he wrote back, she replied, and before long the two had begun a relationship. In August 1997, Davis abandoned her life as a landscape architect in New York and moved to Arkansas, where she began spearheading the efforts to secure Eccles' release. So now Lori is in court, too, to offer her support as the Rule 37 hearing takes

yet another turn. The defense has by now presented its evidence on the bite marks, and in a dramatic moment, a forensic dentist showed the court dental molds, he said, did not match any of the West Memphis 3. This sparked great excitement among Echell supporters. It seemed like this new evidence exonerated him, but now the prosecution counters with evidence from an expert of their own. The original prosecuting attorney Brent Davis has returned for the Rule 37 hearings, and he calls Dr. Harry H. Mincer to the stand. Dr. Minster, how long have you practiced in the field of forensic odontology? I've been a dentist since 1955, and I've practiced forensic odontology since 1966.

All right. And when were you first contacted regarding this case? In August of 1998, I was called by Dr. Dugan, and he said he was going to send me some material and asked me to look at it. This is Dr. Kevin Dugan, the forensic odontologist for the Arkansas State Medical Examiner's Office. Is that correct? Yes, that's correct. On the 26th of August of last year, I received three five-by-seven color photographs from Dr. Dugan, as well as a letter asking me to determine if I thought any of the wounds on this young boy were human bite marks.

Okay. Was there any information supplied with those photographs as to indicate how your opinion should come down? No. In fact, I don't know who the photographs represented until later. Okay. Now, Dr. Mincer, after you received those photographs, what did you do in order to try to make a determination if there were or were not bite marks presented there? Well, I examined all the injuries and wounds, and at one point I made a one-to-one life-size reproduction of them on a computer. And was there any particular wound in these photographs that you honed in on, or were you just looking at the photographs generally?

The most obvious wound that appeared at first glance to potentially be a bite mark was a heart-shaped mark over the left eyebrow on the forehead. And could you determine, in your opinion, based on a reasonable degree of medical certainty, that that was, in fact, a bite mark? After examining all three photographs and all the wounds, I came to the conclusion with reasonable certainty that it was not a human bite mark. A hamlet surprise ripples through the courtroom. At the defense table, Damien Eccles sits a little straighter, and with a satisfied look, the prosecutor goes on. Could you explain to the court why, in your opinion, the injury to the forehead is not consistent with a bite mark? Well, I mean, you find curve lines and wounds, but to say it's a bite mark, you have to see individual teeth. I couldn't tell in that thin line as to where one tooth ends and another begins.

Normally, you have two front teeth, which are about the same width, and the next two teeth next to them, which are also equal in width to each other. I didn't see anything that makes me think I have two teeth of the same size here. Okay, doctor, and do you believe, based on your opinion and your expertise, that there's any basis for using that injury as a comparison with dental impressions to exclude or include any individuals? Well, if it's not a bite mark, then there's no point. point. Damien Eccles' lawyer, Edward Mallet, tries his best to recover momentum, but it's no good.

The forensic evidence that was supposed to prove his client's innocence has been called into question. The experts are split. Some say the wound is a bite mark, but some say it isn't. On its own, it's clearly not going to be enough evidence to convince Judge Burnett to revisit Echle's conviction. But the hearing isn't over yet, and Edward Mallet still has one more roll of the dice. In 1993, three eight-year-old boys were brutally murdered in West Memphis, Arkansas. As the small-town local police struggled to solve the crime, rumors soon spread that the killings were the work of a satanic cult. Suspicion landed on three local teenagers,

but there was no real evidence linking them to the murders. Still, that would not protect them. Hi, I'm Lindsay Graham, the host of Wondry Show American Scandal. We bring to life some of the biggest controversies in U.S. history, presidential lies, environmental disasters, corporate fraud. In our latest series, three teenage boys are falsely accused of a vicious triple homicide. But their story doesn't end with their trials or convictions. Instead, their plight will capture the imagination of the entire country

and spark a campaign for justice that will last for almost two decades. Follow American Scandal on the Wondria, or wherever you get your podcasts. You can binge all episodes of American Scandal, the West Memphis 3, early and ad-free right now on Wondry Plus. In just a few years, Ozympic has gone from a diabetes drug to a global phenomenon. But behind the miracle claims, another battle is raging. Demand is exploding. Supply can't keep up.

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Make sure to follow Business Wars on the Wondery app or wherever you get your podcasts. You can binge all episodes of Business Wars early and ad-free right now on Wondry Plus. On June 4th, 1999, defense attorney Edward Mallet submits his written arguments to the court in Damien Eccles' Rule 37 petition. After the bite-mark evidence turned out to be a disappointment, Mallet leaves it out of his submission altogether. Instead, he argues that Eccles' conviction should be overturned because of incompetence of counsel, that he was denied his constitutional right to a fair trial by the action of the actions. of his own lawyers. Back in 1994, there was no public campaign helping to fund Eccles' defense,

and he had to rely entirely on state-appointed defenders, and those lawyers didn't seem to believe that any additional money would be approved by the court to hire expert witnesses. So looking for a source of cash, the defense fund turned to the HBO filmmakers who were producing a documentary about the murders. Eccles agreed to participate in the film in exchange for $7,500, but instead of spending all that money on expert witnesses, his lawyers allegedly took a portion of the cash to pay themselves without Eccles' consent. Mallet also claims that the original lawyers failed to disclose several potential conflicts of interest. Prior to the trial, one of the attorneys had defended John Mark Byers on robbery charges,

and another had previously represented one of the witnesses against Jason Baldwin, a 16-year-old named Michael Carson. Mallet argues these associations fundamentally undermine Eccles' ability to secure a fair trial. In response, the prosecution fires back sharply. They accuse Mallet of character assassination and argue that Eccles' original attorney isn't the one on trial. The judge David Burnett agrees. On June 17, 1999, he issues his ruling, saying Eccles has failed to demonstrate incompetence of counsel. He then states that the disputed bite mark doesn't count as new evidence as the autopsy images were available to the defense at the original trial,

so the Rule 37 petition is denied. It's a devastating setback for Damian Eccles. Mallet immediately appeals the decision to the Arkansas Supreme Court and begins to form a new argument, claiming Eccles was mentally incompetent and should never have been put on trial in the first place. But if that doesn't work, then Eccles would be almost entirely out of legal options

and there will be little left standing between him in execution. So while Eccles waits on death row, his alleged accomplices continue with appeals of their own. In the seven years since Jesse Miss Kelly, and Jason Bald when we're convicted, forensic technology has advanced considerably, and it's now possible to test smaller samples and get better results.

With that in mind, it's hope that the courts can be persuaded to re-examine material collected during the original investigation and that new DNA evidence will exonerate the West Memphis 3. Their legal teams are helped by a growing number of supporters. Experts volunteer their services for free. A sequel to the original HBO documentary keeps the story in the media spotlight, and even more than a decade after the murders, new information is still coming to light.

In 2004, Vicki Hutchison decides to go public with her doubts about the case. Hutchison went undercover to gather evidence against Damien Eccles and later testified against Jesse Ms. Kelly at his trial. But soon afterward, she contacted Eccles' defense team to say she was having second thoughts about what she'd done. Back then, she claimed she was pressured by the police into giving evidence, but she'd stopped short of admitting to anything illegal. Her statements hinted at possible police misconduct, but nothing she said then helped the West Memphis 3. Now, though, Hutchison meets with journalist Tim Hackler of the Arkansas Times to confess to a secret that she's been holding on to for the past 10 years. She takes a seat opposite Hackler, her eyes wet with tears.

I'm just so glad someone's hearing me out. Well, I think it's important our readers hear your story, yeah. Now, 10 years ago, you were a key witness for the prosecution against. against Jesse Miss Kelly. What exactly did you say on the stand? I said Jesse and Damien Eccles invited me to a cult meeting in the woods after their murders. What kind of meaning? To tell you the truth, I don't remember everything. I said they were having an orgy, I guess you'd call it. I told the jury that they called themselves Spider and Lucifer, that they painted their faces black and oh, God knows what else. Well, Jesse's lawyers say your testimony served as the only direct evidence that he was actually

a member of a satanic cult. And it was all lies. Look, I was raised in a Pentecostal home, sir. I knew to do right, but instead, I sinned right there in front of my whole community. And ever since, that young man's been in prison and it's just been eating me up inside. So why'd you do it? Hutchison sobs and hackler passes her in tissue. Well, I was scared. The police coached me on what to say.

There was this juvenile officer, a man named Jerry Driver. He said he was some sort of expert in the occult. It was his idea for me to talk about that meeting in the woods. And the cop said, if I didn't testify, then they would call CPS, take away my son. He was only eight. They even said they would find a way to turn the case against me. You're saying they threatened to implicate you in the murders, unless you lied on the stand? Yeah, yeah, that's right.

Well, from what I understand, statements from your son were also used as part of the investigation. How does he feel about all this now? Well, you can ask him. He'll tell you the police tricked him, too. I mean, he was just a boy, and they played him like a fiddle. But why do you think the authorities went to such lengths to get your testimony? I don't have any idea, but from the beginning, they were absolutely convinced those boys were guilty. When I went in to talk to cops one time, I even saw them throwing darts at their pictures.

They were using photos of the West Memphis 3 as dartboards? Yeah, they thought he was funny. Now, we talked to the West Memphis PD about some of these claims, and they totally deny what you're saying. In fact, the assistant police chief says you're trying to get your 15 minutes of fame. What do you say to that? 15 minutes of fame, I'm more humiliated and ashamed than I've ever been in my life. I help put an innocent young man, a boy, in prison. I've always hoped he would get out on some kind of appeal, but he's been in there 10 years now.

I can't live with myself anymore. So I have to be honest. I wasn't before, but I am now. Vicki Hutchison's interview is one of the biggest stories the Arkansas Times publishes all year. Critics of the original police investigation into the murders have long claimed the allegations of Satanism were unfounded, but Hutchison is the first to publicly admit that she fabricated her testimony. In response, the West Memphis police deny everything. They paint Hutchison as a perennial liar who's only looking for attention. Still, her allegations add to the

drumbeat of revelations and new questions that dogged this case. No matter how many years pass and how many appeals fail, it seems the West Memphis three just won't be forgotten. And eventually, all the campaigning and public pressure pay off. An Arkansas court orders exhaustive new DNA tests. Hare collected at the crime scene in 1993 is compared to samples taken from Ms. Kelly, Baldwin, and Eccles. The initial results are released in the summer of 2007, and they reveal that none of the West Memphis 3 are a match for the samples tested,

but someone else is. The DNA from the crime scene is consistent with the stepfather of one of the victims, and it isn't John Mark Byers. A hair found in the shoelaces used to bind the murdered boys matches Stevie Branch's stepdad, Terry Hobbs. Another hair found on a tree root nearby belongs to his friend, David Jacoby. Back in 1993, Jacobi told the police that he was with Hobbs at the time the victims disappeared. In other words, he served as Terry's alibi, but now the pair of them are suspects. The DNA results don't prove Hobbs or Jacoby are guilty.

Both men knew the boys and played with them regularly. So it's quite possible the hares found their way to the crime scene some other way. But the results are enough to make the local community in West Memphis view Terry Hobbs in a whole new light. And all of a sudden, even Stevie's mother, Pam, is starting to have doubts. On July 20, 2007, Pam Hobbs meets with a reporter at the local ABC station to talk about the new DNA evidence. glancing around at the lights and cameras, she's clearly nervous. Over the past 14 years, Pam hasn't spoken publicly about her son's murder very often, but she's decided she can't keep quiet anymore.

Once the interview starts, the reporter asks right away whether she believes her ex-husband Terry could have had something to do with the murders. Pam stifles a sob and then replies, honestly, in my heart? Possibly. She says that after the boys were found dead, her first thought was that her husband might have had something to do with it. She remembers him acting strangely in the days that followed the murders. She kept those suspicions to herself, though. She couldn't bring herself to accuse him right after losing her son.

And when Jessie, Miss Kelly, confessed to the crime and implicated Jason Baldwin and Damien Eccles, she believed the case was solved. But over the years, her doubts have gnawed away at her. Now she says almost nothing is that enough. But there is one thing she's sure about. There aren't many people left, even among the victim's families, who still blame the West Memphis three. I'm Indravama, and in the latest season of The Spy Who,

we open the file on Oleg Gordievsky, the spy who outran the KGB. A rising star in the heart of Soviet power, Gordievsky is secretly feeding MI6 the Kremlin's deadliest secrets. For 11 years, he walked a razor's edge, exposing KGB threats that hastily. the Cold War's end and helped prevent nuclear annihilation. But the KGB have a mole of their own. When they discover the truth, Gordievsky's world collapses. MI6 hatch a desperate, high-stakes plan to smuggle him out of Moscow,

an escape that could rewrite history. Follow the Spy Who on the Wondery app or wherever you listen to podcasts. Or you can binge the full season of the Spy Who outran the KGB early and ad-free with Wondry Plus. It's 2007, 14 years since the murder of Michael Moore, Stevie Branch, and Christopher Byers, and West Memphis is a vastly different place. The town is in decline, its population has shrunk. almost 20 percent, and the neighborhoods that the three young boys once called home have fallen

into disrepair. Windows are boarded up, lawns are overgrown, and backyard pools are covered in algae. No one worries much about satanic cults or devil worship anymore, but people still whisper about the murders, the media who swarmed in afterward and the teenagers who took the fall. The new DNA evidence has caused even the most stubborn residents to question their beliefs about the case, and it isn't just Pam Hobbs. Even John Mark Byers has changed his mind about the West Memphis 3. After his drug bust in 1999, he spent a few months in prison before being released. And now, after hearing the latest revelations, he regrets his earlier criticism of Damien Eccles, Jason Baldwin, and Jesse Miss Kelly. As he puts it, there was a bandwagon against the three,

and he acknowledges he was one of its leaders. Sir Byers writes an apologetic letter to Eccles, who still sits on death row. Eccles responds with an apology of his own. For over a decade, he says he's hated buyers and blamed him for the murder, but he's mature enough to admit now that there's no solid evidence linking him to the crimes either. This newfound cooperation between the West Memphis 3 and the families of the victims bolsters everyone's hopes of finally getting a new trial. But it's the courts alone that can make the decision.

The judge from 1994, David Burnett, has already turned down appeal after appeal, and now he stands in the way again. Despite the new DNA evidence and the statements from Pam Hobbs, he once again rejects calls for a retrial. Still no one's giving up yet, and in 2008, the attorney Dan Stidham heads back to court in Arkansas

on behalf of Jesse Ms. Kelly. Stidham represented Ms. Kelly at his original trial, but now he testifies that he wasn't competent to defend him. He was barely 30 when he took on the case and he had never handled anything as high-profile or complex. He wants to make things right and begs Judge Burnett to give Ms. Kelly another chance. No matter how much time has passed, it is never too late for justice to be done. But Judge Burnett denies this request, too.

He believes the new DNA evidence is inconclusive and would have little bearing on any new proceedings, and he again rejects the idea that the West Memphis 3 were poorly defended. It's another hard blow for Ms. Kelly, Baldwin, and Eccles, but they still have one last chance. Their lawyers have appealed Judge Burnett's decision to deny them a new trial, and in late September 2010, the case is heard by the Arkansas Supreme Court. It's not the first time lawyers for the West Memphis 3 have appeared before this court, and in the past, their petitions have always been thrown out. But this time, the justices listen.

Disagreeing with Judge Burnett, they decree that the case does merit re-examination, and they order a lower court to consider the DNA evidence and decide if a new trial should be arranged. This ruling forces the authorities to change their attitude, almost immediately. Prosecutors meet with Eccles, Ms. Kelly, and Baldwin to negotiate a deal. Discussions between the different lawyers take weeks, but finally, there's an agreement that all parties can assent to. There won't be a full new trial. Instead, Ms. Kelly, Baldwin, and Eccles will appear in court to enter what's known as an Alford plea.

They will officially plead guilty to the murders while being allowed to proclaim their innocence at the same time. It's an unusual legal compromise, partly designed to protect the state from lawsuits. Under the terms of the agreement, the West Memphis 3 were not technically wrongfully convicted, but their convictions are expunged from their records, and they are set to be released from prison immediately. So on August 19, 2011, 17 years after being convicted of crimes they did not commit, the West Memphis 3 returned to court one last time. Now 36 years old and married to Lori Davis, Damien Eccles enters the familiar courthouse in Jonesboro, Arkansas. He's greeted there by Jesse Muske.

Kelly and Jason Baldwin. It's been a long time since they were all together. They were boys then. Now they were grown men. After a short appearance in front of a judge to confirm their pleas and be sentenced to time served, the West Memphis three gather with their families and legal teams for a press conference. Reporters crowd the room, cameras flashing as Eccles, Miss Kelly and Baldwin, now free men, take their seats at a long wooden table. One reporter asked them if they think justice has now been done. Eccles is the first to end. answer. Well, it's not perfect. It's not perfect by any means, but at least it brings closure. We can still bring up new evidence and continue to try and clear our names. The difference now is

that we can do it from the outside. Beckles knows that farther along the table, Jason Baldwin, is more conflicted about the Alfred plea. And when the journalist turned to him, there's no mistaking the anger in his voice. I don't think this was justice. No. From the beginning, we told nothing but the truth, that we were innocent. And they sent us to prison for the rest of our life for it. And then we had to come here. And the only thing the state would do for us is say, hey, we'll let you go only if you admit guilt. Peckles, nods. He understands the anger. Look, we know they didn't want another trial. They knew they wouldn't be able to get away with a lot of the stuff they got away with the first time, right? Basically, they came in with

ghost stories, rumors, innuendo, things that really had nothing to do with the case whatsoever. And they knew now that the whole world was watching, they wouldn't be able to do the same thing. They'd have to come in with some sort of concrete physical evidence, and they didn't have any, and they knew that. Baldwin clenches his fists, but they're still not out there trying to find out who really murdered those boys, are they? And that's no kind of justice, no matter how you look at it. I didn't want to take the deal from the get-go. However, they're trying to kill Damien, and sometimes you have to bite the bullet to save someone else. Moved, heckles, hunches forward in his chair. Yeah, I want to publicly thank Jason. It wasn't a difficult

decision for me. I'm tired. This has been going on for over 18 years, and it's been an absolute living hell. But I do acknowledge what he did, that he did want to keep fighting. He didn't want to take this deal in the beginning. And I recognize that he did it almost entirely for me. Eccles then turns and looks directly at Baldwin, so I want to say thank you. Baldwin gets up and pulls Eccles into a tight hug as the crowd around them clap. Sitting back down, Baldwin embraces the smiling Jessie Miss Kelly as well. And a reporter calls out another question about what they will do with their lives now. Eccles thinks for a moment.

Well, I'm still very much in shock, to be honest. Still really overwhelmed. You have to take into consideration that I spent almost the past decade in absolute solitary confinement. So I'm not used to being around anyone, much less this many people. Up the table, Baldwin smiles, his eyes brimming with emotion. Well, I've got my family and friends helping me and taking care of me. I just want to live my life as best I can and enjoy every moment of it. Much has changed since the trials of the West Memphis 3.

Today, there's far more awareness of the phenomenon of false confessions, and it's clear that the interrogation tactics used by some police can lead innocent people to admit to crimes they never committed. That is a small glimmer of light in an otherwise tragic story. None of the detectives who have been accused of mishandling the investigation have faced any consequences for their mistakes. In fact, some have been rewarded with promotions. One of the original prosecutors, John Fogelman, became a judge. David Burnett, the man who presided over the trial and many of the appeals, was elected to

the Arkansas State Senate. And because of the Alford pleas, the state likely won't face any lawsuits for imprisoning three innocent men for 17 years. The horror of Jesse Ms. Kelly, Damien Eccles, and Jason Baldwin's undeserved prison sentences is now at an end. But justice remains elusive in the case. Christopher Byers, Michael Moore, and Stevie Branch were just eight years old when their lives were taken in the most brutal fashion. More than three decades on, the identity of their killer remains a mystery. In April 2004, the Arkansas Supreme Court ordered a further round of DNA testing. New forensic techniques now offer hope of finally revealing who was responsible for the crime. But even if the truth is established, some wounds will never heal. The

case of the West Memphis 3 will forever be a reminder of the power and cost of fear and prejudice. From Wondery, this is episode 4 of our series on the West Memphis 3 for American scandal. In our next episode, I speak with David Moran, a law professor and co-founder of the Michigan Innocence Clinic. We discuss wrongful convictions, faulty evidence, and false confessions, and tried to understand whether the justice system has gotten any better at preventing cases like the West Memphis 3. If you're enjoying American scandal, you can unlock exclusive seasons on Wondry Plus. Binge new seasons first and listen completely ad-free when you join Wondry Plus in the Wondry

app, Apple Podcasts, or Spotify. And before you go, tell us about yourself by filling out a survey at Wondry.com slash survey. If you'd like to learn more about the West Memphis 3, we recommend the book Devils Not, the true story of the West Memphis 3 by Mara. and the three-part HBO documentary, Paradise Lost. This episode contains reenactments and dramatized details, and while in most cases we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited and executive produced by me, Lindsay Graham for Airship,

audio editing by Mohamed Shazim, sound design by Gabriel Gould, music by Thrum. This episode is written and researched by Terrell Wells, fact-checking by Alyssa Jung Perry, Managing producer Emily Burke. Development by Stephanie Jens. Senior producer Andy Beckerman. Executive producers are William Simpson for airship and Jenny Lauer Beckman and Marshall Louis for Wondery.