Morbid - The West Memphis Three part 3

Episode Date: March 16, 2020

We are in the home stretch with one of the most frustrating and horrifying cases we can remember. In this part of our 4 part series, we cover the trials of Jessie Misskelley and Jason Baldwin and Dami...en Echols. There are recanted witness testimonies galore, straight up lying under oath, full moon evidence and one hell of a "hunch". Come on in and join us for a tale of miscarriage of justice that will keep you up at night. Sources: https://innocenceproject.org/west-memphis-three-go-free/ HBO Paradise Lost 1 The Child Murders at Robin Hood Hills HBO Paradise Lost 2 Revelations HBO Paradise Lost 3 Purgatory Devil's Knot by Mara Leveritt Life After Death by Damien Echols Dark Spell: Surviving the Sentence by Mara Leveritt Almost Home by Damien Echols Thanks to our sponsors! SimpliSafe Go to SimpliSafe.com/MORBID today and you’ll get FREE shipping and a 60-day risk free trial. You’ve got nothing to lose! Embark Right now, Embark has an exclusive offer you can’t get anywhere else! Go to Embark.com now! and use Promo code MORBID to save 15% off your Dog DNA Test Kit. Care/of For 50% off your first Care/of order, go to TakeCareOf.com and enter code morbid50 Cowritten by Alaina Urquhart, Ash Kelley & Dave White (Since 10/2022)Produced & Edited by Mikie Sirois (Since 2023)Research by Dave White (Since 10/2022), Alaina Urquhart & Ash KelleyListener Correspondence & Collaboration by Debra LallyListener Tale Video Edited by Aidan McElman (Since 6/2025) Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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Starting point is 00:00:00 Hey, weirdos, I'm Elena. And I'm Ash. And this is morbid. Give us more morbid. Do it. This is a full-length, big old morbid. Huge. It's pretty big.
Starting point is 00:00:35 So this is going to be part three of our West Memphis three series. And guess what? Not the final part. Yeah, I was just going to, it's, it's not the end, guys. It's going to be a four-parter. I just can't make it three. I feel like I will be cheating you all of details and intrigue and, you know, little tidbits if I tried to shove it all into three. And I feel like there's so much, this is going to focus on the trial today in part three.
Starting point is 00:01:05 And I feel like there's so much in the trial that I just can't skip through it. I also feel like I'm going to be sobbing by the end of this episode. It's pretty hard. But I think in four, we're going to go more into like, you know, their prison terms. the Alfred plea that got them out of jail or out of prison and also in between like all the people who rallied for them like all everybody who got together to get them out of jail. So I want to like really concentrate on that and then talk about other evidence that came to light afterwards. So I feel like that deserves its own episode. So we're getting another episode after this.
Starting point is 00:01:42 So that will be the conclusion. So I hope you guys are digging this because it's not ending. Well, before we get to part three of the West Memphis three case, we do need to fill you in on our live shows because we just have to. And because they are not canceled yet. Guys, fingers fucking crossed. We haven't heard anything yet. Nope. So everybody just, you know, hold on tight.
Starting point is 00:02:05 Cross to your fingers all together. Punch COVID-19 in the face and tell it you want to come to our live shows. And after you cross your fingers, wash your fucking hands. Yeah, everybody keep washing those hands. Yeah. Wash your damn hands. don't go out. Social distance. Okay. Just give it a couple weeks. I have a feeling most of our listeners are like us and they probably are already practicing social distance. I think you are like us.
Starting point is 00:02:26 I practice social distance on a regular basis. But keep doing that and you know, a couple weeks, guys, we're going to flatten this curve. We're going to get past it. It's going to be great. Everybody's just got to hunker down. Hunker down. Watch a movie. Wash your hands. So April 14th, we're going to be at the Punchline Comedy Club in Philadelphia. Philly Liberty Bell. April 15th, we're going to be at the D.C. Improv in Washington, D.C. and now Elena's going to go monuments. So many monuments. Then the April 23rd will be at the Death Becomes Us Festival. It's going to be so fun. It's going to happen. I know it. Guys, I want to come to the Death Becomes Us Festival. I want it so bad. Get your tickets for it. It's going to be awesome.
Starting point is 00:03:07 And that's at the Grammar City, New York City, New York. So fun. May 6th, stand up live, Huntsville, Alabama. Alabama. You're in May, so it's looking good. Yeah, looking good. It's looking good, May. May 7th, we have two shows at Zanies, one's early, one's late. Let's get it. I think Nashville, I think we're going to see you.
Starting point is 00:03:29 I really do. I feel it. I want to see all of you. It's making me so sad that there's possibilities of cancellations. I know, and I'm trying to put it into the universe that it's not going to be. We're good. June 2nd, Good Nights Comedy Club in Raleigh, North Carolina. Raleigh, we're totally going to see you.
Starting point is 00:03:44 I just feel it my bones. If they cancel a show on the show on the show. fucking week of my birth. Let me tell you, coronavirus. We're going to have more problems than we already do. COVID-19 is shaken in its cells. Yeah. June 3rd, the comedy zone in Charlotte, North Carolina. Shalit, we're coming for you. June 11th, I believe there's still some tickets lying around for this. So get your tickets. That is our show, Atalia Hall in Chicago. Oh, come on, Shytown. It's going to be awesome. And here's my guilt trip. We added this show because a lot of you said, that you didn't get tickets in time.
Starting point is 00:04:19 So we added this show and we'd like to sell it out. So scoop up the last remaining tickets. Go scoop those up. Sold out shows. Go scoop them up. Please. The next day we're going to be at Telly Hall again, June 12th, Chicago. Sold out.
Starting point is 00:04:31 We're going to see you. July 8th, Comedy Works South in Greenwood Village, Colorado. Colorado is so beautiful. I'm so excited. Have you ever been to Colorado? I have not. You're going to think it's gorgeous. I think I've been to the airport, but I haven't been to the airport.
Starting point is 00:04:44 The airport is spooky as fuck. We could literally cover that in an episode. probably could. And then July 11th, we're just going to stay home. Like I said, maybe we'll head to the Wilbur. And speaking of that, go buy tickets to the Wilbur guys. If I know you and you don't have tickets yet, honey, I don't know why you're not on the website. There's tickets available for the Wilbur. We want to pack that place with all kinds of amazing, beautiful faces. We're going to make that show extravagant. We are in the comic stylings of Emily Walsh are at that show. So get your But into it.
Starting point is 00:05:17 Go buy tickets. There's a ladybug in this room. I feel like that is good ju-ju. So go buy tickets to the Wilbur, everybody. I'm telling you, it's going to be awesome. Okay. Without further ado, let's get into the case-d-case. Let's do this.
Starting point is 00:05:33 Make me cry. All right. So now we left off Damien Eccles, Jason Baldwin, and Jesse Muskelly were arrested and charged with three counts of capital murder for the brutal deaths. of Christopher Byers, Michael Moore, and Stephen Branch, three eight-year-old little boy scouts just hanging out on their bikes. They were just going to Robin Hood Hills. The worst part about this whole case, and I'm just going to keep on saying it, is that
Starting point is 00:06:01 these little boys, I fear that they will never get justice, and it really bums me out. Yeah. It really bums me out. So at this point, they have arrested the three boys based on Jesse's... confession, quote, unquote. If you can even call it that. Which, if you don't know what I'm talking about, go back to part two and go listen to that because wowsers. Bananas.
Starting point is 00:06:24 So at this point, the police are still talking to Aaron Hutchinson. Aaron Hutchinson is Vicki Hutchinson's eight-year-old son. Right. Vicki Hutchinson is the one that made up that story about the Espot. Lied under oath. She was working with Jerry Driver. She hasn't lied under oath yet. Oh.
Starting point is 00:06:43 But she's going to. She's going to lie. Spoiler alert. I think we said that last episode. But she's been working with Jerry Driver and the police, and she was the one who came out later and said, the police and Jerry Driver made me do that. They made me make up this story. I mean, she did it. She did it.
Starting point is 00:07:00 She was probably scared. But also not cool. Not cool at all. But yeah. So they kind of did. She said they threatened her saying they were going to have her child taken away. So it's awful. It all sucks.
Starting point is 00:07:11 But her child, Aaron Hutchinson, eight years. years old, the same age as the victims, was friends with the victims. Yeah. The police are still pressing him for information. I'm like, he's eight. What does he have to contribute here? He's eight years old. Like, eight years old, and they are at eight year olds, like, ready?
Starting point is 00:07:30 Look at the eight-year-old in your life if you have one. Now, does that eight-year-old understand the ramifications of a capital murder trial? No. Probably not. Mm-mm. So if a police officers are sitting there telling him, we need information, only you can give us information, Aaron, you can be a hero. You can tell us what this is. Of course, any your old little boy is going to want to please the police. Right. And once he sees the police are
Starting point is 00:07:54 giving him positive reactions to him telling them things, he's going to keep going. He starts coming up with things. And he doesn't understand that this is the worst thing that he can possibly do. Like, he doesn't get it. Right. So by the way, Aaron later in life, Vicky, his mother, said that he was fucked up from this. Oh no. And she said the one thing she regret I mean she regrets a lot about this whole thing obviously, but she said the biggest thing she regrets is the psychological damage
Starting point is 00:08:23 that Aaron like the toll it took on him. Yeah, I mean of course he's fucking eight years old. He really was. And so he said he finally told the police. He told the police many different tales. Very very intricate
Starting point is 00:08:37 eight year old imagination tales. He then told the police You know what? I've seen Jason, Damien, and Jesse in the woods, like, doing a spot things. Oh, like. Have you? At eight years old, he's even telling them, like, I saw these men in the woods with them and they were doing Satan things. They were singing Satan songs. What does a Satan song sound like? You know Satan songs? No. No. I don't. Can't say I do. You know those Satan songs that are just like, hey. Well, they play backwards. Oh, sorry. That's what it is. That's what they were doing. They were playing rock music backwards. Metallica backwards. Exactly. Pink Floyd backwards while watching The Wizard of Oz in the woods.
Starting point is 00:09:24 There you go. It was really intense. It actually sounds like a party. Well, he was saying he saw this and then he goes, you know what? I actually saw Jason, Damien, and Jesse murder Christopher Byers, Michael Moore, and Stephen Branch. Did you? And you're not more fucked up from that? He totally did. Okay. So he said, when I saw them, they were wearing black shirts with dragons on them. Oh. Because we all know that the most vital part of a ritualistic killing in the woods in the name of Satan is matching team T's. Duh.
Starting point is 00:09:56 You can't get that shit done without getting your graphic T's all matching. So tomorrow we're going to murder. Make sure you're wearing the shirt. No ritualistic murder without team T's. Okay. Just saying. Uniform is important. Check.
Starting point is 00:10:11 So the police were like, cool, cool, cool. This is real evidence. Keep going. We're going to use this, Aaron, and they were like 100%. And they did. They took this as like real. This is real. They were like, if you talked to, if you heard anything from them, they were like, well, this little boy saw it.
Starting point is 00:10:30 And it's like, are you fucking kidding me right now? He definitely didn't. So they ended up not using Aaron at the last second because his stories kept changing. Because he's eight and lying. Weird. And weirder still, they kept becoming more and more just crazy and improbable. Weird. I wonder why. Seriously. He said at one point that he, eight-year-old Aaron, had personally dismembered Christopher Byers. Oh, he said that. And he said a black man held a gun to his head and made him do it. Okay, this little boy definitely sounds like he might have been experiencing.
Starting point is 00:11:12 Oh, some things were going, I don't, I mean, I'm not here to, like, say anything was happening to him, but, like, something was happening to him at that point, for sure. I mean, like, for him, psychologically, there was some shit going on up. And eight-year-old doesn't just come up with that. So that was fucked up. So they were, so after that, I think the police were like, yeah, I don't think we can use him. Also, we'd like to provide use of counseling.
Starting point is 00:11:35 Like, perhaps. So remember, speaking of that, that whole thing, remember when. I said, and I think it was the last episode, that people spread a rumor that Christopher Byers' testicles were found in Damien's room in a glass jar. Oh. And that John Mark Byers, Christopher Byers' stepfather, actually stated it as fact after hearing it. Literally stated it as fact. And you want to know how I know this?
Starting point is 00:12:03 Because in the documentary, he literally says it to the camera and he says it in disbelief, like, they found my son's testicles in a glass jar in Damien's room. And it had his fingerprints all over it. And they're like, he's like, how is he not behind bars? And it's like, oh, my God. Because they didn't find that. This man truly believes that they found, like, that's what I'm talking about with these rumors, especially about Damien.
Starting point is 00:12:32 Right. When it came to Damien, whatever rumors were out there, boom, true. It was nobody. questioned it. Always true. I mean, when the father of one of the victims is sitting there saying this rumor, this fantastical rumor as fact. Right. Like, are you honestly sitting there, John Mark Byers, and thinking that your, like, poor son's, like, body parts are in this kid's room. And he's just not arrested yet. And that they're just, it's not entered into evidence. They're like, we still don't have enough evidence. Like, what? No. That would, that's enough to land you somewhere. And that's what the, that's what the, that's.
Starting point is 00:13:08 That's how crazy and hysteria. This is the hysteria that came with this. Is everybody believe that stuff? So, June 7, 1993, the three got public defenders. Because obviously, they were not to be able to pay for lawyers. So Jason got Paul Ford and Robin Wadley. Damien got Val Price and Scott Davidson. And Jesse got Dan Stidham and Greg Crow.
Starting point is 00:13:44 Dan Stidham is a fucking trend. He makes me want to cry. Like that guy stuck with Jesse until the very end. The whole entire way. Until the very end. And he went through like tireless efforts to. And what's crazy is Dan Stidham originally went into this thinking Jesse was guilty. Oh, wow.
Starting point is 00:14:05 He went into it thinking, okay, I have a guilty client here. My only job is to get him a plea deal. Is to get him out of, you know, just to make sure we get this less sentence as we can. That's what he was going in here thinking. then after seeing everything and speaking to Jesse, he was like, no. Oh, wait a second. And he was like, this is not right. And all of a sudden he was like, there's more to this.
Starting point is 00:14:27 I'm going to need to do a lot more work. I can't just go for a plea deal. I need to make sure people know he's innocent. And he doesn't land himself in jail. Now, one of the things that was really showing him that this was not how it seemed was he said, every time he asked Jesse, he asked him several times, please tell me the story again. And Jesse would tell him the story. and it was totally different from the story before that.
Starting point is 00:14:49 Right. He couldn't repeat the same confession twice. Because it didn't happen. If you're lying, it's hard to repeat the same thing twice. If it actually happened, it's easy. Right. It's a narrative. It's a memory.
Starting point is 00:15:01 Exactly. Now, Damien read Jesse's confession himself. When he was, after he was arraigned, once he found out that Jesse had confessed. He was probably like, what the fuck? He was given this stack of papers and he was told to read it. So he read through it. And he said he read the whole thing and he was like, what the fuck? But he says in his book, quote, I've been asked many times if I'm angry with Jesse for accusing me.
Starting point is 00:15:26 The answer is no, because it's not Jesse's fault. It's the fault of the weak and lazy, quote, civil servants who abuse the authority placed in their hands by people who trust them. Yep. So that shows how even at that time, he said he wasn't even mad at the time. He was more confused and frustrated. Right. And he was like, but everyone knew. this wasn't real.
Starting point is 00:15:48 Anyone who looked at that confession was like, what? It just doesn't make any sense. No. And we had discussed at length in the last episode how Jesse was not mentally fit to be interrogated in the way that he was and that his statements were conflicting, flat out wrong, and very much led by the police. The amount of times that they stopped and put on and then stopped and then put on the recorder. I think it was something like eight different times.
Starting point is 00:16:17 get him to the correct time. And it was what, like it even occurred? It was an eight hour. Yeah, he was interrogated for like 11 hours. And had they only had so much. They only had like 34 minutes. Right. And all the tape.
Starting point is 00:16:29 That's ridiculous. It was ridiculous. And no one heard how he was prepped beforehand, what they discussed beforehand. Because they kept stopping that tape. Well, and it gets crazy. So, and remember, they pretended that they didn't know that he was mentally challenged. Right. And meanwhile, in the middle of the confession, when they speak about,
Starting point is 00:16:47 like Chris Byers' genital mutilation, they ask him several times, do you know what a penis is? Which it's like, why would you ask that? Like, you definitely know. If you would never ask someone that you thought had an IQ of like a highly functioning person, that you would never ask,
Starting point is 00:17:06 do you know what a penis is to a 17-year-old boy? Right. Unless you knew that he was slightly, you know, mentally challenged. Exactly. Well, let's add on to this. something really shitty. You told me that this was going to make me sad. Yeah. So he, Jesse didn't know in 1994. He did not know who Bill Clinton was. Oh. Now, Bill Clinton had been
Starting point is 00:17:30 governor of Arkansas. Right. And was a huge deal because he was president of the United States at the time. And it was a huge deal. He didn't know who Bill Clinton was. Well, it was just a huge deal in Arkansas that the governor of Arkansas had become the president of the United States. It was a big deal. Everybody knew who Bill Clinton was. Jesse didn't. Okay.
Starting point is 00:17:55 This isn't like, this isn't like factor into the case. It's just, it shows that he wasn't a fond of mine. He's 17 years old, and he did not know who the president of the United States was when the president of the United States was the governor of his state. Right.
Starting point is 00:18:08 Like, that should show you where he's sitting. Also, know what a lawyer did. Oh. He thought lawyers were police officers. Oh, my God. Or, like, detectives.
Starting point is 00:18:19 He didn't understand. Also, and this one really gets you. Oh, God. So Dan Stidem said he was, or Dan Stidham, excuse me, said he was visiting Jesse in prison. Because he obviously, when you're someone's lawyer, you're going to visit them all the time to go over things. Right. And suddenly, one time when he was visiting him, Jesse said, can you tell me who satin is?
Starting point is 00:18:41 Oh. And he was like, what? Like, he was like what satin is? And he was like... He meant Satan. And he was like, satin is like a fabric. Like, what are you talking about? And Jesse showed him a pamphlet given to him by some preacher,
Starting point is 00:18:55 and it warned against the dangers of Satan. Right. Jesse didn't know who Satan was, and he was being touted as a devil-worshipping criminal mastermind. Right. He didn't know what Satan was. Oh, my God. Like, I think he had probably heard the word.
Starting point is 00:19:12 But he couldn't even read it or connect it with anything. So clearly he's not a devil worshipper. Who's satin? Oh. Like, hello everybody. Right. So the characters we are going to mention in this that I just want to say up front just so because there's a lot of names in here.
Starting point is 00:19:32 Dan Stidham, Jesse's lawyer. John Fulgerman is one of the lawyers for the prosecution. Judge David Burnett, who is a flaming asshole. Terry Hobbs, we're not going to mention him really in this part. We'll mention him in the next part. He's the stepfather of Stephen Branch. And then there's Chief Inspector Gary Gitchell. And there's going to be a couple more along the way, but I'll tell you who they are.
Starting point is 00:19:57 So August 4th, 1994, was the pretrial hearing. This is when they all pled not guilty. Judge David Burnett, who was the dick of the century. Perfect. And was the one who was on this case, which we'll get into two in part four. till the end, like held up every appeal, everything. He oversaw, he made sure that no new evidence later in this in this whole case. He made sure no new evidence that would ever exonerate them was led into the trial.
Starting point is 00:20:27 Which is the most, like, how is that? That's not legal. No, it shouldn't be. He also believed that psychologists had no business being part of trials. Oh. He did not believe in psychologists. But wait until you do find out what he believes in. And he went into this completely convinced from the jump.
Starting point is 00:20:45 They were all devil-worshipping heathens who needed to be behind bars. Like he went into this being like, they're guilty. Let's do this. Okay. I don't know if this is true or not, but as a judge, you're supposed to be impartial, correct? Yes, absolutely. You're definitely not supposed to be. I was like, maybe someone's going to yell at me, but I'm pretty sure from what I've heard they're supposed to be impartial.
Starting point is 00:21:02 It's definitely ideal that you go in without any preconceived biases. They won't even let the jury be. But, yeah. But this guy, I mean, he didn't come out and... No, but obviously he could tell. Like, it's not like he walked out and sat down and put on his robe and was like, well, fuck these devil worship and dickheads. He was just like...
Starting point is 00:21:17 And he might as well of. But he might as well of. And I'm sure the jury probably was the same way. Oh, yeah. And that's the thing. It's like, so this judge, this is when Judge Burnett at this point during the after like the pretrial hearing. Yeah.
Starting point is 00:21:31 He severed Jesse's trial from Jason and Damien's. Okay. So Jesse was going to have his own trial. and Jason and Damien were going to have a trial together. So, but he wasn't, so when that happened, they were like, okay, well, let's separate Damien and Jason, too. He would not allow this. So that meant that anything people said about Damian, which was a lot, as we know, that was going to be said during Jason's trial too. So he wasn't going to be given a fair trial because he was going to be lumped in with all of this.
Starting point is 00:22:04 And I don't believe that any, like, 99% of the things they say about Damien, I don't believe it's true. I think it's all just him, like, portraying a spooky kid. And being different. Which, let me be clear, Damien leaned into the spooky goth, everyone's scared of me thing. Right. A little too much. Yeah. But he was 17 years old.
Starting point is 00:22:25 He was a rebel. And he was thinking, I didn't do this. They can't pin it on me if I didn't do it. So I'm just going to have fun with this, whatever. I don't give a shit. He was a little app. asshole at the time, like, for sure. Yeah. And I'm sure at this point, Damien Eccles would probably like, yeah, I didn't give a shit. But that doesn't make him a murderer. Like, that just makes
Starting point is 00:22:43 him a cocky little shit. And it's like, but, you know, like, I think even he would agree that he probably said some things. And actually, in interviews later, he was like, there was some things and I'm like, what the fuck? Why did I say that? Well, yeah, but you're 17 years old. I said crazy shit at 17 years old. And he went through his whole life as the weird poor kid. Right. And he, and he, created this defense mechanism where he saw I could keep, I could social distance people by just being spooky and scaring the shit out of people. And whatever they would say, I would just say, yep, I did it because it's easier than trying to defend myself or trying to convince people I'm not this person. And it's just like, yeah, cool, you're that stupid. Totally. You just go with it. You
Starting point is 00:23:26 start going with all the rumors because it's just easier. You're like, fuck it. So, so again, this meant that anything that was said in the trial about Damien was automatically going to be pinned on Jason too and that's not fair. Now remember, Jason and Damien are 17 years old. They both did not believe that this was really going to end with them going to jail. Right. Because they said, in fact, Jason, and I had a clip, I'll have to see if I can find it, there is a clip of him where he, where he says, like, I believe in God. Like, I believe in God. And his whole thing, when he said it later that this whole thing really shook his faith of course because he said this entire time the reason i was kind of we were just kind of like whatever about it he said i believed that god would not
Starting point is 00:24:15 allow something like this a miscarriage of justice like this like my god the god that we all that they all believed in right he was like everyone in that that courtroom was yelling about satan and all that and saying they're god we all believed in the same god and he's like i believed that my god would not allow me to be put behind bars or something I didn't do. And so then when it happened, he was like, whoa. And that's why they were so cavalier because I think they both were just like, whatever. But Jason in particular was like very vocal about like I believe in God. Yeah.
Starting point is 00:24:47 Which is crazy since they were portraying him as this like devil worship. Exactly. It was the like exact opposite. So Damien was held in Monroe County Jail. He was later transferred, but he did not have a good time in there. Damien had a real rough time of prison all the way through. It's so awful to hear about. Yeah, especially when you know it's, you know, what most people believe is an innocent man.
Starting point is 00:25:13 Right. Being basically tortured. So we mentioned in last episode that his girlfriend, Dominique Tier, was pregnant. Which is so sad. That poor girl. Yeah. So on September 9th, Damien's son was born. And he was obviously not allowed to be at the birth.
Starting point is 00:25:29 Right. He did not hold his son until during his mom. murder trial. Jesus Christ. Which is just like, whoa. Now, a couple of months after all of their arrests on November 17th, so at this point, they didn't have a murder weapon, they didn't really have anything. Yeah.
Starting point is 00:25:44 For that bullshit confession. Well, on November 17th, John Folgerman, uh, he's, you know, he's a very wise and all-knowing wizard of a man. Is this the judge? No, this is John Folgerman is the prosecutor. Got it. He suddenly was like, you know what? I have a hunch.
Starting point is 00:26:06 I have a hunch about something. This hunch was that there was probably something awesome and murder related in the small lake behind where Jason and his mother lived. Just a hunch. Okay. You know how you get those hunches every once in a while. Yeah. So because hunches are very often legit, the police called all the media to this lake on this hunch. Uh-huh.
Starting point is 00:26:29 Weird, right? Yes. That's putting a lot on. that hunch that it's going to pay off for you. And these media that they allocated many resources into hiring a diving team during all of this.
Starting point is 00:26:42 Okay. They all came to the lake, all the media, all watching. And now the diver dives into the lake because there's a hunch. Something's in there. Right. The diver's in the lake for less than 30 minutes, a murky, deep lake
Starting point is 00:26:58 and with no direction of where something could be at all, Wow, he suddenly comes up less than 30 minutes later. And he's like, huh, look at this giant combat knife I found in this murky lake that I had no idea where to look for it. What luck. He's so lucky. I mean, that doesn't happen every day. He's so lucky. What a hunch, John Fogleman. Good for you. That was really good. That's so fucked up. Well, turns out the knife was Jason's old knife.
Starting point is 00:27:29 But the reason Fulgerman knew it was in the... the lake. It wasn't just a hunch, everybody. He put it there? He knew. Was because Jason's mom had mentioned he had a knife a long time ago, but she threw it in the lake a year before. And she threw it in the lake because he was like being a dick. And she was like, I'm getting rid of your lake, your knife. Right. I'm getting rid of your lake, Jason. I'm dry and duck. Stick of your shit. So something went down. Like he got in trouble and she was like, I'm getting rid of your knife. So she threw it in the lake a year earlier. Okay. A year early.
Starting point is 00:28:03 Right, right, right. So, like, what? And she had mentioned it to John Fogel. Like, it would have been mentioned it casually. Right. Like, he once had a knife, but, like, I threw it away a year ago. It's gone. Oh, I wish she hadn't said that.
Starting point is 00:28:14 They threw it in the lake, but she never, I know. I thought that anything was going to come out of because she knew that her fucking son didn't do it. Exactly. And this was a large combat knife and it had a serrated edge. Now, the M.E. at the time, Frank Peretti, who was kind of a mess. Oh. Like, Frank Peretti is kind of a conundit. because like in ways he is a mess in another ways he's not a mess so it's like he's just difficult
Starting point is 00:28:38 now the emmy had initially said that a lot of the wounds on the boys were likely caused by a serrated knife okay so of course perfect immediately went right this this this beautiful hunch that john fulgerman had just paid off yeah so and there's also like a photo of like the diver holding the knife it just became a whole thing okay so january 26th 94, Jesse went on trial. Oh, good. This is Jesse's trial alone. John Fogleman, that wise wizard, was the prosecutor, and he only had the confession, really, with Jesse. That was it. That was the centerpiece of the whole thing.
Starting point is 00:29:19 Dan Stidham, Jesse's lawyer, tried to have the confession thrown out. Because it's insane. Exactly. So Detective Brian Ridge took the stand to explain the confession. Now, Brian Ridge was in one of the detectives during the confession. He went on the stand and he explained that the before the tape recorded, because he was like, what went on before the tape recorded? Right. We don't have any record of that. He said, oh, before we started recording that, Jesse told us of satanic orgies, how they ate dogs and sacrificed animals. I mean, all the poor kid doesn't even know who Satan is. Yes. No, he has no idea who satin is. And they asked him why they showed, because remember, they showed Jesse a photo of one of the dead children.
Starting point is 00:30:07 Right. And they said, and so Dan Stenham was like, why did you do that? And they said it was to invoke a response because Jesse would just shut down during questioning. Or he would just say the same thing over and over. And we needed him to say something different. Oh. So you needed him to say that he did it is what you're saying. So he was telling you his story and you didn't like it.
Starting point is 00:30:31 Exactly. So he decided to show him a dead kid to get him upset so that he would say, please stop. And you would say, I'll stop showing you dead kids when you tell me what I want to hear. Right. So that's what happened. That's really sad, man. And he's basically saying this on the fucking stand. And everybody's like, yeah, yeah, that's totally fine.
Starting point is 00:30:50 That's legit. Yeah, it's fine. And it's like, I just want to say to all these people, like, especially the jury, I want to be like, so you would feel like that was okay if it was you in that room and that's what they did? You would feel like that was totally legal. and totally legit. You'd be fine. Yeah, 100%. Now, Dan Stidim went over the confession with Gary Gitchell in court, and he pointed out all the
Starting point is 00:31:10 inaccuracies. And Gitchell said about these inaccuracies. He said he told a good bit of the truth, even though he got the details completely wrong in some spots. Oh, okay. And then when Dan Stidham was like, well, here's all the times when he literally got giant details wrong or said several different things about one thing. And Gary Gitchell said, quote, Jesse simply got confused. Oh, okay. Got confused about the murder that he committed, quote, unquote.
Starting point is 00:31:42 No big deal. Now, Dr. William E. Wilkins was a psychologist for the defense, and he has one of the best voices ever, by the way. He said the fact that the crime scene was so clean was due to the fact that someone with, quote, great cunning and intelligence tried to get rid of every bit of evidence and they did. Uh-huh. Does someone with a great bit of cunning and intelligence sound like Jesse Muskelly? No. No. Now this, uh, this psychologist did not testify. He was not permitted to
Starting point is 00:32:16 testify. Which is dumb. This was just him while he talked to the defense lawyers. He was like, yeah, by my like assertion of this is somebody with a lot of cunning and intelligence, plan this out, went through everything to make sure all the evidence was gone. This does not sound. like a 17 year old kid who doesn't sound like any 17 year old kid exactly um so he suggested he actually suggested
Starting point is 00:32:41 he was like maybe you should have the jury like here how lust killers leave crime scenes right because this was like not at all what that was uh huh um so Warren D Holmes was the defense's expert on police interrogation techniques and he was allowed to testify
Starting point is 00:32:57 okay he said on the stand that the types of people who normally falsely confess have low self-confidence, Jesse, low IQ, Jesse, want to solve the immediate issue the most. So they're literally looking at just what is in front of them. So that he can go home with his dad. Exactly. So just get the, they just want to get the police away from them.
Starting point is 00:33:21 So they'll say whatever they need to. They are easily led. And they naively assume that they can just straighten it all out later. And that's what it is. And Jesse said it. later he's like I just thought I needed to get them to stop talking to me and to let me leave and I just figured like we'll figure it out later I'll just tell them I was lying later oh my god like that's what they believe and so he pointed out that the leading in the confession and the fact that jesse was not
Starting point is 00:33:49 allowed to narrate it clearly shows that they are telling him this is what I want you to say now say and he's going okay it's he's they're not saying jesse tell me what happened right and just letting him talk. They're like, okay, so you went into the woods. Now, you tell me what you saw when you saw Damien and Jason Stanley. Like, it's all them leading him into it. And he's doing it because he just wants to please them, one, and two, he just wants to get the fuck out of there. And he wants to go back to his dad, which is so sad. It's so sad. And Warren D. Holmes, the defense expert on police interrogation that said all this, he also said the ligature mix up where he didn't know that there were shoelaces.
Starting point is 00:34:33 He kept saying rope. And then he kept saying brown rope when it was white and black shoelaces. Right. He said that to him is the most indicative of a false confession. Right. He was like, you don't even know. There's no way he would have got that wrong. There's just no way.
Starting point is 00:34:48 Right. And it's like, and he got that wrong several times. Right. He could not get that detail right. And that's not just a tiny detail. Like was it, you know, cold or warm out that day? Right. It's like, no.
Starting point is 00:35:00 This is a big deal. You would have known what the ligature was. So one thing that really bothers me in the trial where like, because again, this was like one of the first trials that was cameras were allowed in the courtroom. So one of the parts, Gitchell is on the stand and Fulgerman asks if there was any other suspect that they spoke to who knew about the genital mutilation and the mutilation to Steve Branch's face. Right. When he asks this, when he says the face. He touches the right side of his face to demonstrate. Like he's like, did they know about the genital mutilation?
Starting point is 00:35:37 And did they know about the mutilation to the face? And he puts his hand on his face. Okay. Gitchell says, no, no one else knew. And he says, quote, in fact, you, Mr. Fogleman, touch the wrong side of your face when you said that. It's the left side that was mutilated. And the courtroom, including Fogleman, just laugh. That's not funny.
Starting point is 00:35:57 Like, they're all part of this. You're talking about, like, the mutilated. of an eight-year-old. It, like, gave me gross. Because it's just, like, it looked like it was, like, this thing that they had already planned almost. Like, it looked like this planned a little thing between them where it was like, in fact, Mr. Fogelman, you touched the wrong side.
Starting point is 00:36:15 And Fulgerman is like, ah, ha, ha, and just touches the other side of it. And the whole core room's like, ah-ha. Like, that's not funny. And it's like, what, guys? Are you fucking kidding? You're talking about an eight-year-old. I know, that's just, like, a small thing, but, like, that one thing that I watched, I was, like, gross.
Starting point is 00:36:30 Right. And it just looked like planned. Planned. It looked very planned out. Like this planned little like, oh, let's have this little like do do do between each other. So another defense expert on police interrogation was Dr. Richard Offshe. Now, this guy, Judge Burnett did not want testifying and almost didn't allow it at all. So after a lengthy back and forth with Dan Stidem, trying to explain. So Dan Stidem was just trying, or Stidem. I always say it wrong.
Starting point is 00:37:03 Stidem, I think it is. Oh, okay. Dan Stidem. So Dan Stidem was trying to explain what he was going to testify to, what this expert was going to be testifying to. He was basically saying that he was going to have him testify whether or not he felt that the confession was coerced, which is what his expertise was on. Right.
Starting point is 00:37:25 Burnett said, quote, I'm going to, I'm not going to let, or excuse me, I'm going to let him testify, but I'm not about to let him testify that in his opinion, Ms. Skelly is innocent. Don't even try to ask him whether or not he has an opinion, whether the confession was true or false, because I'm ruling he cannot do that. And I'm not going to allow him to testify in his opinion. I'm not allowing him to testify in his opinion that these officers illegally exacted or coerced a confession from him either.
Starting point is 00:37:57 I'm not going to allow him to testify to that. So what's he going to testify to? Isn't that the whole fucking point of a trial? Sure is. So he was eventually allowed to testify after Stidim. I mean, this back and forth, and I got, like, the back and forth is laid out in Mara Leveritz. The Devil's Not, which everybody needs to read. That shit is so in depth.
Starting point is 00:38:19 Right. And it has like the transcripts and everything. The back and forth that resulted between Stidham and the judge and Fogleman about this one fucking witness. and what Dan Stidham was allowed to ask. What could the guy even say? Like, at that point, it's like, what's the point of having him on the stand? Well, Nancywick, it's like every single time that Stidham would ask a question, Fogelman would throw a shit fit and say he can't ask that.
Starting point is 00:38:48 And then the judge would be like, yep, you can't ask that. And he was like, well, what the fuck am I supposed to ask this dude? Right. Like, why are we even doing it? Why are we even having a fucking trial? Literally at one point, Dan Stidim asked the judge, can I write down a question I want to ask him and give it to you and you can tell me if I can ask him? Wow.
Starting point is 00:39:05 So that like, Folgelman can stop jumping on my ass and like this can all stop. Because he would send the jury out and then they'd talk about it, then bring them back in. And then he'd ask the question. They'd be like, nope, you can't do that. And they'd send the jury back out. Like, it was a circus. Right. Exactly.
Starting point is 00:39:20 So he finally allowed him to testify. And this doctor said that the best example of leading craziness in this confession is the eight revisitings of the time the crime actually happened. Yeah. Because it's like noon. And he says it happened at noon. And then, you know, one of the detectives says, oh, okay, so it happened after school. And that's not noon.
Starting point is 00:39:43 So that's not after school. So they were like, they are suggesting to him, I think it happened after school, Jesse. And Jesse's like, yep, it happened after school. So every time they suggest something, he just goes, yep, that's how it is. He never ever goes against something they suggest in that confession. And then they follow up with the night you were in the woods. After he just said noon, then after school, and then it turns into the night you were in the woods. And right after they say that, Jesse goes with it.
Starting point is 00:40:15 He goes, yep, that night when I was in the woods, blah, blah, blah. Right, because he just goes right with it. I'll say that because then they'll leave me alone. And this expert says he never used nighttime before that. It was only when they suggested it. And it happened every time. So they said this is just a prime example of getting him to accept this narrative from their suggestion. They keep doing it.
Starting point is 00:40:38 This is prime example of a coerce confession. I don't see how anybody could not see that. Now, one reason that this expert was stopped from testifying, like in the middle of his testimony. Yeah. Because he was stopped many times. He was stopped because Stidham literally asked him, quote, doctor, is it possible for police interrogation tactics to produce a false confession? He literally asked him, is it possible, not even in this case?
Starting point is 00:41:06 Like, did this happen? For any police interrogation tactics in any setting. And they wouldn't let him ask that. To have a false confession be the result. He's just asking that generally. Not even for the case, just is that a possibility that that can happen? And they wouldn't let him answer. Somewhere.
Starting point is 00:41:24 Sometime. Well, the doctor starts to answer. And he says, you know what? He offers up an empirical study, a scientific study in Stanford Law Review about false confessions, where they looked at 350 cases where someone was found guilty and was actually innocent. So he starts to say this. He's like, oh, well, actually in the Stanford Law Review, bap-da-p-p-p-da-p, the judge immediately stops him and says, nope, that's not allowed. Why? So Fogelman like shits his pants at this question.
Starting point is 00:41:56 Like Fulgerman is like, Rha, they can't ask that. Like freaks out. And Burnett said, quote, I'm interpreting this as an attempt to use coercive techniques on the jury to suggest to them that this is a false confession and that there is danger in they're considering the confession and that it suggests to them that they have to be very careful
Starting point is 00:42:18 not to make a 350 error whatever the percentage was. What? Exactly. So what he's saying is, I think that you're trying to convince the jury by asking if a false confession ever happens in the history of police interrogations, you're trying to convince the jury that this is false. Right. And then you're scaring them by using that scary empirical study from the Stanford Law Review. And they're going to think that they're making the same error that those other 350 cases made. exactly what they're about to do.
Starting point is 00:42:57 That they need to be very careful not to make a 350 error whatever the percentage was. Like, are you educated, sir? You're killing it, bro. Cool, cool, cool, cool. So this is when that, and that's when Dan Stidem is like, can I write down a fucking question and hand it to you and can you tell me? He must have wanted to like bang his head against the wall. That poor fucking man.
Starting point is 00:43:18 He did all he could do, man. He really did. I don't understand how this happened. It is mind-boggling. this all happened. He was truly banging his head up against a wall. And I hope they all get stung by a bee in the butt every day. Every day. Every person.
Starting point is 00:43:34 So that it never heals and it's just always sore what they sit. No, all over their butt. All over their butt. So real quick, I am about, this is like a little bit of a trigger warning because, I mean, if you're this far in, this whole episode has been a trigger. But just in case. I'm about to talk about rape and I'm about to be slightly graphic.
Starting point is 00:43:54 Skip forward if you don't want to hear it. It'll be pretty quick. I just need to prove a little point. Now, the part that really bothers me about this confession is the rapes that Jesse continuously said happened. During the confession, Jesse said the boys were violently raped several times. I mean, he says many times, you know, Damien started screwing them. Jason started screwing them. They asked where, you know, what rapes, you know, anal, oral, whatever.
Starting point is 00:44:25 He said both. Oh. And he said many times. I mean, it didn't just happen once, according to this quote unquote confession. The thing is, there's no evidence to this. None. No one. No medical examiner saw any evidence of rape.
Starting point is 00:44:43 Right. No tearing, no nothing. No bruising, nothing. So they brought that, and they are. eight-year-old boys. Yeah, you would know. If they were violently raped in the way that Jesse described several times, there would be a lot of evidence to this. A lot. And there was none. Several medical examiners agreed. There was none. Right. Right. So this was brought forward. So they brought this up to Jesse after the trial. They were like, hey, there's no evidence that they were raped.
Starting point is 00:45:16 Why did you say that? Why would you say that? And Jesse said, oh yeah, they were going to rape them. But then they didn't. Okay. Does this sound like somebody who was fucking there and is telling the truth? No. Half of his story the first time was that they were quote unquote screwing him. Right. And then he comes back and he's just like, oh, you know, they were going to do that, but then they didn't.
Starting point is 00:45:37 After he's told that there's literally no physical evidence to that. And now the officers all testified that they also never took notes for the time before the recorded confession and that they couldn't even really remember what he said or discussed during that time in most. cases. You would think a story this jarring, what he would have had to say before, you'd fucking remember. Yeah. All they could really remember was they were like, yeah, I know he talked about satanic orgies. Yeah, totally. And like, killing and eating dogs. Like, I'm, I know that, but like, other than that, I don't know. And we didn't write anything down and we didn't record anything. And we lost a lie detector test at one point. It's totally fine. No. Yeah. So the prosecution brought out the big guns. And they brought on the stand one Vicki
Starting point is 00:46:19 Hutchinson. Oh, goody. Now, this is the waitress who, and I'm not saying waitress in a derogatory manner. I was a fucking waitress. Just in case anyone, because we did get yelled at by one person. This is just funny, so I had to say. Yeah, no, it's hilarious. We got yelled at for referring to Vicky as a waitress. Right. When her profession was a waitress. A waitress. And Ash was a waitress for five years of my life. So I'm sorry if this offends anyone, but Vicki Hutchinson, the waitress, took the stand, and she testified about that a spot that, you know, the one that she said, Jesse and Damien drove her to, and Jesse stayed at while her and Damien left because, oh, she was just so offended by the whole thing. Meanwhile, Damien couldn't drive. Nope, couldn't drive.
Starting point is 00:47:08 And the whole thing just didn't happen. And the car didn't exist. And the one that she later admitted, she lied like a fucking rug about. And she literally said that she lied about the entire thing, the whole thing, and that the reason she did it was that Jerry Driver and all those detectives told her to do it. And so she went on the stand at a murder trial and lied about this. She told a bullshit story. What do you think would have happened had she not? I mean, I think that definitely was a big, I'm sure, in the jury's minds, that was like, oh, well, sure.
Starting point is 00:47:46 shit. There it is. This woman's saying she went to a satanic orgy with him. Right. What else do you need to hear? Like, that's their whole thing. What do you think the police would have like done to her? I mean, I don't know. Could they have done anything? She did have like small fraud charges on her record and stuff. They could have. So they just blackmailed her. Yeah. Oh, they definitely blackmailed. Right. For sure. And I think like this was perfect because one of the things that really stands out in this case and to this day, none of them can really, you know, quote on this. There was no motive for this whatsoever. Right.
Starting point is 00:48:19 They had zero motive. The only motive they had was Satan. Was Satan and ritualistic homicide. That's it. Okay. There was no motive. So without that a spot in that satanic meeting and her being like, yep, I was there. It happened.
Starting point is 00:48:33 There's really nothing. Exactly. Except for his like bullshit confession, which doesn't make any sense. Now, they also had another star witness named Willey. William Jones. He ended up not coming to go on the stand because he turned out to be a lying shithead too. Oh, it's weird how many lying shitheads they got together about week. He was a teenager and he told his mom that Damien got drunk and bragged him that he did the crimes. Oh. William admitted he was lying right before testifying. And he was like, I just don't want to
Starting point is 00:49:15 lie under oath. I feel like that's bad juju. So I'll lie everywhere else. I'll lie to the police to my mom to everybody else, but like, I don't get in trouble for it. Like, you're lying about a kid murdering three little children. That's the thing. I'm like, that doesn't sound like a fun lie. Yeah. Yep. And Jerry Driver was then put on the stand. Oh, goody. To say that Jesse, he was like, he was put on there literally just to say that Jesse hung out with Damien and Jason. Meanwhile, they really didn't. No. But he said when he saw them that they were walking around, being spooky, doing
Starting point is 00:49:51 wearing trench coats and carrying staffs. What is a staff? Like a walking stick. What? It's just like a what? Like a goddamn wizard basically. Like okay. They also had cloaks. Now just a reminder,
Starting point is 00:50:07 no forensic evidence linked to the crime. There was no motive whatsoever. So Jesse is sitting there thinking Jesus, this is boring. Can't wait to be done with this and go I can't wait to hang out with my dad. Literally the whole time.
Starting point is 00:50:22 Oh my God. That trial lasted eight days. And then he was convicted of first degree murder in the death of Michael Moore and second degree murder in the deaths of Stephen Branch and Chris Byers after only one day of jury deliberation. He was sentenced to life plus two 20 years sentences. My God. He got the first degree murder charge for Michael Moore because in that kind of
Starting point is 00:50:49 confession, he says he chased Michael Moore down and held him there while the other. So he got the first degree murder for him. And one of the most outspoken, which I understand, so the Byers parents. Right. Melissa Byers and John Mark Byers. Right. They were one of the ones that spoke the most. You know, I think Michael Moore's parents were like very quiet, very like chill people.
Starting point is 00:51:18 and then Pam Hobbs kind of spoke to, you know, Stevie's mom kind of spoke to the video a lot. Terry Hobbs didn't really say a lot. Wonder why. But the Byers were just, I mean, John Mark Byers is a trip. Yes. To say the least. And Melissa Byers was an angry grieving mother. Yeah.
Starting point is 00:51:40 And it's like, I understand. I get it. Like I would also be wishing the fucking worst on these kids because, again, they're being told by the police like all this shit all this shit that makes it seem like yeah they did it right and if you think these three fuckers murdered your eight year old of course you're gonna say of course you're gonna want to tell them that you hope they rot in hell and like terrible things happen to them so i get it but i'm just gonna play the clip of what melissa said um after jesse was sentenced okay I'm still murdered
Starting point is 00:52:18 And he was tortured to death By three murdering Bastards on a ditch bike He was eight years old And guilty is guilty And I hope the little sucker When he hits Cummins They get his ass right off the fact
Starting point is 00:52:34 Because he deserves to be tortured And punished for the rest of his life So yeah She was I mean that's a grieving mother That's an angry grieving mother and I totally get it. I would have said the same exact thing.
Starting point is 00:52:52 I think any parent can understand that or anybody who loves any child in their life can understand that. Again, they were the ones that spoke the most to the media. And after he was sentenced to life in prison, she had one more thing to say. And it's pretty colorful. And I just think we should share it. Okay. Jesse, sweetie, mailing skirt. Wowsers.
Starting point is 00:53:24 Big wolf. Big wolf. You know, if you think this dude murdered your child, I'd be mailing him a skirt as well. So I get it. So I just thought that would help paint a picture here. So now Jesse has been sentenced, convicted sentence. One down, there's two more to go now. So Fogelman and the other prosecutor, Davis, I think his name is Brent Davis.
Starting point is 00:53:52 He was a real dick. Oh, good. Another one. We need all them. Brent Davis and John Fulgoman just have like just those faces that you want to. Resting douche face. You just want to be like, shut up. Resting douche face.
Starting point is 00:54:06 Yeah, it really is. It's just like, God. So Fulgerman and Davis were now trying to convince Jesse to testify against Damien and Jason. Okay. Now, they're saying to him, sure, you've been sentenced to life in prison. But if you testify against them, we'll lessen. your sentence. Probably not. Because now they're like, cool, we manipulated him into confessing. Right. That we can manipulate him into testifying now. And they said, we'll remove the life sentence. We'll
Starting point is 00:54:36 give you a way lesser sentence. They told him Damien and Jason would most likely get off Scott free without his testimony against them. Okay. Because they were like, we don't, because they basically were like, we don't have any evidence. So if you don't testify against them, they're going to get off. And then they said, when they're released, they're probably going to find your girlfriend, Susie. Oh my God. And they were like, and do you want to be responsible for that? How do they even say that to him? And poor Jesse was like, no, I don't.
Starting point is 00:55:05 Well, shit. Now, side note, in Paradise Lost, there is a conversation when Jesse is in prison between him and his girlfriend, Susie. They love each other so much. It's the most, I mean, it's just one of those conversations that you're like, can we make stop now because Jesse is telling her about a dream he had where they just had sex everywhere. Oh. And he keeps going, it freaked me out.
Starting point is 00:55:36 He's like, it was awful. And the camera's just fixed on Susie. Poor Susie is sitting there turning bright red being like, oh, okay, this is fun. She's like, we're on camera. Let's talk about anything else. She's like, this is a documentary. And it's, you feel like you're like, I shouldn't be watching this. Yeah.
Starting point is 00:55:52 These are 17-year-olds. I don't want to watch this. That's wrong. And it's just so when they said that about Susie, I was like, poor Susie. Oh, God. I was like, God damn it. I bet you Susie moved out of town. I bet she did.
Starting point is 00:56:04 She seemed sweet. Oh. Sweet Susie. Oh. So now this is when, so obviously I'm sure in his head, Jesse, I'm sure the first thing you're thinking is like, yeah, I want a lesser sentence. Right. But Jesse's mother, who is not his birth mother, but the mother who in the documentary,
Starting point is 00:56:21 you see her she like raised i love her and she seemed really sweet she does like she like really loved him and he really loved her he called her his mother oh um she said i'm gonna be in that courtroom and if you lie under oath i'm gonna know it and you're gonna be doing it in front of me and like you you say you respect me would you do that in front of me oh she was so smart that's a smart tactic and also his father said if you lie under oath then you're gonna have to to live with that forever. Right. And then he said, but if you tell the truth, then someday your name is going to be cleared because of your honesty. Right. And he was like, so they both were like, so just chew on that. Uh-huh. Like, we're not telling you what to do, we're just say we don't know.
Starting point is 00:57:07 So they both said that. And so Jesse decided the day before their trials against testifying against Amy and Jason because he said, I would be lying if I did. Wow. These kids, when it comes down to it. A lot of... They took care of each other. Yeah. It's like they weird. I know Jesse confessed and put them into this. I'm sure there's people that are like, what the fuck. But let's look at how that happened. And it's like in the end, Jesse did not put the nail in the coffin when he could have. Right. We could have just kept going with this and been like, yep. But in the end, he was like, nope, I'd be lying. So the DA also tried to get Jason to testify against Damien. And they were brothers. They were brothers. And they were basically saying, you can have a lesser sentence, Jason,
Starting point is 00:57:56 if you just testify against him. But it's, in Jason, so in Jesse's supposed confession, he painted Jason as a monster. Yeah. Who murdered these boys just like Damien. Right. He did not paint him as like Jason was sitting by. A bystander. Do a lot. So if they really believed that confession, would they be offering to give Jason 10 years in prison only? Nope. They would not be doing that. Nope. They first offered him something like 40 years.
Starting point is 00:58:28 Holy shit. And he was like, no, I'm not doing that. And then they were like, Jason, you can have 10, we'll knock it down to 10 if you just testify against him. Wow, that's bananas. Again, if they believe that confession, they would be letting a fucking monster out on the streets. Evil, evil person. Well, Jason again, even with the 10 years. he said no because he said it's a lie and even his own lawyers begged him to take that deal and he was like no
Starting point is 00:58:55 I won't lie good for him so much integrity like flying around here it's it's crazy so all they had and fulgum so all these people the prosecution had and fulgoman sits and goes through this in the hbo dock and there's also in devil's not i'm just going to read you what he says um they did not have a lot on these boys. No, especially. I mean, they didn't have anything on either one of them. But he lays it out. He says, if Jesse's confession is excluded, we don't have much. Which to me, I'm like, doesn't that tell you that there's really no case here? Right. So basically what they had was three fibers.
Starting point is 00:59:37 Now, he said this was fiber evidence, but basically what it was, it was like a green fiber and a red fiber found on the boys. And they were, like, they could be a match to clothing found in either one of the boys. Because they both had green and red shirts. Exactly. It was, and it was like things like from like a robe and stuff and it could be from any robe. Right. Like the fiber evidence is not, it wasn't matched down to the garment. Right. It was matched down to like a garment. Okay. That could be that garment. So fiber evidence, that was not strong at all. That was like nothing. Um, It was also somebody who said that they saw Damien and Domini on the service road outside of Robin Hood Hills. But the problem with that was...
Starting point is 01:00:26 Dominie wasn't there. That was putting Dominie on the scene when the confession didn't. Right. And it was also not including Jason. Right. So that didn't work. And they also had statements by two teenage girls, or actually it ended up being a few teenage girls at a softball game who all said that they. heard Damien confess.
Starting point is 01:00:49 But we're going to get to that in a minute, how bonkers that is. And then they also had, and we'll get into this too, a statement from a guy who was in prison with Jason for a couple of months when he was being held before the trial, who said that he confessed to him that he did it. Okay. But that is going to be pulled apart as well. So they don't have, all they have is people saying, I heard them say they did it. Mm-hmm. That's all they have.
Starting point is 01:01:18 Mm-hmm. So, so basically, let's see, so going back to the fiber evidence, what it's called is microscopically similar, not a match. Okay. So that's not a good thing at all. And then they also had that knife that was found in the lake that didn't match anything. The hunch knife. The hunch knife. But okay. So Dr. Frank Peretti, the medical examiner, like I said before, he had already said that there was. no evidence of sexual assault at all. He had said that in Jesse's trial. Now, the defense asked Judge Burnett to rule
Starting point is 01:01:56 that the prosecution could not say the boys were sodomized or sexually assaulted in Jason and Damien's trial because the evidence had suggested that they were not. So they were like, they shouldn't be allowed to even imply that they were because they weren't. The evidence
Starting point is 01:02:12 says they weren't. Right. And also, a huge emotional weight comes along with sexual assault of a child. Yep. So it shouldn't even be mentioned. It shouldn't be implied in any way and there needs to be a ruling that says that. Right.
Starting point is 01:02:28 Well, there wasn't. What did Judge Burnett do? What do you do? What do you think he did? Not the right thing. He allowed the prosecution to claim that they were sodomized. But they weren't. Yep. And there were several medical examiners who said, no, they were not. But he let them
Starting point is 01:02:46 mention it and apply it, put it out there. But they couldn't mention a study that happened. But they couldn't mention something in the Stanford Law Review. Okay. That seems legit. So February 28th, 1994, Damien and Jason's trial begin. Oh, no. The assistant medical examiner, Dr. Frank Peretti, who we have mentioned,
Starting point is 01:03:06 and I mentioned that he's like kind of good and kind of not good at all. So Frank Peretti is the medical examiner in Arkansas. Or he was. He was not impartial because the ME in Arkansas at the time actually was basically working for the prosecution. Oh. So it was just not an impartial. And everywhere else in the country, it's usually a very impartial. I don't have horse in this race position.
Starting point is 01:03:34 Right. But not for this. Also, at the time, he was not board certified. Oh. And it actually failed his boards. Oh, okay. Yeah. So that's helpful.
Starting point is 01:03:44 He is now. if you check on him, but at the time he was not. Perfect. He testified about scratch marks found all over the boy's bodies because there was a lot of scratch marks. And he said that they were the result of a serrated knife being dragged repeatedly down their bodies to torture them. That would just make scratch marks.
Starting point is 01:04:03 But not actually like breaking skin, just scratching. I doubt that. Which I'm like, I really don't think that makes sense. It didn't. And he also said that they were hit with a serrated blade over. and over to inflict injuries that were seen. Okay. Now, he cited a book called Forensic Pathology, written by Dr. Vincent DeMaio,
Starting point is 01:04:24 for where he came up with most of his assertions for this. Yeah. Now, keep this thing in mind because we're going to talk about this at the end of this episode a little bit and also in next episode. The book? Yeah, and Dr. Vincent DeMaio. Okay. Who does not agree with that assertion?
Starting point is 01:04:41 Oh. So he put this all out there. So now this is lining up with the serrated knife found in the lake. And they're saying, ooh, look at this. It's the same thing. Now, in 2009, just skipping ahead really quick, Dr. Michael Baden, who I've mentioned before, he's amazing. He's a top forensic pathologist. He's going to be a crime con, everybody.
Starting point is 01:05:01 Oh. I hope crime con. I was going to say, if it's not canceled. So in 2009, Dr. Michael Baden was brought in to reassess these autopsy findings for Jason and Jesse's trial and he said the autopsy findings looked like they were trying to fit the satanic cult prosecution mold. Oh, weird, probably because they were. And he said, quote, I think unfortunately that quick assumption of a satanic cult colored the autopsy interpretations and police investigations wrongly. Y'all. So he came out in 2009, was like, no, no, no. That was not it at all. Boom.
Starting point is 01:05:39 So he's not the only one who disputed these autopsy results, but we're going to get to that after. Okay. So at the time, this is what Dr. Frank Peretti is saying. Okay. So then they brought in Michael Roy Carson. He was a 16-year-old prisoner. This is the kid I was talking about that went to, was in the juvenile prison where Jason was being held before trial. Okay.
Starting point is 01:06:02 Michael Roy Carson. He was in there with Jason in August. 1993. That's when they shared this time together. He had a long rap sheet. He did a ton of acid and plenty of other drugs. I'm not saying anything about like acid and you know, do what you do, whatever you want to do. But like, just putting that out there. And he had a long rap sheet. He said on the stand, they brought him in because he said on the stand that Jason bragged to him about the murders. He said five, this happened five months earlier. He said that Jason told him, quote, now this is gross and graphic, just to put that out there.
Starting point is 01:06:48 He said that Jason said, quote, he sucked the blood from the penis and the scrotum and put the balls in his mouth. Oh. Yeah. This was only revealed because he was having his own legal problems and suddenly decided to reveal this to help himself out. Right. Because they were like, why did it take you five months to do this? And he's like, oh, I don't know. Meanwhile, he has legal shit that's going on.
Starting point is 01:07:13 And they were like, oh, we'll help you out if you just testify. Uh-huh. Now, when they asked him why it took five months, he said that he had seen the grieving families crying on TV. They were so upset. And he said, quote, I have a soft heart. I just couldn't take it. Oh, okay. Is that how you landed yourself in prison?
Starting point is 01:07:32 He later recanted. Yeah, I believe that. Yep. He said he hurt. heard those things, not from Jason, but from a counselor in the prison who was just spreading a rumor. Perfect. And he decided he heard that and was like, oh, that's gross and weird.
Starting point is 01:07:47 And then he found out that, you know, this is going on trial. And I'd love to lessen my sentence. And he's got all these leagre issues. And they're coming up. And he's like, well, shit. I can pretend that he said it to me. Oh, my God. The amount of fucking shit bags in this case.
Starting point is 01:08:02 Unbelievable. Straight up shit bags. Unbelievable. And it's also. in the beginning it was like the $35,000 reward that was for information about this case. Right. That drew in a lot of people because this is a lot of poor people that are looking. That 35,000, especially at the time, was huge.
Starting point is 01:08:19 Do you know if anybody ended up getting $35,000? I don't think so. Yeah. No. So Fulgerman asked Detective Brian Ridge, what books he found Damien to be reading when he was interviewed the many times that they interviewed before they arrested? Hold up. Can you imagine if your library was taken into account?
Starting point is 01:08:38 No. You would be guilty as charged. That's literally all I could think about our reading. Do you know? If that was solely what they used to convict you, I would have to visit you in jail daily. There's so many things in this case that I was like, well, shit. You're like, I have that same book. I would have 100% been in these shoes.
Starting point is 01:08:59 If they looked at even my room, they'd be like, she didn't do it. Yeah, they'd be like, no, she's good. They'd be like, it's too bright and happy in here. But if they looked at my shit, you'd be fucked. We'd be in trouble. And especially books, like, when I got to this, when Folgoman starts asking what books Damien read, like, that has any bearing on a murder trial? I was like, oh, shit, don't look at mine.
Starting point is 01:09:21 Like, oh, my. And basically, Brian Ridge said, when we went to his trailer and saw in his, you know, his room, he was reading Stephen King books and stuff by Anton LeVay. And he said he thought it was strange in his opinion that he read that. Stephen King is not, well, factored into Damien's fate. I almost just said like it's not strange, but then I was like, well, he is. But it's like very normal, like horror books. Right.
Starting point is 01:09:49 Like lots of people read Stephen King. We all went to see it in theaters. Okay. Stephen King rules. Let's be real. But that the fact that his library is brought into this shouldn't is blowing my mind. Now, Judge Burnett said it didn't matter that information being introduced into this trial was obtained. Remember when they were, they basically cornered minors in front of Jason's home without a lawyer or their parents present?
Starting point is 01:10:17 Yeah. Judge Burnett said it didn't matter that that's how it was obtained. It's just the fact that it was obtained. All of it was fine and admissible, even though it was obtained that way, which is illegal. Right. But that's fine. And then so he said, that's all fine. that's all well and good. That's like the way they obtained it is not bad. But he said information
Starting point is 01:10:36 like what he read and what he had known about the case from the media, that's fine too. We want to hear about his books. We want to hear about what he knew about the case from the media. This is all going to factor into it. Oh, okay. That sounds like a fair trial to me. So it's like what? It doesn't make any sense. Now next to the prosecution brought Dr. Dale W. Griffiths on as an expert on the occult. This guy is bananas. Bananas. He was brought into this mess by Jerry fucking driver. Shocking. Yeah. When asked about Satanist, he said that he personally witnessed them wearing, quote, black fingernails, having their hair painted black, wearing black t-shirts.
Starting point is 01:11:31 Sometimes they will tattoo themselves. Sometimes they will tattoo themselves. Sometimes. Okay. He said the fact that it was, so he said, you know, the fact that the killings occurred near the festival of Beltane, which is on May 1st, meant it was probably satanic. Okay. Meanwhile, Beltane is a Scottish festival and it hails the return of summer, the fertility of the land and the protection of all living things from troubling forces. Oh. So this would not have happened.
Starting point is 01:12:03 But yeah, totally. also, Beltaine's on May 1st, and the murders happened several days after that. So that doesn't really make sense. Like, were they just like, whoops, we missed Beltane. Let's go murder some kids. And also, I don't think you'd murder anybody on Beltane. Don't think so. You might just, like, plant a tree.
Starting point is 01:12:19 Yeah, it doesn't really make sense. Now, here's an exchange between the defense and Griffiths, okay? Or no, excuse me, not the defense. The prosecution in Griffiths. So they said, okay. Now, is eight a factor? Because they were eight years old. Because that is a witch's number?
Starting point is 01:12:40 What's the significance of eight? Eight is a witch's number? Well, Griffith says, okay, in Crowley's work, he discusses that sex before eight or you lose the magical power. So they say, sex before eight or lose the magical power. Okay. So that if the victims were all eight years old, then that wouldn't be sex before eight, correct? Uh-huh. And Griffith says, I said, say eight, I'm sorry, not nine, eight or before.
Starting point is 01:13:09 Eight is a witch's number. What? What? What is that answer? So basically what he's saying is, so they were like, well, wait, if they were eight years old and it's sex before eight. It didn't work out. Then that wouldn't work and it would not make any sense. And he's like, oh, you know what?
Starting point is 01:13:24 Did I say eight? I mean nine. I mean nine or younger. So eight is okay. AKA, I forgot how old the victims were. And I totally forgot any of this, and it didn't line up with the narrative. So now it does. Now I made it.
Starting point is 01:13:39 Now, eight is a witch's number was cited by the Arkansas State Supreme Court in upholding this verdict. Oh, yes. Yep. That long pause was my face dropping. Sure was. Now, Ford asked him about his education. Ford is one of the defense attorneys. He asked him about his education.
Starting point is 01:14:07 He was like, well, you're an occult expert and you're a doctor. You're a PhD. How did you get that? Right. And he said he had a PhD from Columbia Pacific University. It was a mail order college degree. No. He called, so Price or, yeah, Ford asks him, like, calls him out about it.
Starting point is 01:14:26 He's like, you have a mail order college fucking PhD. Right. I didn't even know that. was an option. I would have done that. And Griffiths finally admitted that he took zero classes to gain his Ph.D. In case you didn't hear that zero classes. So he has a PhD with zero classes. How much do you think he paid for that? I have no idea. This college, quote unquote, was also closed by court order in 2000. What? Yeah. Because it's just one of those. And it's funny because Ford holds up the mail order thing and it's like did you get one of these in the mail like and you just fill it out
Starting point is 01:15:05 right that's when he's like yes and he's like uh and that's when he's like how many keeps going he goes how many classes did you take and he was like well uh i already said that um and then he's like no how many classes and he has to say how many classes did you take like six times and finally he goes none i took none oh and that was let and you're like that that motherfucker affected the jury. Well, and then they're like, hey, Judge Burnett, how come he's an expert witness, but he literally does not have a fucking, like, he has a mail order. He might as well be, like, a random dude that they pulled off the street that morning.
Starting point is 01:15:45 It might as well just be like, I really like pickles because I think they taste good. I am an expert on pickles. Right. Like, what? Shoot. So they're like, Judge Burnett, uh, he's not an expert because he has a mail order PhD. Uh-uh. just all agree on that. And Judge Burnett was like, you can be an expert just from life.
Starting point is 01:16:07 No, he didn't say that. He said that? He totally did. From life? Now, Judge Burnett wouldn't, he denied a polygraph expert to testify, but not an occult expert with a male or to Ph.D. He would have contradicted the results that said that they were guilty. Right. And he also wouldn't let a false confessions expert in. And he also doesn't believe psychologists have any business on there. But this a cult expert who did a mail order PhD and just has life experience, man. He should be allowed. Wow. That's a judge, huh?
Starting point is 01:16:41 Like, totally. Okay. But he also thought it was pretty pertinent to talk about the fact that the murders occurred on a full moon. Oh. The judge thought that? The judge wanted to mention. He was like, no, it was a full moon that night. So, so let's get this straight.
Starting point is 01:17:01 Psychologists, no, no, no, no, no. False Confessions expert? No, no, no, no, no. Polygraph expert? No way. Let's talk about the lunar phases, though. That definitely has a bearing on this. Okay.
Starting point is 01:17:14 This is a fucking capital murder trial of three eight-year-olds. Well, the full moon makes everybody act a little angry. Like, are you kidding me right now? He wasn't. I wish. So this is when Damien's stuff was, like, just torn apart. Right. They started talking about how he had a book of shadows.
Starting point is 01:17:31 Same. Same sees. His music tastes were like crazy. And he had animal skulls. And it was all bullshit. Okay. So this is when the, and again, none of these things have any bearing on murdered children. This is like how you like to decorate your home.
Starting point is 01:17:52 This is nothing. This is just straight up like goth kid. This is crazy. So Burnett literally asked out loud during the trial what the occult was. He didn't know what the occult was. Who asked that? Judge Burnett. The judge.
Starting point is 01:18:06 Okay. Okay. He said, quote, I don't know what an occult is. It sounds like something bad, but I'm not sure what it is. Oh, my God. Sweetie Child. So this is when Price asks if they are planning to now use occult killing as the motive. And Fogelman says, quote, we have not made a final firm decision, but at this point, I would say yes.
Starting point is 01:18:26 Okay. So then Burnett asked if he was going to link Jason with this occult motive. And Fulgoman said, because he was like, okay, we can definitely, like, I get Jason or I get Damien. So you're going to link Jason in with this too, just so I'm clear. And Fogelman said, quote, Your Honor, that is something that will have to be talked about with the expert. It is my understanding that part of the involvement deals with the obsession with heavy metal music, change in forms of dress, wearing all black, and I believe that proof would show that Jason had 15 black t-shirts with the heavy metal thing. And he had some kind of animal, either claws or teeth, I think they said
Starting point is 01:19:10 they were claws, in his possession. What? So. He has 15 black shirts, so he's a murderer. Yep. Okay. Yeah. Well, call me a fucking murderer then. Because I probably got double that. Well, and the judge was like, are you seriously letting black, the defense was like, are you seriously letting black t-shirts be the reason to convict him? Like, are we really pretending that that's okay? And the judge was like, yeah, totally. Yep. Oh, my God. This is fucked.
Starting point is 01:19:42 Like, what? So this is when the softball girls are brought in. Remember I mentioned before? A few teenage girls were like, I totally are Jason Ty or Damien talk about murdering those boys. So they were like, cool, cool, cool, you need to come in. softball game well and so this is a very convoluted chain of events um so here's what it is jenny deacon said rachel meyers had overheard damien confess at the softball game okay rachel myers said she overheard this from shelly wolf okay shelly wolf said she heard this from shannon
Starting point is 01:20:18 bowls okay shannon bulls said she heard this from michelle carter okay michel carter said she heard this from Shannon Bowles. Oh, so we have a quick little looks. Also, Michelle Carter, that's scary. I know that's funny. Katie LaFoy said she heard Damien confess this at the softball game on the 1st of June. And she said, also with her who heard this was Jody Medford. Jody Medford said she heard him confess during the week of May 24th.
Starting point is 01:20:46 Okay. And in her June 7th, 1993 statement, she said her sister Jackie Medford and another girl, Christy Van Vickle were there. But then when she testified, she said Jackie and Christy were not there. Oh. Jackie Medford said she was with Jody Medford and Christy Van Vickle when she heard him confess. Mm-hmm. Jesse Medford. Jessica Medford said she overheard Katie Hendricks, asked Damien if he killed the kids.
Starting point is 01:21:17 Uh-huh. And then Christy Van Vickle said she was with Jackie Medford and heard him confess. All these girls sound like basic. bitches. So to me, if you're going to spill the tea, spill the fucking tea. This sounds rock solid, right? No. Rock. No. It sounds like you were passing a note and it got, this is like a really bad game of telephone. My favorite is when it goes through like six of them and then loops right back around and you're like, wait. No, it was Shelly. But this one said she heard it from that one and then you said you heard it from the first one who said that she heard her from
Starting point is 01:21:51 you. I heard that my cousin heard, that my sister heard, that my sister heard from my cousin that this happened. And then it turns into, well, then this girl asked him and he said he did. But then the other one says, no, I heard him say, it's very rock solid. That's something all right. Very rock solid. Now, here's when the defense decided to put Damien on the stand. Oh, bad choice. And I guess they figured, you know, he was intelligent, he was very articulate, and that they could show he was, you know, just like a cocky kid and they could be like look see this is not a murderer but it like backfired in like a major way yeah um so the thing that they really harped on him for was they used a coat so they used this coded cipher that damien had done in prison and it was him like practicing
Starting point is 01:22:40 using the cipher symbols because he was bored in prison uh-huh um he had written out like in symbols jason's name his name domini's name just like people he's knew. And he also wrote out Alistair Crowley's name. And Alistair Crowley, I'm sure a lot of people listening know. He's like a famous occultist. He wrote a ton of books. He's like a, you know, a cult magician. He's very controversial. So probably wasn't the best time to write his name down. Of course, not. And they of course asked about Alistair Crowley. And Damien said he hadn't read any of his stuff, but he said, but then he added, given the chance, he would. Oh. So he was just being truthful. He was like, I know I haven't had the chance to read it, but I would if I could.
Starting point is 01:23:25 Yeah. So then they asked him about Wicca. And he told them what it was and he said it in a very thoughtful way. He said, quote, it acknowledges a goddess in a higher regard as a god because people have always said were all God's children and men cannot have children. It's basically a close involvement with nature. Okay. Sounds nice. It does. But then they made it like, oh, so you're a witch. Mm-hmm. Mm-hmm. And then they went into this journal he had, and the journal had like pentagrams on it,
Starting point is 01:23:58 and, you know, just random symbols that he was drawing on it. Like, I doodled weird shit all over my stuff too. Right. So they said, they asked him about it, and he said, this right here is like my home journal. I had one for school and one for home. So then they said, I notice on the inside of the front cover,
Starting point is 01:24:15 there appears to be a couple quotes there. Could you read each of these to the jury? and tell them where they came from. Oh, no. So he says, so he quotes, life is but a walking shadow. It is a tale told by an idiot, full of sound and fury,
Starting point is 01:24:29 signifying nothing. That's from a midsummer night's dream by William Shakespeare. Uh-huh. Which are like, damn, little Arkansas boy. Like, poor Arkansas boys, like quoting William Shakespeare.
Starting point is 01:24:40 Like, good for him. And then he quotes, pure black, looking clear, my work is soon done here. Try getting back from me, that which used to be. And he says, that is off a Metallica tape called Injustice for All. It talks about how warp to the court systems are, stuff like that. Oh, shit. And when he says in the video, he's like, and he kind of like looks up at the judge.
Starting point is 01:25:05 He's like, well, fuck. Like his eyes just kind of like flit up at him. Like, well, fuck. He's like, sorry, sir. Sorry. And he says, the other one is from the Twilight Zone. Quote, I've kicked open a lot of doors in my time and I'm willing to wait for this one to open and when it does I'll be waiting. Okay. Yeah. All pretty chill quotes. So then they say on the back of it, on the back and the inside portion, the rest of the writings are in here. Did you write all the items in here? And he says, no, this one right here is lyrics to a tape. Me and Jason, every time one of us would get a tape that the other one didn't have, we would make copies of it for each other and copy the lyrics down too. Oh, that's so cute. And they say, all right. And he says, and that's what this is from. So they say,
Starting point is 01:25:47 what's the name of this particular song? And he says, fade to black. And they ask, and what rock group does that song? And he says, Metallica. And they say, did you like Metallica music? And he says, yes. And they said, and did you listen to that quite a bit? And he says, yes.
Starting point is 01:26:03 Okay. Now again, how fucking pertinent is this to a fucking murder? Right. I don't understand. Right. So then another thing that they asked him that was really interesting was they said, okay. also there's the as part of the investigation the west memphis police department did a search warrant on the crittenden county uh county library and they had the search warrant indicates that there was a book on witchcraft by cotton mather on witchcraft is that a book that you had checked out and he says yes i checked that out and they say and what was the reason that you checked that book out and he says just to read it most people who are looking at you looked at you
Starting point is 01:26:45 at the cover, they would think that it was a witchcraft book, but it was really an anti-witchcraft book. That was wrote by a Puritan minister. It was on different ways that during the Salem persecution era, they used to find ways to torture people or just keep them locked up until they would finally say, yeah, I'm a witch and all this, and then they would kill them. Wow. Ironic as fuck. This is on the stand. Right. And so they say, all right.
Starting point is 01:27:12 In addition, they also, the West Memphis Police Department, seized a book on magic. Do you remember checking out a book on magic in the past? And he says, if it's the one I'm thinking about, yes. And they say, what type of magic was that about, or do you recall that? And he says, that was about everything in the history of magic from like all religions, really like Hinduism and Buddhism, some things from Christianity, like exorcism, things like that. And they say, and did you find that interesting to read? And he says, yes. So, this was all again they're being like so did you like
Starting point is 01:27:49 reading about magic you mother fucking witch and he's just like and meanwhile he's sitting here being like yeah it was like this one was about written by a puritan minister and it was like going into the history of the persecution of witch it's like this fucking kid is like educating himself
Starting point is 01:28:05 and then he's talking about he's reading a book about like Hinduism and Buddhism and Christianity and like just reading into all these religions they're like so you're a fucking witch though and he's like He's like, nah, not yet. Like, are you kidding me right now? So one of the things that the jurors did was they wrote out pro and con lists for each witness and defendant.
Starting point is 01:28:25 Every juror. All of them were, that's how they like, they just went through the deliberations. Uh-huh. On Damien's, they had written in huge letters under a bunch of pros and cons, mostly cons. Uh-huh. They wrote in big capital letters, you are what you think about. So they were literally saying he thinks about magic, he thinks about dark shit, he's a dark shit. Like they were literally, they were saying whatever's in your brain, you are that.
Starting point is 01:28:56 I don't think so. The most dangerous way of thinking ever. Right. And they used it to convict him. Right. That he thinks dark thoughts, so he did it. Well, also, those aren't dark thoughts. thoughts. He's just educating himself on different religions. Well, and he also had like,
Starting point is 01:29:16 angsty poems and stuff that were like, every kid has done that. And it's like, but they're literally saying you're into witchcraft, you must be a killer. Okay. That's how it is. And it's like, nope. And it's, that shows to me seeing that and I saw that in, um, in the, uh, devil's not book. That's where I saw the like big letters you are what you think. You are what you think about. That is so scary. That to me stood out the most because it was like, whoa. Right. That's how you think. Dangerous as fuck.
Starting point is 01:29:47 They, so the jury deliberated for 4.5 hours. Wow, that's not long at all. Nope. In Friday, March 18th, 1994, Jason and Damien were found guilty of capital murder. My God. Did Jason ever get a chance to take the stand? No, he did not take the stand. Oh.
Starting point is 01:30:05 They didn't want him to, I don't think. Because they didn't think it was a good idea for Damien, too. but they didn't. Oh. So then it took two hours and 20 minutes to decide that Jason would spend life in prison and Damien would be put to death by lethal injection. Wow. Two hours and 20 minutes.
Starting point is 01:30:24 And you have to look at that too and say, why would they not get the same? Why would they both not get capital punishment if they both had equal involvement? Exactly. Because Damien looked a little weirder and went on stand. And to them, they took his books. says weird. That's the thing. That's why he was sentenced to death. If we're going with Jesse's confession, Jason and Damien were equally as evil. Right. If we're going off of that confession, which is what they were going on. That's why it makes sense that they knew that
Starting point is 01:30:53 confession was bullshit. Right. They just wanted Damien dead. Uh-huh. That's what they wanted. Which is fucked up. Well, in the saddest thing, and I tried to find a clip of this, but I cannot find the clip for the life of me. If I can, I'll like post it. Um, when the judge asks during the sentencing, do either of you have any legal reason to show the court or give the court as to why the sentence should not be imposed? Jason quietly says, because I'm innocent. Oh. And then he says, so the judge says, pardon. And he says, because I'm innocent. Right. And the judge replies, well, the jury has heard the evidence and concluded otherwise. That's fucking douchebag. Now, that's so sad because he must have felt. Yeah. I can't even imagine that feeling.
Starting point is 01:31:36 Yeah. I can't even fathom that. Now, what didn't get brought into this at all, and you may remember from the first part, was originally, remember when the boys went missing, there was a Bojangles restaurant. Yep. And a random, like, bleeding black man came in, and he was all frazzled and he left blood everywhere. Well, the police did get scrapings of that blood. Right. They never tested it. Right.
Starting point is 01:32:03 And it never got brought into this trial. It never got asked about. And what happened was they were asked. They asked Brian Ridge, what happened with those, like, were they sent to the crime lab to be analyzed? And Brian Ridge said, they were never sent. And he says, why weren't they? Why were they never sent? And he goes, or he says they were never sent.
Starting point is 01:32:26 And he goes, that's correct. And he goes, where are the blood samples at this time? And Brian Ridge says, I don't know, sir, they're lost. You lost blood samples? And they say they're lost. How do you lose a fucking blood sample? Yes, sir. So they had blood that they had scraped off that wall from a bleeding man from the same night who was also covered in mud, same time that these boys would have died, and they lost it.
Starting point is 01:32:55 Interesting. And they lost it because they knew anything else would have put a shadow of a doubt on these three guys. And they needed to nail them down. Now, earlier I'd said that Dr. Vincent de Mayo, who did not agree with Dr. Frank Peretti about the serrated knife causing those injuries, he later said those injuries that were attributed to the serrated knife were probably caused by animals. Oh, wow. And he said the boys were found in water. And they'd spent something like 18 hours in water. Oh, wow.
Starting point is 01:33:29 And he said that part of the woods was actually referred to as Turtle City by a lot of residents. by a lot of residents. Oh, I love turtles. They were everywhere. And in the third Paradise Lost documentary, a turtle breeder actually lets a snapping turtle, like, bite down on his arm. Oh, Jesus. And the marks are the exact same as found on the bodies.
Starting point is 01:33:48 Yeah. And the claw marks also matched turtle claws. And it makes sense because they're not deep. They're like just... Right. And also, animals will go after, like, a dead body. Animals, no matter where they are. Right.
Starting point is 01:34:02 An animal will go after the flushiest parts or hanging parts. Right. And that's like cheeks, like Steve Branch. Oh, so you think an animal did that too. I think it was just that happened to be the side that was exposed to possibly a turtle or something else. And then there's also the genitals of Christopher Byers that could have been, and they do believe, in fact, six forensic and pathosos. experts and with Dr. Vincent de Mayo all believe that animals were the cause of that castration. Because they never found his actual. No. Right. So it would line up with that. And it was really like jagged. And like it also just everybody's like, why the fuck did one of these kids get castrated? Right. Right. Like that's weird. And then why did one of them get like hacked on one side of his face? It's like, so all these forensic experts agreed that they were animals. Right. That did this. It made the most sense.
Starting point is 01:35:02 And which puts it, it makes the most sense, too, because it was like all this, like, torture and shit. I mean, obviously, this kids went through hell anyway. Like, I'm not trying to diminish that in any way. But these random things were, like, just not adding up. You're like, why? Right. Why was randomly? Like, was he, you know, on his cheek and he was castrated and, like, what the fuck?
Starting point is 01:35:24 It just wasn't line up. Where did this happen? And all that blood that they're missing at the crime scene, it might have been in the water. Right. when the it could have washed away. Because that could have been where it all happened. So it could have been it. And this is where we are going to stop for part two because I, or part three, excuse me.
Starting point is 01:35:43 Because in part four, we're going to go through the, like what they went through in prison. We're going to go through what, like the support they got and the people came out against them. We're going to talk about John Mark Byers, Terry Hobbs. We're going to talk about some of the parents. of the victims flipped and decided that these three boys are not guilty, which is crazy and awesome. But, and then we're going to talk about the Alfred plea, all of the different evidence that came forward after this.
Starting point is 01:36:16 So we got a whole other episode on this. And then we will be finally closing the door on this case. Is it weird that I want to be kind of bummed when this is on there? I know. I kind of am too, because I feel like I'm like, but then again, I'm like, my whole like brain has been enveloped in this case for like, we. weeks now. Yeah, that's true. I could use a detour. Yeah. But I'm excited. I'm excited to go into part four. Yeah. Hopefully you enjoyed this and we're horrified by this at the same time. Enjoyable and mortifiable. Yep. Probably not a word, but it's not, but I like it. You're welcome. So if you want to hear
Starting point is 01:36:50 more about Instagram, go to ours. At Morbid Podcast. My brain didn't work anymore. If you want to find us on Twitter, we're at a morbid podcast. If you'd like to send us a Gmail, morbid podcast at gmail.com. Join the Facebook group, Morbid, colon, a true crime podcast. We hope that you keep listening. And we hope you keep it weird. Nope. Nope.
Starting point is 01:37:20 Really don't keep it weird in Arkansas in 1993. Don't. Don't do it. Don't be doing that. Don't do it. Bye. Bye, bye, buddy.

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