West Memphis Three | Beyond a Reasonable Doubt | 3

Damien Echols and Jason Baldwin are put on trial for murdering three 8-year-old boys in West Memphis, Arkansas. Though the police have limited physical evidence, they’re confident they can convince the jury that Echols and Baldwin are part of a Satanic cult. The explosive verdict leads to a controversy that lasts over two decades. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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• 0:00Lindsay Graham?

  Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. American Scandal uses dramatizations that are based on true events. Some elements, including dialogue, might be invented, but everything is based on historical research. This episode contains descriptions of murder and violence against children. Listener discretion is advised.

• 0:26Lindsay Graham?

  It's the evening of February 17th, 1994, on a highway in rural Arkansas. Thirty-year-old attorney Dan Stidham races through the darkness. His eyes occasionally flick from the road to the clock on the dashboard. He doesn't have much time. Earlier this evening, he had a call from a deputy prosecutor in the small town of Rector in northeast Arkansas. He told Stidham that his client, seventeen-year-old Jesse Miss Kelly, was going to make another

• 1:09Lindsay Graham?

  statement about the murders of the three boys in West Memphis. But this was news to Stidham. Miss Kelly has recently been sentenced to life behind bars for the killings, but now that the trial of the other alleged murderers, Damian Echols and Jason Baldwin, is approaching, the authorities have taken Miss Kelly out of prison and brought him to a law office in Rector to talk with prosecutors. And Stidham fears that unless he stops him, Miss Kelly is about to do something he'll regret. So after a frantic forty-five-minute drive, Stidham speeds into Rector. He storms into the conference room at the law office, his face red with rage. Stidham finds Miss Kelly in handcuffs, chatting casually with prosecutors.

• 1:53Lindsay Graham?

  Jesse, don't say another word to them. Gentlemen, I demand to speak to my client in private. The others file out of the room without a word. Ms. Kelly gives Stidham a confused smile. Hi, Mr. Stidham. Are you everything alright? No, Jesse, it's not. I told you not to meet with the police or anyone else unless I was there. Well, they said if I talk to them, my girlfriend could come see me. When did they tell you that? They'd been coming by myself. What, for how long? Ms. Kelly shrugs. A while. Jesse, God, you should have told me about things like that. We were just talking. Are they trying to convince you to testify against Damien and Jason next week? Yeah. But I thought you didn't want to testify. This, that, that's what you told your dad, isn't it? But, Mr. Stidham, I, I don't like jail. Oh, Jesse, I know.

• 2:39Lindsay Graham?

  I'm, I'm already stuck there for the rest of my life and the cops say they can make it easier on me. I just want to see my girl. Jesse, look, if, if you testify against Damien and Jason now, it could make it harder to appeal your conviction. Don't you understand? Ms. Kelly stands up in frustration. God, anything I do, there's always someone telling me I'm doing it wrong. I'm not telling you you're doing it wrong. I'm just trying to help you, Jesse. Well, that's what the police say too. But I'm your lawyer. I'm on your side. So let me ask you again. Did you kill those three boys? No, I told you that a thousand times. Did Damien and Jason kill those boys? No, I, I mean, I don't know for sure, but I wasn't there if they did. Then you can't go saying otherwise, Jesse. That's all there is to it. Well, what difference does it make?

• 3:24Lindsay Graham?

  What difference does it make? I told you, what about your appeal? As your attorney, I'm strongly advising you to rethink this decision. Well, all I've been doing is thinking, Mr. Stidham. I'm sitting in that cell all day long and people are yelling things at me and I can't see my dad and I can't see my girl and the police won't leave me alone. There's a sharp knock on the door and Stidham scowls. We're not finishing here. No, I think we are. I know you're trying to help, Mr. Stidham, but I've decided I'm gonna tell them whatever. Then I'm gonna see my girlfriend and then I'm gonna go back to prison forever. Because none of it matters anyways.

• 4:00Lindsay Graham?

  As Jesse Miss Kelly is led away, Dan Stidham sinks into an office chair, shaking his head. Miss Kelly doesn't understand what he's doing. He's just a kid, and it's Stidham's job to protect him. So after allowing himself a moment of despair, Stidham goes looking for a telephone. Maybe Miss Kelly's father can get through to him. Somebody has to be able to stop this. Talking to prosecutors now won't just put his own future in jeopardy. It could ruin the lives of Damien Echols and Jason Baldwin, too.

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• 5:57Lindsay Graham?

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• 6:21Lindsay Graham?

  In early 1994, Jesse Miss Kelly was convicted of the murders of second graders Michael Moore, Christopher Byers, and Stevie Branch. Because the crimes had been so brutal, police in West Memphis, Arkansas had jumped to the conclusion that the boys were tortured and killed as part of a satanic ritual. But the case had all hinged on Miss Kelly's confession. He had told police that he killed the boys alongside two other local teenagers, Damian Echols and Jason Baldwin. Miss Kelly's attorneys had argued that he was coerced into talking and that the police took advantage of him, but by then it was too late. The confession had been made, and now, a few months after Miss Kelly's conviction, his alleged accomplices were preparing for their own trials.

• 7:04Lindsay Graham?

  And just like Miss Kelly, Echols and Baldwin would face an uphill battle against a public and police who were already convinced they were guilty. This is episode 3, "Beyond a Reasonable Doubt." It's February 1994 at the county jail in West Memphis, Arkansas. Attorney Paul Ford is escorted through the echoing halls to his client's cell. Ford is representing 16-year-old Jason Baldwin in his upcoming murder trial, and since Baldwin's arrest last year, Ford hasn't been able to bring him much good news. But today, not only does he have good news for Baldwin, he also has pizza.

• 7:46Lindsay Graham?

  Hey, Jason, how are you? Is that pizza? I have a slice. You look like you need one. Baldwin grabs a slice and eagerly takes a bite. Oh, this is amazing. You have no idea how bad the food is here. Well, I'm bringing it to you because we have a reason to celebrate. Actually, two reasons. One is that Jesse Miss Kelly has changed his mind again. So, he's not going to testify against us? Apparently, his dad sat him down and made him see the line. So, this is a major win for us. All right, Jesse. I knew he would do the right thing, but what's the second reason? The second reason is that the state wants to make a deal. What kind of deal? The prosecution is willing to ask the judge for a reduced sentence for you, maybe 40 years. And that's good? Well, it's better than the death penalty. What would I have to do?

• 8:31Lindsay Graham?

  You'd have to testify against Damien. Well, no way. It's not as bad as it sounds. No, no, I won't do it. A few minutes on the stand could change everything. I'm not gonna get up there and lie. Well, Jason, they just sentenced Jesse to life. And you're only sixteen years old. That's a long time behind bars. But we're innocent. You believe me, right? Look, you and Damien are being tried together. I hoped I could get you two separated, but they're not gonna have it. And that means the jury is gonna hear how Damien's been in mental hospitals, how he's a witch, and God knows what else. He's a Wiccan, not a witch. Jason, you know as well as I do that people think he's weird. Witch, Wiccan, it's not gonna matter. And I'm sorry to say, but that might be enough to convict and take you down with him. No, no, I don't wanna talk about this again.

• 9:16Lindsay Graham?

  I know Damien can be odd. I don't know why he is the way he is, but we didn't kill anyone. So I'm not gonna go in front of the court and say we did. Are you asking me to lie? No, no, of course not. But do, do think this through, please. Talk to your parents. Without Jesse to testify, we've got some real leverage for the first time. What, what if I talk to the prosecutors again? Maybe we can get them to knock the sentence down even more. I mean, twenty years sounds a whole lot better than a lifetime, right? Look, Mr. Ford, I don't care if they offer to get me out right this second. I'm not taking a deal if I have to lie. Thanks for the pizza, though.

• 9:56Lindsay Graham?

  On February nineteenth, nineteen ninety-four, the trial of Jason Baldwin and Damien Echols gets underway in Jonesboro, Arkansas. The town is sixty miles north of West Memphis, and the hearing has been moved there at the request of the defense. They feared it would be impossible for Baldwin and Echols to receive a fair trial in West Memphis, where almost everyone in the local community seems dead-set against them. Jonesboro is about twice the size of West Memphis. Home to Arkansas State University, it's slightly wealthier and better educated than most other places in the region. But if Baldwin or Echols hope that people in Jonesboro will be more willing to give them the benefit of the doubt, then they are soon disappointed. Finding 12 people willing to act as jurors doesn't prove easy.

• 10:40Lindsay Graham?

  150 locals are summoned for jury duty, but only 62 show up, and many of them are soon dismissed. With all the rumors of cult activity and the horrific nature of the crimes, the potential jurors tell the judge they simply can't be impartial. The jury selection process ends up taking most of the first week. But finally, on February 28, 1994, a group of jurors is seated, and testimony in the trial can begin. That morning, Damian Echols takes his place at the defense table. He's wearing a striped shirt, buttoned up to the collar without a tie. His long, dark hair has been cut since his arrest, but it still hangs in curtains around his face. He pushes it behind his ears as he looks around the room.

• 11:23Lindsay Graham?

  There's a soft murmur of tense conversation. Lawyers huddle together, making last-minute plans. The families of the victims cling to each other for support. And off to one side, leaning against the witness box, are two children's bicycles with evidence tags hanging from their handlebars. At the other end of the defense table is Jason Baldwin. With his hair also cut short and a baggy shirt that almost hangs off of him, he looks even younger than he usually does. The pair's eyes meet for a moment, as their lawyers take their seats between them. Then a door opens, there's a shout for everyone to rise, and the judge, David Burnett, sweeps into the room. From the outset, it's clear that the state knows the physical evidence against the two defendants is thin.

• 12:07Lindsay Graham?

  At the scene of the crime, the police only found a few fibers that could be linked to either Echols or Baldwin, but these come from mass-produced clothing that's sold in stores all over the country. There's also a knife that was found in a lake between the two boys' trailers. It has a serrated edge, which is consistent with the victim's injuries, but there's no way to prove it's the murder weapon. And although Damian Echols has been seen carrying a similar-looking blade, there's still no proof that this particular knife ever belonged to him. So with such little physical evidence to call on, and with Jessie Miss Kelly now refusing to testify, it's the allegations about Satanism that form the backbone of the prosecution's case. This is where fractures start to appear between the two defense teams.

• 12:51Lindsay Graham?

  Lawyer for Damian Echols know his occult interests are a weakness, and they plan to counter the prosecution's claims head-on. But Baldwin's team wants to bar the prosecution from mentioning the occult at all. They point out to the court that unlike Echols, Baldwin is not a Wiccan. In fact, he has never shown any interest in the occult, alternate religions, or magic. There's no reason to believe he's anything other than an ordinary Christian boy, and it's unfair on him to imply otherwise. Judge David Burnett can see their point of view, but he still refuses to bar the prosecution from mentioning cults. He accepts the argument that it's crucial to the case against Damian Echols. But what he does do is instruct the jury to disregard any testimony about the occult when it comes to Baldwin.

• 13:35Lindsay Graham?

  They are only to consider Satanism when contemplating Damian Echols. Baldwin's defense doubts the jurors can follow these directions. Their biggest worry has always been that the jury will convict Baldwin purely on his association with Echols. That's why they've repeatedly requested severance for Baldwin to be tried separately from Echols. But again and again, Judge Burnett has rejected that plea. Now Baldwin's attorneys have no choice but to make the best of a bad situation. Among the first witnesses called is West Memphis Detective Bryn Ridge. He was on the scene when the bodies were discovered in the creek, and he describes to the court how the boys were found tied and mutilated. Under cross-examination, though, he's forced to reveal that the West Memphis Police Department's handling of evidence

• 14:20Lindsay Graham?

  was far from ideal. Two exhibits submitted as evidence in the trial were only recovered from the scene months after the murders, and the defense implies that this is proof that the investigation was inept. Detective Ridge is followed on the stand by the medical examiner who performed the autopsies on the three boys. Aided by photographs and diagrams, he gives detailed and often disturbing evidence about the injuries suffered by the victims. But when the discussion turns to time of death, he takes the court by surprise. When he appeared as a prosecution witness at Jesse Miss Kelly's trial, he refused to pinpoint the time of the killings. And at first, in this trial, he sticks to that approach again, calling such calculations more of an art and not a science. But under pressure from the defense,

• 15:05Lindsay Graham?

  he eventually gives an estimate, telling the court that the killings likely took place on May 6, 1993, at some time between 1:00 and 5:00 a.m. That's radically different from any timetable suggested by either the police or the prosecution, and the state's lawyers are left seething. In the first few days of the trial, the defense has introduced doubt about both the competence of the police investigation and the accuracy of the prosecution's timeline. So, sitting at the table alongside his defense team, Jason Baldwin feels a glimmer of hope. The prosecution evidence against him seems slight and circumstantial, but then, on the third day of the trial, a witness he doesn't recognize takes the stand. Sixteen-year-old Michael Carson pushes his sandy, shoulder-length hair away from his

• 15:50Lindsay Graham?

  face as the prosecution lawyer begins his questions. Carson tells the court that after being convicted of burglary back in August of 1993, he served a week at the same jail as Baldwin. Although the two weren't cellmates, he claims he spoke to Baldwin in a common area twice. He says that on both occasions, they played cards together. The first time they met, Carson states that he asked Baldwin whether he really was a killer. Baldwin denied it, but according to Carson, during a second game the following day, Baldwin casually confessed to murdering the three eight-year-old boys. Carson says he then went into gruesome detail. Baldwin allegedly told him about how he dismembered and disfigured his victims and how he sucked

• 16:33Lindsay Graham?

  blood from their genitalia. There's shocked silence in the courtroom at that remark. At the defense table, Baldwin can only stare in disbelief at what he's hearing. He doesn't even remember meeting Carson, let alone talking to him, and if this conversation they supposedly had was so shocking and memorable, it seems strange Carson didn't mention it to anyone else until just recently. Anticipating exactly this point, the prosecutor then asks Carson why he didn't come forward sooner. Carson explains that he initially kept the information to himself, but months later, he saw the families of the victims at a press conference on TV. The sight of them grieving broke his heart, so he told his father about the card game

• 17:14Lindsay Graham?

  with Baldwin, and his dad encouraged him to report what he had heard to the police. Sitting beside his lawyers, Baldwin shakes his head. It's all so absurd. He wants to get up there on the stand and tell everyone that this is nonsense. He was mowing his uncle's lawn when the murders happened. He's not a Satanist, he's not violent, he's just a regular kid. But he knows he can't say any of this. His lawyers have advised him against giving evidence. They say the prosecution will twist his words and use them against him. So all Jason Baldwin can do is sit and listen and try to contain his anger as his fate is decided without him.

• 17:54Speaker 03

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• 18:54Speaker 05

  A trucker merges onto the I-10 in New Orleans. He checks his mirrors. The lane is clear. And then, boom. Impact. A pickup truck, seemingly out of nowhere, scrapes down the side of his 18-wheeler. Multiple passengers inside. One man flees the scene. And the driver of the pickup? He doesn't seem all that upset. It didn't feel like a regular accident, because it wasn't. Across the city, truckers are getting sideswiped, all on the same stretch of the same freeway. And behind many of the cases is one person, a Hollywood stunt woman turned personal injury lawyer named Vanessa Moda. This podcast is a story about fake accidents that lead to real consequences and a scheme that ends in betrayal and murder.

• 19:39Speaker 05

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• 20:05Lindsay Graham?

  It's early March 1994 and much of America is transfixed by the sensational court case underway in Jonesboro, Arkansas. Two TV cameras have been set up in the courtroom to capture every moment in the trial of Damian Echols and Jason Baldwin. From Arkansas, the footage is relayed to broadcasters all across the country, including testimony for the prosecution from over a dozen witnesses. These include occult expert Dale Griffins, who explains why he believes the murders were committed by Satanists. He cites the defendant's dark clothes, the murders taking place on a full moon, and even the fact that there were three victims, a sacred number to Satanists.

• 20:45Lindsay Graham?

  Griffin calls it "the root of six," and as everyone knows, 666 is the devil's number. The defense tries to have Griffin's evidence thrown out. It's revealed in court that Griffin secured his PhD from a non-accredited institution without taking a single class in his supposed expertise. Even the prosecution is surprised by that. But Judge David Burnett once again rules against the defense and allows the testimony to stand. More damning, though, is the evidence from a pair of children. Twelve-year-old Kristy Van Vinkle and 15-year-old Jody Medford both claim they overheard Echols bragging about committing the murders at a softball game.

• 21:26Lindsay Graham?

  Echols has admitted to alluding to the killings at different times, but he's always insisted that at worst, he would have been making a joke in bad taste. The jury, though, doesn't seem to share his sense of humor. And despite the best efforts of Echols' defense team to cast doubt on the girls' evidence, it's clear that their words have hit home. Hoping to undo some of the damage, on March 9, 1994, Damian Echols takes the stand in his own defense. Led by one of his lawyers, he talks about his early life and his interest in heavy metal music and Wicca that he insists have been misinterpreted by the prosecution. The last question posed by his lawyer is a simple one: Echols has asked whether he killed any of the three boys. Echols answers, "No, I did not."

• 22:11Lindsay Graham?

  With that, the defense completes its questions and gives up the floor. When he begins his cross-examination, prosecuting attorney Brent Davis doesn't hold back. He quickly focuses on the interview Echols had with the police investigator shortly after the murders, before he became their main suspect. Now, Mr. Eckles, do you remember who asked you those questions? I think it was Detective Ridge. Okay? And he asked you on question three, "Why would someone do this?" Do you remember him asking you that? Mm-hmm. Okay. And your response was that the person was sick or a Satanist. Isn't that correct? Well, he asked me if it was possible that they could be a Satanist, and I said, "Yeah, I guess." Okay.

• 22:54Lindsay Graham?

  So it's your testimony that you didn't say the person was sick or a Satanist, that Mr. Ridge, the officer, is the one who made those statements, and you just agree? That's correct. Let's turn our attention to question number 11. "How do you think the person feels that did this?" Your answer was, "Probably makes them feel good, gives them power." Now, I guess Officer Ridge said that too? No, I use common sense on that. I mean, if someone was doing it, then they must have wanted to. And if they were doing something they wanted to do, it must have made them happy somehow. So in your mind, the person that killed these three kids, it's just common sense that it made them feel good, that it gave them power? It's a common sense perspective from you? Well, pretty much. Killing three eight-year-olds gives you power.

• 23:39Lindsay Graham?

  Okay? Uh, now, Officer Ridge has it that the number of victims was symbolic because three is a special number in some religions. Was that your response? No. So that wasn't your response? You are saying that Officer Ridge made that up, and you just went along with it? I agreed with him, so he would leave me alone. Did you also tell him that each person had a demonic side to them? I believe every person has a good side and a bad side, yeah. Were those your words when you stated there was no control of the demonic portion of people? He asked me, "Did I think there were some people that could not control that side?" And I said, "Yeah, I guess there is." Is that something you've read about in some of your books? No, not really. It's common sense. Davis shares an incredulous look with the jury.

• 24:23Lindsay Graham?

  Common sense again. Is it not correct that you said the killer knew the kids? And asked the kids to meet out there? Is that what you told him? He asked me if that was possible again, and I, I said, "Yeah." So once again, you are saying that you didn't say this? That he just threw out the idea and you agreed to it? Yes, right. And if he says something different, he would be lying about it, right? I wouldn't put it past him. Did you tell him about the killer not being worried about the victims screaming? He asked me if I thought they would be worried about screaming? And I said, "No." And he asked me, "Why not?" And I said, "Well, they were out in the woods." Right. And did you also tell him that the killer would probably want to hear the kids screaming? Well, if he's getting off on killing people, yeah, he probably would like to hear them scream a bit.

• 25:07Lindsay Graham?

  And those were your words, though, right? Yeah, right. So is it also common sense? That whoever kills eight-year-olds can feel good? And whoever kills eight-year-olds would like to hear them scream? Is that part of your common sense philosophy?

• 25:25Lindsay Graham?

  It was a risk for Damien Echols lawyer to let him testify. Perhaps they hoped it would give the jury a chance to see the real man behind the monster created by the media and prosecution. But in the eyes of many in the court, though, Echols' appearance on the witness stand had only damaged his prospects. His answers might have been common sense to him, but to the jurors, it seemed like they sounded more like the words of a killer. On March 18, 1994, after a day of deliberations, the jury finds both Echols and Jason Baldwin guilty on three counts of capital murder. Judge Burnett's announcement in the courtroom is almost drowned out by the cheers of the victims' families. John Mark Byers can't stop himself shouting out in celebration.

• 26:07Lindsay Graham?

  Others just hug their loved ones and sob with relief that it's finally over. Because while their pain will never go away, the knowledge that their son's killers have been convicted provides some sort of comfort. Elsewhere in the court, though, there's devastation. At the defense table, Jason Baldwin bursts into tears. Eccles just stares ahead, numb. Deputies then come to lead them away. They're handcuffed and given bulletproof vests to wear as they're marched out of the courthouse to a chorus of abuse from the crowd. Three days later, their sentences are confirmed. Baldwin must spend the rest of his life in prison, and Eccles will be executed by lethal injection. After the sentencing, Eccles is transported to a maximum-security facility in Varner, Arkansas.

• 26:51Lindsay Graham?

  That prison is like hell on earth. The noise is constant. Inmates scream at the top of their lungs or rave to themselves in angry whispers. Guards shout. Arguments often escalate into fights, and the air is heavy with the constant threat of violence. Around six weeks after Eccles is booked, guards find a knife in his cell. Eccles claims he doesn't know how it got there, but regardless, the punishment is severe: one month in the hole. Solitary confinement is even worse than regular prison. According to Eccles, when he's locked in there, he's denied food and regularly beaten. His only source of solace is the letters of support he starts receiving from the public. He may be shut away, but it seems the outside world has not forgotten him.

• 27:36Lindsay Graham?

  His defense team is already mounting an appeal against his conviction, and Eccles clings to the hope that all three of them can still be proven innocent. By now, though, Eccles' so-called accomplice, Jason Baldwin, has lost his faith. Still only 16 years old, he believes his life is effectively over. From the courthouse in Jonesboro, he was sent 130 miles away to a penitentiary in Pine Bluff in central Arkansas. His first day there played out like a scene from a nightmare. After being strip-searched, Baldwin was taken to a prison bathroom. He kept his eyes fixed to the floor, but he could feel dozens of other inmates watching his every move. One older man squirted a glob of delousing shampoo into his hands, then pointed to the showers.

• 28:20Lindsay Graham?

  Baldwin shivered at the thought of bathing in front of everyone, but he had no choice. As he stepped under the icy water, he noticed the older inmate watching his slender body with a face like a wolf. Eventually Baldwin mustered his courage and told the man to back off. He was in prison for capital murder after all. The old man just cracked a sideways smile and said Baldwin didn't look much like a killer. Sounded like a test, and Baldwin realized that if he was going to survive this new life in prison, he had to be strong. He stared the other inmate down until he shuffled away. Baldwin then muttered something to himself that has become his prison mantra since that day. Be tough. Be tough. As he sees it, the police, the media, and the court have all made him out to be a villain.

• 29:05Lindsay Graham?

  So now, to stay alive, he may have to act like one.

• 29:13Speaker 06

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• 30:13Speaker 07

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• 30:56Speaker 07

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• 31:18Lindsay Graham?

  While Jesse Miss Kelly, Damian Echols, and Jason Baldwin tried to come to terms with their convictions and sentences, outside the prison walls, their families and defense teams have not abandoned them. The guilty verdicts have done nothing to persuade them that Miss Kelly, Echols, and Baldwin committed the crimes. Instead, they remain convinced that the young men are the victims of a terrible miscarriage of justice, and they're determined to prove it. On Echols' defense team is Memphis' private investigator, Ron Lacks. Since the convictions, he hasn't been able to get the case off his mind. He's continued to investigate the murders, obsessed with what he believes to be flawed police work, and he's not the only one with doubts. Outside of the police, no one did much more to put the three teenagers behind bars than

• 32:02Lindsay Graham?

  33-year-old Vicki Hutchison. She went undercover to spy on Damian Echols and later testified against Jesse Miss Kelly in court. But in the weeks since the trial, even Hutchison seems to be having second thoughts. So she reaches out to Lacks's office, and in April 1994, he pays her a visit at her home. Mr. Lacks, please have a cookie. Vicki Hutchison gestures to a plate of chocolate chip cookies and smiles nervously. It's my mother's recipe. She always does them better than me, though. I just can't get the consistency right, but we're not here to talk about cookies. No. What exactly did you call me about, though? You were a little vague over the phone. You said something was bothering you? Do you happen to know who received that reward money?

• 32:46Lindsay Graham?

  It was like $35,000. It was supposed to go to someone who helped convict the killers. Well, now that you mention it, no, I have no idea. I'm not sure anyone ended up with it. That's a lot of money. It certainly is. But that's not the reason you got me all the way out here, is it? Well, people say I should have gotten it. Me and my son Aaron, we broke the case for them. And it burns me up thinking about it. Thinking about what, the reward money? No, the entire thing. Ever since the trials, more and more, I've been thinking that investigation was a little fishy. Lacks takes a cookie and pulls out his notepad. Fishy, huh? Well, how so? Well, I guess I've been reconsidering some things, you know? Remembering some stuff I might have forgotten. I see. Like, for one thing, do you know the cops put a tape recorder in my trailer?

• 33:29Lindsay Graham?

  They wanted to record me talking to Damien Echols, to catch him talking about being in a cult. Uh-huh, if I remember correctly, they said the tape was garbled, too garbled to use. Yeah, well, I never signed a release for that. They said you did. But I didn't. Mr. Lacks, you have no idea the kind of pressure I was under. The same time all this was going down, my last job was trying to get me arrested for overcharging the company credit card. I mean, the stress, you can imagine. I was hardly sleeping. Yeah, this credit card business. The police ever use that against you? I shouldn't say. They made me swear not to tell. Vicky, what did they do? Come on, this is important. Hutchison leans across the table and lowers her voice. They said they would take care of the credit card charges as long as I agreed to testify against little Jesse.

• 34:14Lindsay Graham?

  Are you saying you committed perjury? What I'm saying is I'm another victim here, Mr. Lacks. Ms. Hutchison, if you're telling me that you did not tell the truth in court, that's a serious crime. You understand that? Well, no, then I'm certainly not saying that. Then, Ms. Hutchison, what are you saying? I'm saying I don't think they did it. In fact, I reckon there's plenty more evidence against certain other people than any one of those boys. And maybe people should be taking a closer look at them instead.

• 34:43Lindsay Graham?

  Over the next few months, Vicky Hutchison calls Ron Lacks's office repeatedly. Each time, she shares more troubling information about her interactions with the West Memphis Police Department. Her statements only cement Lacks's belief that there were deep flaws in the original investigation. Soon though, it won't just be Lacks and the rest of the defense team expressing doubts. Because in 1996, just over two years after Jesse Ms. Kelly, Damien Echols, and Jason Baldwin were convicted, HBO finally releases its documentary about the murders. Titled "Paradise Lost: The Child Murders at Robin Hood Hills," the film doesn't directly contradict the case presented by the prosecution at trial, but it does challenge the notion that Ms. Kelly, Echols, and Baldwin were violent and depraved Satanists.

• 35:28Lindsay Graham?

  And it highlights the factual errors in Ms. Kelly's crucial confession, details that weren't always fully explored in contemporary media reports. The documentary is an instant success. There's a surge of new support for the convicted men, who are now dubbed "The West Memphis Three" by those convinced of their innocence. And with the internet exploding in popularity, fans of the documentary from across the country join together to create an online support group. They start corresponding via email and launch a grassroots effort to overturn the verdicts and secure a retrial. High-profile celebrities like actor Johnny Depp and Pearl Jam singer Eddie Vedder join the movement. But the campaigners don't just fight to clear the names of the West Memphis Three.

• 36:11Lindsay Graham?

  Some of them take a closer look at other suspects who might be responsible for the murders, and one name crops up again and again. John Mark Byers is the stepfather of one of the murdered boys and the former unofficial spokesman for the victims' families. He features prominently in the HBO documentary, but many viewers find his actions suspicious. There are suggestions that he enjoyed the attention of the documentary makers a little too much. Then there's the mystery of the hunting knife he gave to one of the film crew. He denied ever using it, but forensic tests reveal the presence of human blood on its blade, blood that was consistent with that of his stepson Christopher. Byers has always said that he had nothing to do with his stepson's murder, and though

• 36:54Lindsay Graham?

  West Memphis detectives interviewed him about the knife, they insist he was never a suspect either. But the doubts about Byers are about to deepen once again. Since the trial, the Byers family has moved about two hours north of West Memphis, to the city of Cherokee Village, but they haven't been able to escape their troubles there. In September 1994, Byers and his wife Melissa were both briefly jailed for their involvement in the theft of more than $20,000 worth of antiques. Then a month later, a neighbor filed a restraining order against Byers after he spanked their child hard enough to leave a bruise. And then, on March 29th, 1996, another neighbor named Norm Metz answers a frantic knock at his door. It's John Mark Byers, and he's panicking.

• 37:39Lindsay Graham?

  Metz can hardly understand a word he's saying, but eventually follows Byers next door to his home. There, in the main bedroom, Melissa lies still on the mattress, her face deathly pale. Byers tells Metz she won't wake up, and he doesn't know what to do. Metz checks her pulse, but there's nothing there. So he tells Byers to start CPR, and then runs to dial 911. EMTs arrive a few minutes later and discover Melissa unconscious but still alive. She's rushed to the hospital. Doctors can't figure out what's wrong with her, though. She hasn't had a drug overdose, and there's no signs of trauma on her body. Then, just over an hour later, Melissa passes away at the hospital. Her death baffles the authorities. Even an autopsy can't determine why she died.

• 38:24Lindsay Graham?

  At one point, police start investigating the possibility that Melissa was smothered, but they find no evidence of that either. In the end, it's never established whether foul play was involved or not, and no charges regarding the incident are ever brought. Still, Melissa's mysterious death thrusts John Mark Byers right back into the spotlight. Combined with the HBO documentary, to some people, Byers suddenly looks like a plausible suspect in the murders of the Three Little Boys, and the campaign for justice for the West Memphis Three is growing in strength. But winning in the court of public opinion alone won't be enough for Jesse Miss Kelly, Damien Echols, and Jason Baldwin. If they are to clear their names and reclaim their freedom, the West Memphis Three will

• 39:05Lindsay Graham?

  have to convince a far more skeptical audience, the same legal system that convicted them in the first place.

• 39:15Lindsay Graham?

  From Wondery, this is the third episode of our series on the West Memphis Three for American Scandal. In our next episode, Damien Echols, Jason Baldwin, and Jesse Miss Kelly desperately attempt to appeal their convictions, but a series of setbacks leaves them on the brink of despair before, at last, some form of justice is done.

• 39:39Lindsay Graham?

  American Scandal is only possible because of listeners like you, so thank you. And don't miss an episode. Be sure to follow American Scandal on Audible or wherever you get your podcasts. And Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. And to find out more about me, including my other podcasts, my live show, the history tours I'm arranging, and all sorts of other things, go to historyishuman.com. That's historyishuman.com. If you'd like to learn more about The West Memphis Three, we recommend the book Devil's Knot: The True Story of the West Memphis Three by Mara Leverett, and the three-part HBO

• 40:21Lindsay Graham?

  documentary Paradise Lost. This episode contains reenactments and dramatized details. And while in most cases, we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited, and executive produced by me, Lindsay Graham, for Airship. Audio editing by Mohamed Shazib. Sound design by Gabriel Ghul. Music by Thrun. This episode is written and researched by Terrell Wells. Fact checking by Alyssa Jung Perry. Managing producer Emily Burke. Development by Stephanie Jans. Senior producer Andy Beckerman. Executive producers are William Simpson for Airship, and Jenny Lauer Beckman and Marshall Louie for Wondery.

• 41:04Speaker 08

  Ghosts aren't real. At least, that's what journalist Tristan Redmond always believed. Sure, odd things happen in his childhood bedroom, but ultimately, he shrugged them off. Until he discovered that he wasn't alone, that everyone who lived thereafter him also had bizarre experiences they couldn't explain. And it gets even weirder. It just so happens that his wife's great-grandmother was murdered in the house next door. Is this ghost somehow connected to her murder? He decides to go where no son-in-law should, digging up a cold case and asking questions that nobody wants answered. Like, could his wife's great-grandfather have gotten away with the perfect crime? This is a podcast about family secrets, overwhelming

• 41:46Speaker 08

  coincidence, and the things that come back to haunt us. For the best bingeable series like Ghost Story, listen to the Audible True Crime Podcast wherever you get your podcasts. Audible subscribers can get all episodes early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.