From Holly Ballard’s blog on www.westmemphis3.org
I left the last round of hearings encouraged by the brilliance of the defense witnesses, sometimes darkly humored by their demonstration of the ridiculous legal proceedings masquerading as justice in this case. However, driving up last night, I began to dread the twisted grasping by the prosecution as it would try to resurrect an unfounded and unconscionable case. So far, it turns out those fears were unfounded. All the prosecution has managed to do is rehash the search that led to the bodies, making a feeble attempt to “prove” that no animals were present at the crime scene. Defense attorneys Blake Hendrix and Michael Burt fairly easily rebutted this testimony. I’d say this has actually been one of the most anticlimactic days in court so far, but it’ll be in the news again, which is almost as important as any bearing it will have on Burnett’s decision.
First witness: Mike Allen
Allen is currently the Asst. Chief of the West Memphis Police Department and was a sergeant in 1993. Testimony began by Allen describing aerial photographs of the area surrounding the “10-Mile Bayou,” the drainage ditch where the boys’ bodies were found. Allen testified that in the process of retrieving a tennis shoe that had been earlier spotted floating in the water, he fell in. He was knee- to thigh-deep in the water when he felt with his leg something in the water. When he lifted his leg, he discovered the first body (Michael Moore), which had not been visible and “kind of floated to the top.” He testified that the water was not totally stagnant but was not moving very fast, that the bottom felt “kind of mucky,” and that he did not see any animals in the woods nor any type of aquatic life in the ditch. When the body surfaced, he backed out of the water and stood on the bank until other investigators arrived on the scene. Detective Bryn Ridge then searched downstream and located the two other bodies. As far as security is concerned, Allen testified that the crime scene was roped off with tape and a log was kept of everyone who entered the crime scene. The bodies were removed from the water and placed on the bank. Detective Ridge found clothing pinned to the bottom of the ditch with sticks. The ditch was sandbagged and the water was pumped over the sandbags. Again, Holt asked Allen if he noticed any aquatic wildlife during the pumping process or that remained after the pumping was complete.
Here’s where I chime in on this issue: ever seen a kid chasing tadpoles? I’d think any five-year-old could tell you that if you stir up water in a creek, wildlife scatter, which Hendrix later pointed out on redirect. Besides that, Allen testified that the floating shoe was the “furthest thing from his mind” after the bodies were found. True, they searched the ditch bed for 6 or 7 hours for evidence (weapons, etc.), but were they focused on looking for turtles, tadpoles, etc.? Would they have noticed if they’d been there? He also testified that the mosquitoes either were not present or he didn’t notice them. Any Arkansan will tell you it had to have been the latter. (Later, following Hendrix’s cross-examination noted below, Jessie’s attorney Michael Burt took and drove these points home. He asked Allen if he was aware that Ridge had been on the scene that morning, I think I heard on a three-wheeler, obviously scaring away animals. Allen testified that it did occur to him that poisonous snakes and other dangerous animals might be in the water, but that he didn’t notice these or any turtles, etc., on the surface of the water. Burt again pointed out that Allen wouldn’t have been able to see to the bottom of the water.)
Once Holt rested, Defense Attorney Blake Hendrix picked up to cross-examine, at which point Allen’s memory suddenly began to fail. I wish I had a dollar for every, “That I don’t recall.” Allen testified that three other people were there when he arrived, but he was the first person to actually get into the water and the only person to do so that day. (At least, that’s what I understood, but maybe I was mistaken because later he testified that it was Ridge who found the last two bodies.) Allen actually fell in the first time he attempted to reach the shoe and then crossed over the ditch and entered the water again. Hendrix pointed out the splash that falling in would have made, and the fact that if the water was murky enough not to be able to see a body, they wouldn’t have been able to see marine life either. Allen testified that he couldn’t say whether, by 1993, he’d had any training in child homicides, and said that he had not had any training regarding bodies found in water. Regarding Ridge’s methods, all Allen could say was that Ridge found the bodies by starting upstream and wading in the water. Hendrix eventually got Allen to concede that all this movement could plausibly have scared any marine life away. Hendrix then asked a pointed question: was Allen aware that animal hairs were found on the bodies? All Allen could say was a quiet, “No sir.” After Burt’s cross and Holt’s redirect, Allen stepped down.
So, although testimony was relatively tame, there were a few surprises. I was surprised, for example, to see Pam Hobbs in the courtroom today, since I hadn’t seen her here before (though she’s been openly supporting the WM3 for a while now). I spoke with her briefly during lunch recess, and she said she was here to request a chance to speak in court. She hopes to tell the court that this case was a rush to judgment, and to consider this new evidence rather than the scant circumstantial evidence presented in 1994. I expressed to her how impressed I am with her courage, and I think I speak for all of us in telling her that I hope for justice for her son as well as for the West Memphis 3. As I left the courtroom, she was speaking to Cecilea Pond-Mayo from Channel 4, and I believe 7 and 11 were filming as well.) I was also surprised not to see John Mark Byers, and more surprised still that I was able to win a staring contest with Judge Burnett (not so much because I won, but because he had his eyes open at all). Also, I just overheard that a suited gentleman I’ve been wondering about all morning is a representative from Attorney General’s office. (For those of you who don’t know, Dustin McDaniel is notoriously unsupportive of this case and is connected to those who helped convict the WM3 in the first place.)
Right before they kicked me out of the courtroom, I overheard Holt say that Bryn Ridge was bringing him something, so I’ll be interested to see what comes out after recess. I actually passed Ridge getting into the elevator, and I hear Peretti is waiting in the wings to testify. It’s so bizarre seeing these people face to face after all this time.
Recess has ended, and the prosecution is carrying in several blown up maps and photos. I’ll update again at the next recess or after the hearings end today.
Free the 3!