West of Memphis Page #10

that absence of evidence

is not evidence of absence.

Yeah, that's true.

On the other hand,

when you have DNA testing,

and you've gone through every piece

of trace evidence at a crime scene,

and you find nothing

that links the defendants

who have been convicted

to the crime, that is significant.

REPORTER:
This may be Damien Echols'

final appeal at the state level.

If his arguments are denied,

the case then jumps into federal court.

A decision is expected

in about a week.

JACKSON:
All the investigative

findings, the scientific results,

including the DNA, all of that is going

to be presented to Judge Burnett.

Finally, Judge Burnett can consider

this case with all this new information

that wasn't available to him

or the prosecution back in 1994.

And so we were looking forward

to having him reevaluate the case.

We really had high hopes.

RIORDAN:
We wanted to give the attorney

general some sense that it was coming.

We told him that there'd be

these DNA results

and we got into a discussion.

What would you have

to show to get a new trial?

And there was a point of laughter

where one of them said:

"We're gonna set this bar

as high as we possibly can."

Which is to say, we're gonna try

and get a court to rule

"that it is really impossible to ever win

under the Arkansas DNA statute."

People ask us what we're gonna do

whenever I'm out, when we're together.

And we do talk about that. Um...

For Lorri and I, life isn't something that

will happen one day down the road.

You know, we're together now, here.

We're not just in a state

of suspended animation, waiting.

He was 21, I guess, when I met him.

He hadn't yet really started studying

at that point, so it was kind of funny.

You know, I was in a different place

in my life, and... But now,

I mean, I would ask him for advice

before I would ask anybody.

I send him a lot of used books,

and it is really fascinating to look at.

Because when I'm reading a book

or when he's reading,

then we're going through...

As everyone does in their life.

You're going through

specific things.

You have 90 seconds left on this call.

DAMIEN:
Uh, I don't normally read a lot of fiction anymore.

I haven't for several years,

but a couple of days ago,

someone sent me

the new Stephen King book.

You know, I started reading his books

when I was probably 10 or 11 years old.

People have always

undervalued him.

You know,

they look at him as this, um, hack.

This hack writer who churns out

horror novels.

In all of his books at the end,

he always addresses the reader.

You know, he thanks you for going on

this voyage with him,

and so I wanted to read it to you.

"All right, I think we've been down here

in the dark long enough."

There's a whole other world upstairs.

Take my hand, constant reader,

and I'll be happy to lead you

back into the sunshine.

I'm happy to go there because I believe

most people are essentially good.

I know that I am.

"It's you I'm not entirely sure of."

A judge says no to new trial.

REPORTER 2:
Judge Burnett made it clear that

the DNA evidence isn't enough for a new trial

or to overturn the conviction.

David Burnett wouldn't hear

the new evidence.

He complete...

He denied it without even hearing it.

What can you do? I mean, in our minds,

we started to entertain the idea

that Damien might be executed.

BURNETT:
My life would have been a lot simpler

if I hadn't been involved in that case.

I had to fiddle with it for 18 years

and get beaten over the head by folks

that were opposed to what happened.

But I didn't pick and choose,

I just took what came down the pipe.

It's not unusual

for post-conviction motions

to be made in front of the judge

that originally heard the trial.

The theory behind that is the judge

who originally heard the trial

saw all the witnesses testify

and is in the best position

to evaluate the new evidence.

But all of us are victims of bias that

we don't even understand or know,

and sometimes you have

to abandon hypotheses

that you've relied on in the past

and try to freshly evaluate

the evidence.

All of this hoop-de-la about

newly discovered evidence.

There is no

newly discovered evidence.

All of the evidence that was found

originally at the trial scene.

JACKSON:
Judge David Burnett finally

decides to stand for Senate.

We hoped like hell

that he would get elected.

Because once he was elected

to Senate,

he was unable to have anything

to do with this case anymore.

ROLLINS:
So Judge Burnett

heard what he heard,

and he and his jury

made their decision.

It was up to people from all over

the world, and that would be you.

And the people next to you

right now,

coming together to make

some real justice happen.

I would like to read something

to you guys.

"I can't remember what it's like to walk

as a human being anymore."

It's been well over 16 years since

I've actually walked anywhere.

There are times when I've thought,

surely, someone is gonna put

a stop to this.

Oh, well, it does no good

to dwell on it.

Either I waste my energy by focusing

on things I cannot change,

"or I conserve my energy, and

apply it to small things I can change."

Each small thing connects

to make a great, big thing.

And that big thing is

to bring those boys back home.

This is something

I came across today

and it's just a small paragraph of one

of Damien's letters from this February.

"The thing I like most about time is that

it's not real. It's all in the head."

There's no such thing as the past,

it exists only in the memory.

There's no such thing as the future,

it exists only in our imagination.

If our watches were truly accurate,

the only thing they would ever say

is 'now."'

And that's what time it is. Now.

Come gather 'round, people

Wherever you roam

And admit that the waters

Around you have grown a'

And accept that it soon

You'll be drenched to the bone r

If your time to you

Is worth savin' I

Then you better start swimmin'

Or you'll sink like a stone a'

r For the times

They are a-changin' a'

r Come senators, congressmen

Please heed the call 4'

Don't stand in the doorway

Don't block up the hall a'

For he who gets hurt

Will be he who has stalled a'

There's a battle outside

And it's ragin' a'

It'll soon shake your windows

And rattle your walls a'

Oh, the times

They are a-changin' N

One day, I get a phone call

from my manager

saying Terry Hobbs is suing me.

LORRI:
"Dearest Lorri, are the

Dixie Chicks fighting this?"

This is a great opportunity to give

Terry Hobbs his day in court,

"get all the facts out in the open

and let a jury decide."

You swear to tell nothing but the truth,

so help you God? I do.

State your name for the record, sir.

Terry Hobbs.

"DAWSON".

You can put your hand down now.

Could you tell the ladies and gentlemen

why you sued my client?

All of the emotions, distress,

the anger.

"DAWSON".

That her statements caused you'?

Correct.

I didn't say anything about him. I had no

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