West of Memphis Page #14

a formal judgment overturning it.

There are still some formidable

legal obstacles to opening that door.

Tell us why you're here today.

I'm here forjustice

and the real killer to be found out.

If I've had to be the spotlight

of people thinking I was involved,

if that kept the case alive

to get where we are today,

I'd turn around

and do it all over again.

Talk about what has been so impactful

in this case that has changed your mind.

Because that day,

you believed he was the killer.

That day I believed

what the state told me.

And it took quite a while

of being blinded,

and when I finally

got my answers,

none of the roads

led to the three in prison.

All the roads and all the evidence

lead to Terry Wayne Hobbs.

This case is outrageous.

People need to get involved and help

on this case. I am happy to get involved,

donating my time,

time from my law firm, pro bono,

because these young men

need a fair trial.

If they're convicted again? Fine.

But do it fair. Do it constitutionally.

It's an endurance test

to keep up with this.

I think I was in my late 20s

when I first heard about it.

I am now 45.

We'd buy Doritos and Skittles

and M&M's.

And we'd sit down, and I'll have napkins

and then Damien would say:

"All right, put out your napkin,

okay, try this, all right."

One Ruffle, two orange Skittles.

All right, get the root beer ready.

"Now eat that, drink that

at the same time, isn't that crazy?"

It's a long, long process. We've all had

to educate ourselves and learn patience.

We'd make a small breakthrough

or something and Lorri and I would

have a long two-hour phone call.

We'd get off the phone,

think this is gonna be a happy ending.

There's gotta be a happy ending to this.

BRAGA:
One thing that could

happen is they could say no.

"Judge Burnett was right.

You lose, no new hearing, Damien.

Sorry, done."

And then he literally is done

in the Arkansas court.

The oral argument today

ts Damien Wayne Echols

v. The State of Arkansas.

RIORDAN:
So we have a situation

here where the Arkansas legislature

passed these statutes out of, quote,

"In response to nationwide concerns"

that innocent persons

were being imprisoned

"and even executed

for crimes that they did not commit."

However, the state takes the position

that the only evidence other than DNA

allowed in a DNA action in this state

is evidence of guilt.

The fact of the matter is

that DNA evidence

that couldn't have been obtained

15 years ago

begins to make things relevant.

Connect to other evidence that did

not appear relevant 15 years ago.

So your interpretation is it's not

really just new scientific evidence.

It's new evidence

across the board that'll come?

Yes, Your Honor.

The animating purpose of this statute

is not to do away

with finality of judgments,

but to test evidence of innocence.

Doesn't that include

the last 17 years?

No, well, I'm sorry.

Does it include the last...?

The last 17 years, or are you limiting

the evidence that can be presented?

RAUPP:
You can't bring in evidence that

is just further reweighing of evidence

that the state post-conviction processes

permit you to make in other forums.

Now certainly he would like to have

a much freer reign

to go back to court

and bring in 17 years' worth of claims

that have been made

and retry his case.

Counselor, what harm is there in

allowing him to present the evidence

from the last 17 years?

I'm sorry?

JUDGE 2:
What harm is there to...? In

allowing him to present all evidence?

RAUPP:
The harm is in the

finality of a criminal judgment

that is not demonstrated

to have any constitutional

or procedural defect

and just to try it again. I mean...

RIORDAN:
We would submit that the court

is to consider the DNA evidence,

along with all other evidence,

whether or not admitted at the first trial.

All simply means all.

LORRI:
I talked to him, actually,

right after the hearing.

Guards came into his cell

and took everything,

everything he owns. All of his books.

Fifty-one books, his journals, his shoes.

When he asked

why they were doing that,

they said they were sick

of seeing him on the news.

It's terribly abusive.

They were horribly abusive to him.

They don't like the death-row thing.

They're trying to get Damien Echols

off of death row

so they can put

two new people in there,

and you know

who them two new people is?

Don't even say it. Me and you.

I ain't never felt the need to have to

try to defend somebody

in our family before,

but now I feel like

my brother's getting a bad rap.

Somebody's got to say something.

He, obviously, is just gonna

keep letting it go and letting it go

because he feels like he's had enough,

you know, and it's...

Somebody needs to say something.

If they're trying to put the blame

on someone,

they need to dig deeper

and find that someone.

AUTOMATED VOICE:

Received December 11th at 11:02 a.m.

SISK:
Ummm... Hello. I

need to speak to somebody,

so please have someone call me.

MAN:
Marker.

GEISER:
State your name, please.

Blake Sisk.

GEISER:
How old are you?

Twenty years old. Okay.

The other day

we got a call on the tipline.

This young man had been a friend

of Michael Hobbs Jr.,

who is the nephew of Terry Hobbs.

Michael Hobbs Jr. Lives in a town

called Mountain Home, Arkansas.

His dad, Michael Hobbs Sr.,

runs a restaurant there,

and they've lived there

for a long time.

First thing he told us was that

when he was about 12 or 13,

he and Michael Hobbs Jr.

Had been playing football in the yard.

And when they got done playing football,

they came into the house,

got a drink and were gonna

go to the basement to play pool.

SISK:
Michael said, you know,

that his uncle and dad

were in their downstairs basement,

and we were gonna go downstairs,

but his dad hollered,

you know, "Don't come down here,

we're busy talking."

So me and Michael

decided to listen in.

Michael Hobbs Jr. Told the witness

that his dad was down there

with his uncle,

sounding like

he might have been crying, saying:

"I'm sorry for what happened

and I regret it."

Michael's dad was just consoling him

about, you know, the situation

and everything would be all right.

"You're not in any trouble."

A number of years later,

he and a friend

were picked up by Michael Hobbs Jr.

In Michael Hobbs Jr.'s truck.

My name's Cody Gott. This is fine.

You can use this for whatever you need

to use it for. You have my permission.

When he picked us up, it was like...

It wasn't the same Michael that I...

You know what I mean? He wasn't...

Wasn't in the same mood

that he usually is.

He's usually outgoing,

like, ready to go do something.

Ready to talk, ready to...

And he was just real quiet.

He wasn't as talkative, and I asked him

what was going on and he...

"What's up, man?"

And he said, he told me that:

"My uncle Terry,

he killed those kids

in that case,

in the West Memphis Three case."

And then he was like, well, "My dad

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