CHARLES JASON BALDWIN

DIRECT EXAMINATION BY JOHN PHILIPSBORN

[Vols. 2 and 3 - BMHR 294-380]

I am now 31 years old. (BMHR 322). My mother’s name is Angela Gail
Grinnell, and my father’s name is Charles Larry Baldwin. I have two younger
brothers, Larry Matthew Baldwin and Terry Ray Grinnell. My father was not
living with the rest of the family members in 1993. (BMHR 322-323). My family
lived in the Lake Shore Trailer Park in Marion, Arkansas, which is north of West
Memphis. The trailer park had a few hundred trailers in it.
My mother was working in May, 1993. At the time, she had a live-in
boyfriend named Dennis “Dink” Dent. He had been living there for a month or
two. (BMHR 324).
My mother worked the late shift which started at 2:30 or 3 p.m., and she got
home at 10:30 to 11:30.
Either Dink Dent or myself were responsible for watching the children. My
recollection was that Dent left our home permanently on May 6, 1993 after I
returned from school. (BMHR 325-326). I remember that day because it was
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when the boys’ bodies were found. My Mom told me to stay at home with my
brothers. Plus her and Dink had been in an argument the night before, and she
kicked him out, so she wanted to make sure that we knew what she wanted us to
do.
My normal routine in the household was for me and my brothers to get ready
for school, and to catch the school bus in the morning. (BMHR 326-327). At the
time I was going to Marion Senior High School. The bus stopped three or four
trailers down from my trailer, and the bus would usually get there between 7:30
and 8. Normally I would get up to get ready for school at 6 in the morning.
(BMHR 327).
It took about 30 minutes for the bus to get us to school.
In May of 1993, I was in the 10th grade, but I was smaller than other persons
in my age group. I weighed about 112 pounds. (BMHR 328). I was not a fighter.
The only fight I remember being in around that time, I got licked. I was not into
violence.
My school day ran from 8:15 to 3:15 in the afternoon. (BMHR 329).
I was not involved in the killing of the three boys in West Memphis on May
5, 1993. I have never been involved in the killing of anyone. I deny any
involvement with Damien Echols and Jessie Misskelley in the killing of the three
boys. (BMHR 329).
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My experience with the court system and lawyers before 1993 was in the
juvenile system when I was around eleven. I had been placed on probation when I
was 11 years old. (BMHR 303). However, my first real attorney-client
relationship was with Paul Ford and co-counsel Robin Wadley. (BMHR 331).
I recall seeing my lawyers once or twice a month prior to trial, though there
would be times I did not see them at all. During trial I saw them almost every
evening. (BMHR 331-332).
When I met with my lawyers, they did most of the talking–Paul did most of
the talking for the lawyers. At age 16, I was fairly passive. (BMHR 332-333).
I do not recall the lawyers asking me much about my family background, or
seeking information about the family that would allow them to go out and conduct
interviews. (BMHR 333-334). They never talked to me about how my case was
being put together, or how a capital case works. (BMHR 334).
I told my lawyers I was innocent. I told them I had people who knew where I
was on the day of the murders, and the day after. (BMHR 334). Most of the
questions they asked me “were about Damien”. It seemed to me that Paul Ford may
have thought that Damien was guilty. They also talked about where I was on May
5 and 6. (BMHR 334). I thought I gave my lawyers the information they needed.
I talked to my lawyers about friends and neighbors in part because I realized it was
being said that I was a Satanist and a devil worshiper. I felt that there were people
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who could talk about me like Mrs. Littleton, our neighbor, who knew me. (BMHR
335-336). I don’t recall the lawyers spending time with me to discuss my
background, school and community history, or what helpful information persons
might have about me. (BMHR 335-336).
I recall telling my lawyers that on May 5 I got my brothers up for school.
After school I recall returning to my house and seeing Damien and Domini sitting
on the hood of an unusable car that was sitting in the front yard. Ken Watkins,
another friend, came over. (BMHR 336-337). We were playing Super Nintendo.
I told the lawyers that Dink was there. Dink told me that I had a call from
my uncle who wanted to know if I was going to go over and cut his grass. (BMHR
337-338). I told the lawyers that my uncle was Hubert Bartoush. My uncle lived in
West Memphis close to the Boy’s Club. (BMHR 337-338). I told the lawyers that
Echols, Domini and I walked from Lakeshore to my uncle’s house. I described our
route of travel over the overpass, through the Walmart parking lot and past
Kroger’s straight to my uncle’s house. By the time I cut the front lawn at my
uncle’s house, Echols and Domini had left. Echols had relayed word through Ken
Watkins that he had to go call his mother. (BMHR 338).
After Watkins told me that, I finished mowing the lawn. My uncle paid me
ten dollars. Ken Watkins and I had returned to a Walmart, and we ran into an Asian
guy named Kim. Ken Watkins and I played a video game called “Street Fighter 2".
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Watkins stayed there, I returned to Lakeshore. I went home.
When I returned home, Dennis “Dink” Dent was still there, as were my
brothers. I said I was in my home for a while before I went to Adam’s house.
(BMHR 340).
At the time my mother would call home from work. I knew that I had to be
home or else I would get grounded. (BMHR 340-341).
I recall that day that I had tried to purchase a tape recording from Adam,
who lived next door to me. I had gotten money from my uncle, and I used some of
that to buy a music tape from Adam. I went back home after that. I recall eating
supper, and talking on the phone to Holly and to Heather, my girlfriend at the time.
I remember also talking by phone to Damien, and to Jennifer. I also recall talking
to Dink Dent at home that evening. We watched TV before I went to bed. (BMHR
342).
My lawyers did not ask me about who my teachers were, or what classmates
I was friendly with on May 5-6, 1993. I don’t recall being asked whether any of
my school mates might have seen my physical condition on May 6, the day after
the killing of the three boys. (BMHR 343).
I never practiced testifying with either one or both of my lawyers. (BMHR
343-344). The lawyers never brought in other counsel to help prepare me to
testify. I think my lawyer is confusing my case with someone else’s. (BMHR
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344).
My recollection of the discussions that my lawyers and I had concerning my
testimony was that Ford would ask me daily whether there had been anything
presented in court that would make me think that the jury would find me guilty.
(BMHR 344).
I remember that the lawyers and I talked about whether it might be a good
idea to present witnesses who could establish my whereabouts at the important
times, but I could not get my lawyers to tell me whether they had actually talked to
anyone. It seemed to me that I had to tell them over and over again what happened
“without any results”. (BMHR 345).
I don’t recall the lawyers telling me that they had talked to my uncle or been
provided written statements from my uncle and from Dink Dent. (BMHR 345-
346).
We didn’t talk about the options we had about calling witnesses or not. I
would tell them about people who knew where I was that day. (BMHR 346).
I recall that I was writing letters to my girlfriend Heather during that time
concerning persons who might be able to help me establish that I was not guilty.
(BMHR 346-347).
I also told my lawyers about my Mom’s phone records, because of her calls.
I told them to check on calls that night.
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I was not really sure at the time of my trial who makes the decision whether
the defendant takes the stand in his defense. (BMHR 347-348). Paul would just
ask me if I had heard anything that made me think they would find me guilty.
(BMHR 347-348).
I felt I had to testify because the jurors did not know “... who I was. No one
was up there to tell them who I really am, you know, or what I was doing that day.
They didn’t hear anything from me or from my family or anybody that I was
around that day.” (BMHR 348:19-22). But Ford would kind of shrug me off, and
would ask if I had heard anything that made me think they would find me guilty.
(BMHR 349). I remember that there is a part of the HBO film where Ford is shown
talking to me and that is the way he used to talk to me during the case.
I needed glasses to see clearly. During the trial I did not have glasses, and
could not see the faces of witnesses from where I was sitting. When Michael
Carson was called, I didn’t recognize him at all. (BMHR 350).
I never made any statements while in the Detention Unit in Jonesboro about
being guilty. I never told anyone that I had sucked blood out of people or had put
someone’s genitals in my mouth and bit them off. (BMHR 350-351). The first
time Paul told me anything about Carson testifying was when Carson was walking
to the witness stand. I couldn’t see him, and I couldn’t recognize him. My
recollection was that after Carson testified, attorney Ford told me that nobody
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would ever believe Carson. (BMHR 352).
I had wanted to take the witness stand. I was shocked that I wasn’t called to
testify. I was shocked that no one from my family was called as a witness. (BMHR
352). My Mom was heartbroken because she had been excluded from the trial
because she was a witness. Ford never called her. (BMHR 352).
I also did not recall any discussion during which Ford told me he felt that the
Echols defense alibi, or that Echols’ testimony, had not assisted either Echols or
me in our defenses. (BMHR 353-354).

CROSS EXAMINATION BY BRENT DAVIS

I was arrested in early June, 1993. I told a dark haired Detective what I told
you there today.
My lawyers worked on my case actively and consulted with me during the
course of trial. (BMHR 356). I remember that the lawyers had talked to me about
jury instructions and lesser included offenses. (BMHR 356-357). I advised my
lawyers I did not want any instructions on lesser included offenses. (BMHR 357).
I never demanded to be permitted to testify. (BMHR 359). But I asked to
testify and would be told that this was not the time to do so. (BMHR 359).
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I recall telling my lawyers during jury deliberations that I had wished that I
had been called as a witness, and that my mother and others had been called as
well. (BMHR 360). Ford never told me that my family and friends would unravel
on the witness stand. (BMHR 361). He had said that witnesses could become
confused and that it might possibly hurt the case, but Ford never told me that any
specific witness would unravel. (BMHR 361-362).
Ford never discussed the pros and cons of putting on my alibi witnesses.
(BMHR 362). I didn’t realize the my lawyers weren’t calling any witnesses for me
until the jury was deliberating. (BMHR 363).
I acknowledge that I had been locked up with Michael Carson, and that at no
time did I take the stand to challenge Carson’s testimony. (BMHR 363-364).
The necklace that had been acquired by Damien Echols at the time of his
arrest was one that I believe my girlfriend Heather had given me. (BMHR 364-
365). I don’t recall specifically how the necklace had come into Echols’
possession. I did recall the subject of the necklace and possible blood evidence
being discussed towards the end of the trial. (BMHR 365-366).
My mother had some emotional difficulties. (BMHR 369).
As to the phone calls that I had the night of May 5, 1993, we were calling to
one another serially. One of us would call the other. Damien Echols was not at
my house during the phone calls. There was no three-way communication.
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(BMHR 370-371).
I was never made aware of any concerns that Ford had about alibi witnesses.
We never practiced my testimony. I told him everything I did that day. (BMHR
374). I knew I had a right to testify. (BMHR 374). I did not realize however that
my failure to testify would have been called a waiver of my right to testify.
(BMHR 374-375). “I thought I would” be called to testify. (BMHR 375). I recall
asking Paul Ford when I was going to take the stand after Echols testified. (BMHR
376-377). I never agreed not to testify. (BMHR 378).

REDIRECT EXAMINATION BY JOHN PHILIPSBORN

When I was asked, by Judge Burnett, if I had anything to say before he
pronounced sentence, I said I was innocent. (BMHR 379). I acknowledge that I
had told the trial court that I had been satisfied with my lawyers at trial. But also, I
was not advised that I had a right to have my family testify and the right to testify
myself during the punishment phase. (BMHR 379-380).