Testimony resumed on April 2, 2009. It was then
announced that the testimony of attorneys Stidham and Crow would be concluded.
BMHR 1455. During the further discussion which included Misskelley’s lawyer
Jeff Rosenzweig, and State counsel Kent Holt, the presence of the Misskelley trial
file, and the existence of an index were discussed. The State offered the index as
ABSTRACT 132

State Exhibit 6. BMHR 1457-8.
The Court and counsel also discussed the June 3, 1993 statement to police
by Misskelley, and agreed that it was played at trial. The transcript of the
statement was received at BMHR 1459. The defense preserved its original
objections to the statement. The state then asked to introduce the December 10,
1993 interview of Misskelley by Mr. Stidham and Dr. Wilkins. BHMR 1460-1. The
State also introduced Misskelley’s post conviction February 8, 1994 statement
made at Pine Bluff, and another Misskelley statement also from Pine Bluff of
February 15, 1994. BMHR 1461-2. This was followed by a February 17th
statement, which Misskelley objected to as having been subject to a grant of
immunity. BMHR 1462. The transcript was introduced, as were two taped
Misskelley statements of February 23, 1994, one involving attorney Phillip Wells,
and the other Misskelley and attorney Stidham. This was followed by a brief tape
of March 2, 1994 involving Misskelley and Stidham.
The State also referenced the Stidham billing records as Exhibit 29. BMHR
1463-4. Judge Stidham was then recalled for cross-examination. BMHR 1465.
Witness Dan Stidham recalled at Volume 7, BMHR 1465, on crossexamination.
Cross-examination is resumed by Kent Holt, Esq. with the Attorney
General’s office. Also identified are David Raupp, Esq., and Mike Walden, County
ABSTRACT 133

Prosecutor. Mr. Holt resumed the examination. BMHR 1465.

DAN STIDHAM, RECALLED

CROSS EXAMINATION BY KENT HOLT RESUMED

My billing records are an accurate reflection of my participation in the
defense of Misskelley’s case. The notations being pointed out are an accurate log
of what I was doing in the case. The billings I am being shown reflect both my
activities and those of Mr. Crow. (BMHR 1470).
I do not dispute that we first met Misskelley around June 8. He didn’t seem
to understand who we were. I don’t recall if I taped or noted that conversation. I
would have left everything in the files I provided to the new lawyers. I think the
index of the files was probably prepared by them. (BMHR 1476).
Going over the memoranda in my file, including the one of September 24, I
recall Misskelley not being particularly accurate. Misskelley had said until my
ephiphany in September that he had been there. His accounts changed. I had been
influenced by information that the blood on Misskelley’s shirt was inconclusive
and could not be matched with his. It is also true that Jessie had maintained that he
had never gotten any blood on him. (BMHR 1487).
I probably was first made aware of Misskelley’s statement on June 10,
according to an entry in my billings. (BMHR 1490).
ABSTRACT 134

Now that you are showing me some notes, I recognize that we have some
file memos, some of which are legible and others are not. (BMHR 1498). There
are some notes from an interview with Misskelley in my file. The interview was
June 11, 1993. It was marked as State’s Exhibit 12E. It describes what he is
telling me, which is that he had seen pictures of the three boys a week before the
murder at a cult meeting, the notes continue that the three teens were in the water.
Damien hollered at them. Jason hid in the weeds. The boys started fighting with
Damien, Jason started fighting with them. Damien stuck his penis in one boy’s
mouth, Misskelley hit one of the boys. Jason ‘screwed’ the blond boy in the mouth
and in the butt. Misskelley realized it was time to stop. Misskelley helped one of
the boys up. Damien screwed the Boy Scout. Jason stabbed one of the boys in the
face. Misskelley choked the Boy Scout. Damien and Jason threw them in the
water. They were kicking around. All of this was on June 11, 1993. (BMHR
1508).
I knew I had to ask him questions because the blond boy wasn’t the one who
was castrated, but that is what Misskelley was saying. He was back and forth on
what had happened. Misskelley simply couldn’t give me a narrative. (BMHR
1510).
I did eventually, once I found out that there was no clear DNA match, meet
ABSTRACT 135

Mr. Lax. I think it was that day that I had lunch with him. (BMHR 1519). Lax
said he would mail me an article that had appeared in a magazine about Richard
Ofshe.
I had been trying to prepare him (Misskelley) to testify, so when you ask me
about my concerns that he kept saying they were tied up with a brown rope, I
would ask him if he wasn’t actually talking about shoe laces. (BMHR 1526-1527).
[Volume 6 ends at BMHR 1527.]
[Volume 7 begins at BMHR 1528, Stidham testimony continuing at BMHR
1529.]
At that point, I was trying to do the same thing the police had been doing, to
give him some options. I was trying to prepare him to testify. I was concerned
that he would be impeached because he could not get the story straight.
I may have screened Misskelley’s correspondence. I don’t recall. But I may
have been concerned that he was very suggestible.
It is true that I have sent material, since the conviction, to some people who
operate a website. (BMHR 1540-1541). I get a fair number of inquiries about the
case. [Misskelley objects to questioning about the website, and its relevance. The
Court rules that it is relevant as demonstrating Mr. Stidham’s performance. The
Court limits use of third party hearsay from the websites. (BMHR 1546-47)]
ABSTRACT 136

The tape of the August 19, 1993 session shows that I am trying to explain to
Misskelley the options that he had, and the plea offers.
As I testified before, I also prepared a number of motions. I asked other
lawyers for motions. I received no assistance from the Death Penalty Resource
Center.
When you ask me further about communications with Misskelley, it was not
until I saw how Dr. Richard Ofshe conducted his interview with Misskelley that I
began to understand that there was a better way to communicate with him than I
did. I did not understand how to deal with a client with his handicaps. (BMHR
1557).
In reviewing the statements that Misskelley gave me, it was my view that if I
had witnessed a traumatic event, I would at least know what time the killings
occurred, and get certain of the information that I was concerned about right.
On the issue of sexual assault on the boys, Misskelley was all over the place,
including after he heard the Medical Examiner testify about it. I think he was all
over the map with things that would have been obvious to anyone who was
actually there. (BMHR 1564-65).
As you take me through the detail of my billing records, they are consistent
with my recollection that while I was working steadily on the case from June
ABSTRACT 137

through the middle or latter part of September, it was not until the later part of
September that I received the information from Mr. Fogelman about the DNA, and
we started then organizing ourselves differently. Once I had the epiphany, we
started cataloging everything we just kind of ignored. (BMHR 1589). We had
started communicating with experts on false confessions, and were dealing with
additional suppression of statement matters.
In October I did participate in some interviews of witnesses, including
potential alibi witnesses.

April 2, 2009 session ends with Judge Stidham still on the stand. BMHR
1612; on April 3, 2009, BMHR 1613,