THE COURT: Alright, the audience is gonna have to either have a seat or get out. One or the other. Alright, go ahead.
DAVIDSON: Ready, your Honor? Ok. Yesterday we received, uh, we'd asked many times about something from --
THE COURT: Wait. The record should reflect this is out of the hearing of, in presence of the jury. Alright, go ahead.
DAVIDSON: Thank you, your Honor. Several times we had requested from the West Memphis Police Department anything that they had received from the FBI, regarding any sort of behavioral analysis any sort of um -- what's that called when they do the composite --
DAVIDSON: -- profile, or anything of that nature, uh, anything that they had gotten. We understood that what we had was everything. Yesterday, Mr. Fogleman, I believe, just received it yesterday from the police department. They hadn't given it to him before?
FOGLEMAN: No, no, it's in their files, um, and I had -- I don't know whether I had it or not. I talked to Inspector Gitchell and he said he thought that he had provided it. But it, that is not -- he also said that what had been requested was whether or not a behavioral profile had been done. And that is not a behavioral profile.
DAVIDSON: Your Honor, I thought this was an open file policy. We thought we had everything, there's some new stuff that we just got yesterday. You'll notice this is a fax from the FBI and it starts on, this is page nine. And we'd like the first nine pages, too. We may want to call this guy as a witness. And, and, we just don't know. We would like to see the first nine pages of the fax, know what those are, and uh, we may ask for a continuance at that point.
THE COURT: Do you have the other nine pages?
FOGLEMAN: Your Honor, I don't know.
(MUMBLING IN BACKGROUND)
DAVIDSON: Your Honor, we'd also request a copy of the report of Lisa Sakevicius -- if there is one -- regarding any candle wax.
FOGLEMAN: I don't know if there is one. She said that what she puts in her report is when there are matches. She claimed that didn't match anything.
THE COURT: Is it in the report that you have?
PRICE: No sir.
DAVIDSON: No, we've never heard that until it came out today.
THE COURT: No, I remember something about her testimony from uh, in Corning, where she started to say something about she found something else and it was interrupted and prevented from saying what it was, or didn't say, but I think she attempted to before.
PRICE: I think that was about the poster that was found in Mr. Baldwin's --
THE COURT: Is that what it was?
PRICE: Yes sir. I went through her transcript.
(MUMBLING IN BACKGROUND)
THE COURT: What's that?
DAVIS: ...two day continuance, nobody would know. We could just keep the jury in the back room. It would all seem the same to them.
THE COURT: Heh.
PRICE: Judge, while they're looking for that, there's one other oral motion I'd like to make at this time.
THE COURT: Okay.
PRICE: At some point in the next day or two we'll be beginning the defense of Mr. Echols and we'd like to, at this point -- and of course, the weather may pose a problem with this -- we'd like to make an oral motion to the Court pursuant to A.C.A. 16-89-118(b)(1), "Conduct a View of the Crime Scene for the Jury." The statute allows:
In the opinion of the Court if it is necessary that the jury should view the place in which the offenses charged were to have been committed or any material fact therein it may order that the jury be conducted in a body in the custody of proper officers to the place which must be shown to them by the judge or person appointed by the Court for that purpose.
And we're requesting that -- particularly based on even questions brought out today about how the ??? is the crime scene -- we're requesting it be, the Court allow the jury to be conducted to a view of the crime scene.
FOGLEMAN: Your Honor, we don't have any objection, the only, the only thing, that somehow a cautionary instruction -- I think -- would need to be formulated because of the fact that number one, it doesn't look the same now as it did then because of the foliage. Uh --
THE COURT: Was it June the 5th?
FOGLEMAN: May the 5th.
PRICE: May 5th.
THE COURT: May the 5th?
FOGLEMAN: Your Honor, also the fact that, I'm not exactly sure, the customary way that people go in and out of there. Or, at that time there was either, there was a trail from the Blue Beacon, I believe, and also there was one across the pipe. Some of those jurors I don't think need to be going across the pipe. I don't think that it would be safe for some of the jurors to do.
DAVIDSON: I think they can go through the Blue Beacon way.
THE COURT: Well there's a, there's a ten foot cyclone fence there now.
FORD: Uh, can they go across that bridge Jessie talked about?
FOGLEMAN: That's further down. Um, your Honor, that's the only problem I see. Because what I see happening is if you take them in through the field through the -- more or less the back way -- you're taking them in a way that's different from what the kids went and everything else. I don't know how you would compensate.
THE COURT: I'll take that under advisement.
FOGLEMAN: (IN BACKGROUND) ...I know the way everyone customarily went in. There are trails there. Even Ron Lax knows there's one from the service road.
DAVIDSON: You're gonna take that under advisement?
THE COURT: I'll take that under advisement. Now if it's rainy and wet like it is now, I'm probably not gonna do it.
THE COURT: If, uh, we can't arrange transportation other than a Greyhound bus, I'm not gonna do it, so those are some factors you need to be looking into. Both the State and the defense. On how we can transport 'em and...
WADLEY: Your, your Honor also --
THE COURT: Pardon?
WADLEY: Could we have an opportunity to consult on this before we commit to the Court whether or not we object or are in favor of this view? I don't know -- this is the first I've heard of this, Judge.
THE COURT: One defendant wants it and one doesn't, is that what you're trying to --
WADLEY: I don't know.
THE COURT: Are you going to pull that stuff again, is that --
WADLEY: Judge, We are not pulling any stuff.
THE COURT: Okay, well, is that what you're saying?
WADLEY: I'm saying, Judge, this is the first I've heard of a view of the crime scene until right this very minute. I want to be able to talk with my co-counsel --
THE COURT: Go ahead. I'm taking it under advisement. I'm not making any ruling on it.
WADLEY: Can we have until in the morning, Judge, to formulate our opinion?
THE COURT: You can have until day after tomorrow or the next day.
DAVIDSON: Your Honor, can I inquire of the State how long they're going to be, um --
THE COURT: You can inquire 'em, I'm not gonna make 'em answer.
DAVIDSON: Your Honor --
PRICE: Can you tell us when you want our witnesses here?
DAVIDSON: -- when do we need witnesses here?
THE COURT: If I were you, I'd have 'em here by 1 o'clock tomorrow.
PRICE: Thank you.
DAVIS: Who's going first with their defense? Is that, is there some sort of rule, does it go in alphabetical order...
WADLEY: They are.
PRICE: Well, we hadn't talked about that.
THE COURT: Do you object to that?
DAVIDSON: I don't think so. I think we can have people here and ready to go. But it'd sure help if we knew when.
THE COURT: I'd say about 1 o'clock tomorrow you better be ready. Anything else?
PRICE: No sir, that's it.
DAVIDSON: We're still waiting on this, to find the rest of this material.
THE COURT: Well...so the court reporter can go. As far as I'm concerned these last nine pages of the fax are not a psychological profile prepared by the FBI. This is a behavioral analysis interview. It's a form, uh --
PRICE: Which was the basis of the interrogation of our client, Judge. You'll notice approximately 8 of the 15 questions were exactly asked of our client.
THE COURT: These are 12 questions that somebody recommended that you ask a witness or perpetrator or suspect. And it even gives you samples of how to ask the question and basically why, but this is nothing more than a manual or a suggestion. And it doesn't fall within what I would call a psychological profile at all under any circumstances. And, you know, I'd think the police department would be fools if they didn't call around and ask for help.
DAVIDSON: Okay, your Honor --
THE COURT: And that's what this amounts to. I'm going to put it in evidence as a pro offer of proof, but. I don't know what remedy you're asking for or what you're --
FORD: We object to the document being introduced into evidence.
FOGLEMAN: He said he's putting it in as a proffer.
THE COURT: Well I don't care whether you object or not. I'm going to put it in the record as an offer of proof.
DAVIDSON: Your Honor, just so I understand. Are you saying that they don't have to turn over the first nine pages?
THE COURT: No. I'm telling them to give you the first nine pages. I'd like to see 'em too.
FOGLEMAN: I'd like to see them, too, your Honor. I've got -- let me see if I can find them.
THE COURT: But you're telling me that you don't have a psychological profile prepared by any expert by the FBI.
FOGLEMAN: That's correct. Do not.
THE COURT: Alright. Well this, this is a kind of a check sheet. This is I would do this if I were you type information.
DAVIDSON: That seems to me to be the basis for their questions.
THE COURT: So? So? What is your objection?
FOGLEMAN: Someone's grandmother may have suggested a question to them, so what?
DAVIDSON: Our objection is we want to see the rest of it. We may want to call this guy as a witness.
THE COURT: What would he be a witness to?
DAVIDSON: A witness as to procedures.
THE COURT: Procedures for what?
WADLEY: Judge, he might be a witness as to what that is.
DAVIDSON: Interrogation. We don't know what it is until we see it, your Honor. All we know is that we get something and it's the last half of it. Doesn't that make you wonder what the first half is or the first nine pages are?
THE COURT: I dunno. A lot of things make me wonder.
WADLEY: Judge, judge --
THE COURT: Huh?
WADLEY: One small matter I'd like to inquire about, because I'm not sure about the discussion the other day. Your Honor, there was discussion today between Mr. Fogleman and Mr. Davis and Mr. Price and Mr. Davidson concerning this knife that Dr. Peretti examined and the presence of a red material in this knife. They raised the issue --
PRICE: Barbara, is this on the record? This is not on the record.
WADLEY: And --
UNKNOWN: Wait. You want this on the record?
WADLEY: Yes, I do.
THE COURT: Well, we'll do it tomorrow then. The court reporter's going home. So am I.