[Note: The following trial notes were written by Jerry Moak and originally posted on Usenet on July 20, 1996.)



Jessie Misskelley, Jr. VS the State of Arkansas Case # CR 94-848

The transcripts involve 11 volumes, including pretrial hearings to determine if the trial should be held outside Crittenden County and whether or not there should be separate trials for Jessie Misskelley and the other two defendants, Damien Echols and Jason Baldwin. There is also one post-trial hearing concerning whether or not Jessie Misskelley will testify against the other two.
I have used page numbers in case anyone wants to review the transcript in greater detail. Each page had two numbers - in all cases, I used the page numbers that were handwritten on the bottom of the page.

Background: On May 5, 1993, three 8-year-old boys - Christopher Byers, Michael Moore and Steve Branch - were reported missing. Their bodies were found the following day underwater in a ditch in a wooded area near their homes called Robin Hood Hills. They were bound and one had been sexually mutilated.

Prosecution: Mr Fogelman and Mr Davis
Defense: Mr Stidham and Mr Crow

PRETRIAL HEARINGS

Vol 1, p443. Report - Summary of Investigation

-Boys were last seen riding two bikes toward Robin Hood Hills
-Boys reported missing at 8:10 PM and 9:25 PM on May 5.
-May 6 - 1:30 PM - Moore's body discovered after a black tennis shoe was sighted in a creek. Body was submerged in 2-3 feet of water. Hands and feet were bound by tennis shoe strings. Trauma wound to left forehead. Other two bodies were found submerged approx 5 feet from Moore. Bound in same manner as Moore. Byers had been castrated. All were nude. All clothing was located in the creek near the boys.
-June 3 - Jessie was asked to come to the police department

p446-462 - Attempts by prosecution to get Jessie to testify against Damien Echols and Jason Baldwin after his conviction included offers to let his girlfriend visit him in jail

p464 - Dr Peretti, medical examiner, said time of death was 1 AM to 5 AM on May 6 and that the absence of blood at the scene indicated that the boys may have been killed somewhere else and that Byers' mutilation was done in such a fashion that it was nearly impossible to have been done there and in the fashion described by Jessie. p471 - Dr Peretti's statement regarding the serrated knife - it could have caused some of the injuries. He said that John Byers' knife also could have caused the injuries.

Autopsy:

Michael Moore - head injuries caused by two things - a broad surface area and a small surface area, such as a broom handle, 2x4 or edge of a log. Bruising to the ears and mouth are indicative of children who are forced to perform oral sex. Lip injuries could be caused by a punch or slap or by holding a hand over the mouth. Bodies were in the water for a long time because of the wrinkling. Defense wounds on hands. Skull fractures. Anal dilation that could have been caused by rape, insertion of an object or postmortem relaxation. Water in lungs - evidence of drowning. Cause of death: multiple injuries with drowning - head injuries alone could have caused his death.

Steven Branch - bound - right hand to right ankle with black shoelace. Left hand to left ankle with white shoelace. Abrasions on face and cutting wounds. The knife was twisted. Belt buckle injury on forehead. Injuries on penis indicate either that a belt was wrapped tightly around it or oral sex was performed on it (teeth marks). Ear bruising and mouth injuries similar to Michael Moore's. Anus dilated. Evidence of drowning. Skull fractures. Same cause of death as Moore.

Chris Byers - bound - right wrist to right ankle with a black shoelace. Left wrist to left ankle with a white shoelace. Injuries on face are like from a buckle stud. Ear and mouth injuries similar to other two. Injuries to back of head like from a sharp edge or broomstick. Penis was skinned and scrotal sac is missing. Anus is dilated. Serrated wounds. Skull fractures. Cause of death - bled to death.

-A stick was introduced and Dr Peretti was asked if it could have made the injuries - yes. It was found at the scene but had no blood or tissue on it. A large stick is also introduced.
-No evidence of animal activity or insect bites.
-Exhib E6 - Kershaw folding knife with a lock blade. Sent to Peretti and then to trace evidence lab - had some red fibers on it.
-Chris Byers received a spanking on the day of the murder - bruises on buttocks.

Cross exam of Dr Peretti by Mr Ford
-no evidence of strangulation
-no evidence of sperm
-some mouth injuries may have been caused by a gag
-no injuries to inside of mouth that would have been consistent with oral rape
-no anal hemorrhaging so there was no sodomy
-no wood or bark fragments on any boy
-no blood found at scene and Chris Byers bled to death

Re-exam by prosecution
-submersion in water could delay lividity. Water temp was 60 degrees. Submersion in water could wash away sperm

Re-exam by defense
-all factors were considered in determining time of death

Vol 2, p593

-Discussion of defense strategy. A witness says that he saw Echols and his girlfriend walking near the Blue Beacon Car Wash around 9 that night (May 5) (that is next to the crime scene).
p691 - discussion of police requesting search warrant in which Det Gitchell does not inform Judge Rainy (for search warrant) facts concerning discrepancies in Jessie's confession - Jessie says boys were bound with brown rope instead of shoelaces).

Vol 3 Pretrial Hearing concerning juvenile court

p239 - prior arrests for Jason - 1/13/90 breaking and entering. 11/15/92 shoplifting
p750 - Discussion of Jessie's intellect and mention of police
possessing videotapes of 2 suspects who left West Memphis days after the homicide and who flunked polygraph exams in Oceanside, CA.
p761 - Det Ridge on the discovery of the bodies - In 2-3 feet of water - not visible - first boy (Moore) was bleeding from the nose and ear p835-865 - Testimony by Dr Wm Wilkins, psychologist. Jessie was diagnosed previously as being mentally retarded - IQ of 72, verbal IQ of 70, performance IQ of 75. Reading, math and spelling skills were at 2nd or 3rd grade level. Insecure, cannot cope with the real world. Under stress he reverts to fantasy and daydreaming and at times cannot tell the difference between fantasy and reality. He uses marijuana and has huffed gasoline for 2 years. Has marked deficits in judgement and memory. Diagnosed as paranoid schizophrenic.
-Jessie placed on probation for 3rd degree battery on a 13-year-old girl and criminal mischief for breaking windows
-Dr Wilkins says Jessie is not mentally retarded

p869 - Testimony by Jerry Driver, juvenile court officer, concerning previous criminal activity by Jessie. 8/88 theft of property, 12/92 criminal mischief, 4/93 battery of a 13-year-old girl

Vol 4 - further testimony of Jessie's IQ

p921 - He has no job, does not have a car or driver's license
p936 - blood found on Jessie's shirt is the same type as Michael Moore's but Jessie also has that same blood type
p957 - Testimony by Det Mike Allen concerning first bringing Jessie in for questioning
p969 - Damien Echols was a suspect shortly after the murder. Jessie was brought in for questioning because he was a friend of Damien Echols p972 - A week prior to June 3, Jessie had given info concerning someone he thought might be involved - Tracey L.
-Did not read Jessie his rights until one hour after he had questioned him - then asked him to take a polygraph (Note: in order to give Jessie a polygraph, the police had to get his father's permission. A detective and Jessie left in a car to find his father. When they found him, the detective mentioned a \$40,000 reward for evidence leading to a conviction. Mr. Misskelley signed a permission form.)
p978 - Jessie said he heard a rumor that Echols and Robert B. had done it. Det asked what he was doing that day (May 5) and Jessie said he was roofing with Ricky Deese and got off at 5:00. Said he saw what he thought was one of the boys on a bike hiding under the 7th Street overpass, maybe skipping school. Jessie said he had never been to Robin Hood Hills. Jessie said he was not in a satanic group with Damien. Det said he did not verify Jessie's claim to be working that day.
p998 - Testimony by Det Bill Durham. Gave Jessie a polygraph from 11:15 to 12:15. Told him the results and Jessie remained silent, not talking.
p1009 - Det says Jessie failed the test
p1016 - Testimony by Det Bryn Ridge - says he and Det Gitchell were interrogating Jessie from 12:40 to 2:30 before they began taping. They taped until 3:18.
-Prior to taping, Jessie said the three of them walked to the woods at 9:00. Det leaves room for 60 seconds and Jessie tells Gitchell that he was present during the murders.
p1059 - Testimony by Det Gary Gitchell - he showed Jessie a photo that shocked him. (A crime scene photo of Chris Byers). Then he played a tape of a young boy saying "Nobody knows what happened but me". Jessie then said "I want out. I want to tell you everything." Taped until 3:18. Stopped and taped some more at 5:00. Det talked with Pros Attorney, Mr Fogelman, between tapings.
p1081 - said the photo didn't upset Jessie
p1087 - Testimony by John Fogelman, Pros Attorney - said he asked Gitchell to ask Jessie about the belt marks, bruising on one penis and possibly times.
p1093 - Testimony by Warren Holmes, polygraph examiner and expert (worked on JFK and ML King assassinations) - says that Jessie did not fail the test. Said that detectives should have administered a confirming polygraph (they didn't) and should have taken Jessie to the crime scene (they didn't).
p1120 - Testimony by Jessie's father, Jessie Misskelley Sr. - says no mention of rights when Mike Allen first picked Jessie up. At their second meeting, said Allen said Jessie would get a \$40,000 reward if they got a conviction. Jessie Sr signed a consent waiver.

TRIAL Vol 5

p633 - Fogelman states in judge's office that a knife had been received by the police that had blood of Chris Byers' type (8% of population) and that the knife was not linked to Jessie, Damien or Jason. (This was the John Byers' knife).
p660 - Fogelman states that the investigation is still under way but doesn't want lawyers for Jessie to mention it in open court.
-15 knives have been in the case
p665 - Fogelman says that John Byers said he cut the leg off a deer in November

IN OPEN COURT

p1186 - Testimony by Dana Moore, Michael Moore's mother. She arrived home 10 minutes after he got out of school. He was riding his bike on 14th St with Steve Branch. Saw him at 6:00 with Steve and Chris (they were both on Chris' bike) heading north on 14th St. At 6:00 she sent her daughter out to call him home to supper. She went around the neighborhood but couldn't find him. Saw police at 8:00 at John Byers' house. Michael had gotten home from school at 3:00.
p1194 - Testimony by Pam Hobbs, Steve Branch's mother. She left for work at 4:50. Discovered Steve missing at 9:25 when her husband picked her up from work. She had picked Steve up from school and got home at 2:55.
p1199 - Testimony by Melissa Byers, Chris Byers' mother. She last saw Chris on the carport at 5:30 - 5:45. She drove around looking for him, saw a policeman, and was told to go home and file a missing child report. The officer came at 8:00. It was getting dark. She continued searching. Someone said the boys were seen at the edge of Robin Hood so John Byers and 2 others went into the woods. She said John couldn't find him after school. He picked her up at work in Memphis and they saw Chris when they got home.
p1205 - Testimony by Debra O'Tinger, neighbor. Saw 2 boys in her back yard around 6:00. One was on a bike. Another boy came around from Goodwin Circle.
p1208 - Testimony by Regina Meek, policewoman. Arrived at Byers' house at 8:10. Went to the MacCauley entrance to the woods and went down to the pipe. Weeds were high and mosquitoes were tremendous. Left woods because of mosquitoes and searched other areas until 11:15.
p1211 - Testimony by John Moore, Policeman. Took report at Catfish Island from Ms Hobbs at 9:25. Searched with Ms Byers. No fresh bike tracks in the woods.
p1213 - Testimony by Ryan Clark, Chris Byers' brother, age 14. When he got home from court, he searched for Chris. His dad said he was with Steve Branch. When searching in the woods he heard splashing and rustling but nowhere near where the bodies were found. It was dark.
p1218 - Testimony by Det Michael Allen. Discovered tennis shoes and body at 1:14 PM on May 6. Some of the clothes were stuck in the mud. Included were two pair of black tennis shoes and one pair of white tennis shoes.
The pants were still zipped and buttoned - 2 were inside out.
Victim's bikes were found in 10 mile bayou. One shirt was at the end of a stick that had been stuck in the mud.
p1280 - Testimony by Det Shane Griffin, narcotics. Second body was found 27 feet south of first one. Third body was found 5 feet further. [testimony by Dr Peretti - same as in pretrial hearing]

Vol 6

p1384 - Testimony by Det Bryn Ridge [same as in pretrial hearing] p1388 - Bryn Ridge cont. - said Jessie said that he got 3 calls from Jason - one the day before the murders, one the morning of the murders, and one the night after the murders. Said Jessie said there was a briefcase at
the satanic meetings that contained a couple of guns, marijuana, cocaine and pictures of the boys. Jessie said that Damien had been stalking the boys. Said that Jessie had given the shoes he was wearing that night to Buddy Lucas. Nothing on the shoes linked Jessie to the crime scene. The cult sight near Terrell, AR was examined and there was no evidence of cult activity. Jessie said that several people were in the cult but those people denied it. Information that it was a cult killing was received by the police anonomously. An informant named Ricky C. said Jessie was in a cult. He also identified Michael W. Said he checked with Jessie's boss and that Jessie had gotten off work at 12:30 that day.
p1412 - Testimony by Det Gitchell. Said Jessie said he had been there. Had gone back to the scene later and sat down and cried. In discussing the taped confession, he says that Jessie said the right boy was castrated but called him the wrong name. In the 2nd tape, Jessie described how they held the boys by their ears and forced oral sex.
p1440 - Testimony by Tabitha Hollingsworth. On the night of May 5, at 9:30, she saw Damien and Dominee Teer (Damien's girlfriend) walking beside Blue Beacon and their clothes were muddy.
p1443 - Testimony by Det Gitchell. On tape, Jessie said the 3 of them went to the woods about 9 AM. Said murders took place at noon and the 3 boys skipped school. Said boys were tied with brown rope. Defense points out that Richard C., interviewed on 5/12, said that a boy's penis had been cut off. Also, Dalton K. said he had heard rumors of castration and mutilation and that they boys were beaten to death.
p1461 - Testimony by Vickie Hutchison - her son was friends with the boys. She decided to play detective and became friends with Jessie. A Marion, AR policeman gave her his library card to check satanic books out. Jessie introduced her to Damien and Damien asked her to go to an Esbat (occult satanic meeting) and she and Damien and Jessie went. She left with Damien and Jessie stayed. Her son was the one on the tape played during the confession.
Cross Exam: Said she met Don Bray, the Marion policeman, while being given a lie detector test. Has been convicted of writing hot checks. Jessie spent the night with her the night before he was arrested. Damien drove a red Ford Escort. *[NOTE: According to Dan Stidham, Jessie's lawyer, this woman has now recanted her testimony].
p1479 - Testimony by Melissa Byers. In Feb or March, Chris Byers said that a man dressed in black, with black hair and driving a green car had taken his picture while she was gone to the store.
p1491 - Testimony by Det Bryn Ridge. A search at Damien's house after the confession. They seized black boots that belonged to Jason. No blood was found at the crime scene.
p1495 - Testimony by Det James Sudbury. Said at the night of the arrest, Jason, Dominee, and Damien's sister were at Damien's house. p1507 - Testimony by Lisa Sakevicius, state crime lab. Says there is evidence of DNA indicating presence of semen on victim's pants. Discusses ligature (knots). On Moore, 2 black shoestrings - square knots on left side and half-hitches on the right side. On Branch, black shoestrings on right in half-hitches - white shoestrings on left in half-hitches. On Byers, black shoestring in half-hitches on right side - white shoestring in half-hitches on left side. Skin particles found on Byers' left wrist. Also found fibers on boys' clothes, one of which was similar to a fiber on a shirt found at J's home. Another fiber from a cap was similar to a fiber from one of Damien's shirts. Several other fibers were similar.
Cross Exam: Fibers are microscopically similar but other sources cannot be excluded. No fibers or hair matched Jessie's. Some fibers that matched Damien also matched fibers from the Moore home. A negroid hair was found on the sheet covering Byers' body.
p1524 - Testimony by Ralph Turbyfill, latent fingerprint examiner, state crime lab. No fingerprints on anything.
p1530 - Testimony by Kermit Channel, forensic serologist. No blood on pants. Possibly semen on one.
p1543 - Testimony by Michael DeGuglielmo, of Genetic Design (DNA lab). No DNA from tissue in the ligatures. On stains from victims' pants, cannot say for certain that they are sperm stains.
-Sunset on May 5 was 7:49.

Vol 7

p1554 - Testimony by Jerry Driver, juvenile officer. First saw Damien, Jason and Jessie together on 11/15/92 at Lakeshore Trailer Park. They all had on black coats and had staffs.
p1555 - Discussion in Chambers. Fogelman says that a potential witness (William J.) who said that Damien said he did it now recants. There is a discussion that Investigator Lax may be intimidating witnesses. Buddy Lucas, a witness, said that the police yelled and screamed at him,
threatened to lock him up and bribed him. Lax is Damien's private investigator. This morning, William J. showed up with a woman from Lax's office and said he wasn't talking to anyone unless she was present.
p1566 - Still in Chambers. Exam of Cheryl Aycock, employed by Ron Lax of Inquisitor Inc. She says that William J. confessed that he had been lying to the police.
p1574 - Fogelman says derogatory things about Lax.
p1575 - Exam of William J. - he says he lied about his statement. (The judge denies him a lawyer and then suggests he get one).

p1590 - State rests and Stidham requests a directed verdict. Denied.

p1601 - Defense

p1602 - Testimony by Stephanie Dollar, Jessie's neighbor. Describes Jessie's hairstyle on May 5.
- Testimony by Josh Darby, coworker. Says Jessie stayed with him the night of May 4. He and Jessie were picked up by Ricky Deese at 9:00 for a roofing job. There is no phone in his trailer. They worked till 12:30 or 1:00. They went back to Jessie's house. Jessie said he was going to eat and go to Stephanie's house. At 4:00 he saw Jessie and his girlfriend at Stephanie's house. Jessie came back to Darby's house and stayed for 15-20 minutes. He does not know of any cult activity.
p1613 - Testimony by Ricky Deese, Jessie's employer. He dropped Jessie and Josh off about 1:00. He came back at 1:30 but Jessie and Josh were gone. Jessie's dad told him that Jessie had gone to Stephanie Dollar's house. He has no knowledge of cult activity.
p1617 - Testimony by Susie Brewer, Jessie's girlfriend. Got home at 3:30 and went to Stephanie's house because Jessie was babysitting with Stephanie's kids. Stephanie returned at 4:00 and Susie and Jessie went walking. They talked with Louis Hoggard around 6:30. She last saw Jessie at 7:00 at Stephanie's.
p1625 - Re-Exam - Stephanie Dollar. First saw Jessie on May 5 at 2:00.

She had to go to a teacher conference and asked Jessie to babysit. Got back around 4:00. Saw Jessie during an altercation at the trailer park between 5:00 and 6:30. Last saw Jessie between 6:30 and 7:00. p1637 - Testimony by James Dollahite, Marion police. He answered the call about the altercation at 6:30. Denies that Jessie was there.

(Note: the altercation concerned a woman who slapped a child and knocked her off a bicycle. The police were called and two cars from Marion and one car from the sheriff's department responded. Many neighbors came out to see what was going on, but the altercation did not involve Jessie. Others will be testifying concerning a group going to Dyess, AR that night for amateur wrestling.)

p1650 - Testimony by Jennifer Roberts, neighbor, age 16. She has no knowledge of cult activity. She saw Jessie and Susie about 4 or 4:30.
She saw Jessie and Roger Jones at 11:00 PM when they got back from Dyess. He stayed there until a little before 12. She saw Jessie sitting on Jessie's porch with Christy Jones sometime before 6.
p1662 - Testimony by Christy Jones Moss, neighbor. First saw Jessie at 4:30 with Susie. She and Jessie went to Jessie's porch. Saw Jessie leave to go to Dyess with Marty, Roger, Fred and Bill a few minutes after 7. Cross-Exam: Fogelman says that no mention was made in her statement in October that she had seen Jessie. She says that they just asked her about cult activities. She has no knowledge of cult activities.
p1674 - Testimony by Charles Ashley, neighbor. He saw Jessie during the altercation.
p1681 - Testimony by Jessie Misskelley, Senior. He got home from DWI school and saw Jessie about 7:15 and asked him about the police cars. Jessie left for Dyess about 7:30 with Johnny Hamilton, Fred Revelle, Josh Darby, Dennis Carter and Bill. He did not actually see them get in the car. Discussion concerning a statement he made to reporters that Jessie may have been there at the crime scene but wouldn't have been involved in the murders. Admits he's a convicted felon. (p1689 - Fogelman deliberately tries to make him confused or make a false statement by referring to DWI school as being on May 6 instead of May 5).
p1690 - Testimony by James McNeese, employer of Jessie Misskelley, Senior. Saw Jessie between 6:15 and 6:30 with Dennis Carter. Saw him around 6:30 talking to police. Cross-exam: Said he told police after Jessie's arrest that he would not give a statement over the phone and without a lawyer present.
p1696 - Testimony by Louis Hoggard, neighbor. Has no knowledge of cult activity. Saw Jessie at 6:00 or 6:30 approach a police car in Stephanie's yard.

Vol 8

p1714 - Testimony by Dennis Carter, neighbor. Says he was with Jessie when they saw McNeese and went wrestling with Jessie, Freddie and Johnny. Cross-Exam: He gave a statement to the police on June 9 and did not say he was with Jessie on May 5. He now says he was mistaken.

In the statement of June 9 he said that Jessie told him that Damien was a devil worshipper and had eaten the right leg off dogs. Now denies saying that although his signature is on the statement. Said he didn't read all the statement. In a statement on June 23, in his own writing,
he said that he had never been to Dyess with Jessie and that Jessie usually goes on Monday or Friday.
p1725 - Testimony by Fred Revelle, wrestler. Saw Jessie and went wrestling with Jessie , Keith Johnson, Bill Cox, Roger Jones, Dennis Carter, Johnny Hamilton and Zella Adams. Got back at 11:30.
Cross-Exam: Fogelman questions him about inconsistencies in his statement to police.
p1742 - Testimony by Roger Jones, wrestler. Saw Jessie at 5:30 and again at 7:00 when he came to his aunt's trailer. Talked for 5 minutes and went to Johnny Hamilton's house to wait for Bill. He, Jessie, Fred Revelle, Keith Johnson, Bill Cox, Janice Carter, Zella and Johnny Hamilton left for wrestling at Dyess at 7:15 to 7:30. Got back at 11:15. Sat and talked till 12. Discussion about signing forms at wrestling place.

(Note: There was discussion throughout about the notes being signed at the wrestling place in Dyess. The owner of the auditorium required everybody who was wrestling to sign a note relieving him of responsibility in case of injury. The note was signed only once by each person, not every night. Testimony showed that one person, who signed after Jessie did, was only there on one night and that was prior to May 5. Therefore, Jessie's signature on the note could not be used to establish his presence on May 5).

p1752 - Testimony by Keith Johnson, wrestler. Said he went with Jessie that night and drove his own car while Jessie rode with him from the Exxon station. Does not know the date but he had only been to Dyess once.
p1756 - Testimony by Kevin Johnson, wrestler. (Note: Kevin usually went to Dyess but his brother, Keith, went in his place the night of May 5 because Kevin had to go to a Search & Rescue Team meeting). After the murder, he told Jessie that one of the boys was castrated and
that they were tied up with shoelaces. He got that information from his Search & Rescue Team.
p1763 - Testimony by Rhonda Dedman. Says that Vickie Hutchison was going to split the reward money with her son Aaron and another little boy. Later she said she was going to give it all to Aaron.

-Discussion in Chambers concerning problems with Dr Wilkins, the defense psychologist. Apparently he was having some problems with the Board and may be on probation.

p1820 - Testimony by Ron Lax, private investigator. Says it's hard to see the service road from the ditch - 516 feet, through dense woods. p1827 - Testimony by Marty King, manager of Bojangles. At 9 or 9:30 he discovered a black man in the woman's restroom. There was a bloody armprint on the wall and blood around the toilet. The man had muddy feet and was wet up to his knees. He had bowel movement on him and the floor. One of the man's arms was in a sling. He asked the man to leave and he did 15 to 20 minutes later. He called the police. The police did not come inside to investigate. He and his staff cleaned the room up. The man had tried to flush a pair of sunglasses. Police came the next night and took blood samples and the sunglasses.
p1841 - Testimony by Warren Holmes, detective with Miami police and independent investigator and expert on police interrogation. Regarding false confessions, he says you must look for: (1) Suspect must tell you something you don't already know. (2) Whatever he says should not conflict with the evidence or the crime scene analysis. (3) He should be able to lead you to the fruits of the crime or the weapon. Police should not have to prompt him or lead him with questions. First he does a narrative and then the police start asking questions. When clarifying certain points, if the police are wrong in a supposition, he will tell you that. He will correct you, you don't have to correct him. He usually supplies incidental details. They will describe the behavior of themselves and the victims. They will describe their feelings at the time. They will describe conversations between themselves and the victims and between codefendants. They will describe their feelings since the crime was committed. There must be something that corraborates a confession - a witness or physical evidence. The best test is to take him to the scene and let him walk through the crime and see what happens. Confessions usually come in the 4th hour. Anything from 4 hours on is a diminishing resistance that can lend itself to a confession whether it is false or valid. Regarding Jessie, he said the time factors and ligature were wrong. The confession emanated from questions without a narrative. He's either: (1) Totally innocent and doesn't know the case facts. (2) He was so doped up he doesn't remember what happened. (3) He's psychologically impaired. (4) He wanted to get them off his back and decided he would give the wrong facts and recant later. p1863 - Characteristics of persons who give false confessions: a low IQ, highly suggestible in personality structure, intimidated when in the presence of dominant personalities, always attempting to solve the immediate stress factor, get the interrogators off my back and let me go home, naively assumes they can all straighten it out later on. p1876 - He says he feels the police tainted the mind of the defendant with facts and information about the crime.

Vol 9

p1884 - Testimony by Dr William Wilkins, psychologist. (Note: Dr Wilkins was a witness for the defense but he was having problems with the Board and was on probation. The prosecution knew about this 4 days before the trial but did not tell the Defense. During questioning, the
Prosecution tore him up). He said that previous IQ tests for Jessie gave him 84 and 88. Tests showed that Jessie knew the difference between right and wrong, had the ability to conform his conduct to the law, and was not mentally retarded. He had been diagnosed in the past as being mentally retarded.
p2007 - Testimony by Johnny Hamilton, wrestler. Was at Dyess on May 5 with Jessie, Roger Jones, Keith and Bill. Left around 7:30, picked up Keith. Left Dyess around 10 to 10:15 and got back at 11.

The Jury is out of the room for the following:
p2026 - Testimony by Dr Richard Ofshe, social psychologist. He wants to testify that the confession was involuntary and coerced but the Prosecution and Court won't allow it. At one point (p206 Mr Stidham asked the Court if he could ask a specific question and the Court agreed. When he asked it, the Prosecution objected and the Court sustained.

Vol 10

Away from the jury, Ofshe said the confession was coerced and involuntary, and that the circle technique was used to make Jessie think that if he agreed with the police, they could take him outside the circle. (Note: during the interrogation and before the confession, the police drew a circle with several dots inside and several dots outside. They told Jessie that the dots inside
represented the criminals and the dots outside represented the police.

They asked him if he wanted to be inside with the criminals or outside with the police.) The interrogation then became accusatory. There was 1 1/2 hours of intense pressure during which Jessie would say that he wanted to go home and was told he could not go home, and that
contributed to his sense of helplessness. During this time he began to talk about the existence of a satanic cult and implicate Damien and Jason. He was repeatedly asked questions regarding facts of the crime and, when he guessed and gave the wrong answer, Det Ridge would shake his head 'no'. Jessie said he learned to feed back to the police what they were telling him happened and tried to avoid making mistakes because then they would make him go back through the entire story. They did not believe him when he said he was working with Ricky Deese and knew nothing about the crime. Then he was shown the photo and listened to the tape of the boy and said "I want out." When the tape recording of the confession is started, it is obvious to demonstrate the relentless leading suggestions and unwillingness by the police to accept anything other than what the police knew the facts to be. You can chart the step-by-step moving from an inaccurate statement to a statement that was put in his mouth by police. There were still gross inaccuracies, so Mr Gitchell left to meet with Mr Fogelman and discuss them. Fogelman instructed him to work on these statements. Then there is the second tape. Jessie changes his statement to suggestions and d irect instructions by Gitchell. p2083 - The FBI investigated over 300 cases of child abuse and murder alleged to secret satanic cults and found no evidence that suggests these groups exist. There is no evidence that this is a satanic or cult crime and no evidence of a cult.

(Note: the above testimony was away from the Jury)

p2122 - Dr Ofshe picks the interrogation apart, primarily regarding time factors.
p2142 - Testimony by Det Gitchell. He denies that he 'planted' times in Jessie's mind. Claims that Det Ridge, not Jessie, first said 9 AM and that the transcript is wrong (he played the tape). He said no pressure was used and they did not feed information to Jessie. He admitted there were gaps in the second tape when he conferred with Fogelman.
p2152 - Testimony by Dr Rickert, clinical psychologist. (Note: He is called by the Prosecution to refute Dr Ofshe's testimony although they are not in the same fields. The Prosecution consistently refers to Dr Ofshe as Mr Ofshe.) Dr Rickert says that Dr Ofshe did not use
scientific methods. His testimony is that persons with low IQ may be just as belligerent and stubborn as persons with a higher IQ. He said that Jessie had marked deficits in visual and verbal recall and he would expect such a person to state facts in a non-chronological order, especially after 35 days. He said huffing gasoline, smoking marijuana and alcohol use also impair memory.
He said Jessie does not have a psychiatric disorder. (Note: He is not a psychiatrist and is not qualified to make such a diagnosis). Cross-Exam: He admits that he has never visited or examined Jessie.

p2182 - Away from the Jury, the Court told the lawyers that the Jury wanted to know if telephone records could be secured, but they weren't long distance so that was not possible.

p2182 - Testimony by Pete Mercier, neighbor and wrestler. He went to Dyess one time before the crime and signed a paper. He said he was at Search & Rescue with Kevin Johnson on May 5 and that he was told that news of the boys missing came out over scanners in some of the guys' trucks.
p2184 - Testimony by Deputy Dollahite, Crittenden County Sheriff's Office. Said where he went during the altercation and said he never saw Jessie.
p2188 - Testimony by Officer Joe McAfferty, Marion Police. Said he did not recall seeing Jessie after the altercation. According to the radio log, the police left at 6:59.
p2192 - Testimony by Officer Jason Oliver, Marion Police. Said he did not see Jessie during the altercation.
p2194 - Testimony by Gloria Wilson, who conducts safety programs for DWI's. Said that the DWI class attended by Jessie Misskelley, Senior started at 6:00 and lasted until 7:45.
p2197 - Testimony by Det Bryn Ridge. He said he was unable to get records of telephone calls.

Both sides rest.

p2228 - Fogelman starts closing arguments. There was premeditation from the phone call from Jason to Jessie. Damien had been stalking the boys. The defense witnesses wore yellow ribbons so their bias is obvious - they were trying to help the defendant. Testimony concerning his whereabouts is consistent up until 5:30 or 6. Susie Brewer said she and Jessie were together and at Stephanie Dollar's house between 5:30 and about 7. Jennifer Roberts says Jessie and Christy Jones were on Jessie's porch at 6:00. Christy Jones says she and Jessie were on his porch from 5:30 or 6 until 7 or 7:30. Mr Hoggard says Jessie is by himself in front of Stephanie Dollar's at 6:30. Mr McNeese says around that time he saw Jessie by the police car down the street. Jessie Misskelley, Senior says he sees the police when he gets home but the police left at 6:59 and he did not get home until around 8:00. Inconsistent. The wrestlers were inconsistent about who went or when they went. The last person to sign the sheet was Keith Mercier and he went before May 5 and only went one time. The Bojangles connection doesn't make sense - why would someone clean a crime scene of blood and then leave blood all over a public place. Mr Holmes said that the police didn't do anything wrong. The ligature was not even mentioned until the second tape. Memory lapse could be caused by huffing gasoline, smoking pot and abusing alcohol. He discusses points of the confession, where Jessie corrected the police and conversations among the perpetrators. Tabitha Hollingsworth saw Damien and Dominee on the service road. He compares Dominee's resemblance to Jason. Fibers were matched. The confession was corraborated by the fact that Jessie said he gave his tennis shoes to Buddy Lucas and he did. Further corraboration because Jessie said that one boy was cut in the face and the other in the groin area and the fact that the boys were grabbed by the ears. He says Jessie first mentioned that it happened at night. He belittles Dr Ofshe - said he is not a licensed psychologist but is a professor and professional witness. No scientific evidence that the confession was coerced.

Vol 11

p2268 - Stidham presents closing arguments. Reasonable doubts: (1) Jessie said that Jason called him at 9 PM on May 4 and 9 AM on May 5 but Jessie wasn't home then and Josh Darby doesn't have a phone. (2) Jessie said the boys were raped but the medical examiner said there was no evidence of that. (3) Jessie said he was up by the service road when this was happening, but that's 450 feet through dense vegetation and it's impossible to see through it. (4) Jessie said the murders took place at noon and that couldn't have happened. (5) Jessie said he went to West Memphis with Damien and Jason at 9 AM on May 5, but Jason was in school all day and Jessie was working. (6) Jessie said the boys were tied up with brown rope but shoelaces were used. (7) Jessie said Damien choked Chris Byers with a big old stick but none of the victims were choked. Look at the time line: at 9 AM Jessie is roofing. At 1 PM Ricky Deese drops Jessie off at home. At 2:30 PM Jessie began babysitting for Stephanie Dollar. At 3:30 PM he is joined by Susie Brewer. Many witnesses saw Jessie from 4 to 6. Jim McNeese saw Jessie at 6:15. At 7:15, Jessie Misskelley, Senior sees Jessie. Around 7:30, Jessie leaves for Dyess. The other wrestlers said they were with Jessie until 11:30. From 11:30 to 12, Jessie was with Robert Jones and Jennifer Roberts at their trailer. ( There is no physical evidence linking Jessie to the crime - no footprints, fingerprints, hair or fibers. (9) The cult business - no one on Jessie's list of cult
members could be confirmed. There were no cult artifacts at the crime scene. There were no cult artifacts at Terrel Switch, where the meeting is supposed to have taken place. (10) Jessie has a low IQ and is very suggestible.

p2282 - Final statement for the Prosecution by Mr Davis. Says that the Defense's case is based on the fact that Jessie is a liar and so are the police. He belittles Dr Ofshe as a \$40,000-a-year salesman. As for reasonable doubt, the Defense says "My client's a liar so you should have reasonable doubt". The Defense says there's no evidence the victims were sodomized but there was anal dilation in all three boys and evidence of semen on the pants of one of the boys.
Inconsistencies in time could be related to memory disorders. Some of the defense witnesses are flat liars. Some changed their stories and some were convinced by the Misskelleys to help Jessie out. He belittles the Bojangles connection. He says a cult was involved because a group of people did it.

p2313 - Verdict: Michael Moore - guilty of 1st degree murder
Steve Branch - guilty of 2nd degree murder
Chris Byers - guilty of 2nd degree murder

Range of punishment: 1st degree, not less than 10 nor more than 40 years or life. 2nd degree, not less than 5 nor more than 20 years.

Sentence: maximum, consecutive

POST TRIAL HEARING

This hearing was a discussion as to whether or not Jessie would testify against Damien and Jason. Jessie refused to testify, and the prosecutors began to work on him. p2348 - Fogelman says that Jessie admitted being involved and told Mr Stidham that. p2350 - On the way to the Dept of Corrections, Jessie was said to have admitted his participation. According to Fogelman, Jessie said the same thing to him in Pine Bluff. During a meeting between Jessie, Fogelman and Stidham, Jessie said that a whiskey bottle of a certain brand was hidden under a bridge in West Memphis. The bottle was found where he said it would be. (Note: According to Mr Stidham, Jessie was under severe pressure to testify and had been offered sex, visits with his girlfriend, liquor and cigarettes if he would do so. Fogelman met with Jessie three times without Jessie's lawyer present. Although Jessie identified the location of the whiskey bottle, he could not locate where the bodies were found on a map of the crime scene.)