TAPE RECORDER HE IS TAPING THE TIME IS 9:06PM.
THIS IS W. P. RAINEY THE MUNICIPAL JUDGE FOR WEST MEMPHIS AND CRITTENDEN COUNTY I HAVE JUST SWORN DET. RIDGE AND DET. GITCHELL IN HERE I HAVE JUST READ THE TRANSCRIPT OF WHAT IS GOING TO BE STATEMENT MADE BY JESSIE M MISSKELLEY ON 6-3-93.
I HAVE COMPLETED THIS STATEMENT AND I HAD A QUESTION CONCERNING WHAT APPEARED TO ME TO BE SOME OBVIOUS DISCREPANCY IN TIME BASED UPON THE INFORMATION PROVIDED TO ME TONIGHT CONCERNING THE INVESTIGATION I HAVE QUESTIONED OFFICER GITCHELL ABOUT THIS AND HE IS AT THIS TIME ABOUT TO EXPLAIN TO ME THE DISCREPANCIES CONCERNING MR. MISSKELLEY'S INITIAL STATEMENT THAT HE WAS IN THE WOODS BY BLUE BEACON AT NOON ON THE DAY THAT THE CHILDREN WERE KILLED WHICH WAS MAY 5TH, 1993, AND THAT THE CHILDREN HAD SKIPPED SCHOOL AND WAS ACTUALLY IN THE WOODS INITIALLY AT 12 NOON. NOW OFFICER GITCHELL YOU HAVE HEARD MY STATEMENT AT THIS TIME I WOULD LIKE YOU TO CLARIFIED FOR ME THE DISCREPANCIES THAT I HAVE POINTED AT IN THIS INITIAL STATEMENT THAT WAS TAKEN?
GITCHELL: YES SIR, UM, I BELIEVE UM THAT MR. MISSKELLEY UH, DID GET CONFUSED IN REGARDS TO TIMING, UH, WHAT HE WAS, WHAT WE WERE TALKING ABOUT AND WANTING QUESTION ANSWERED WAS THE TIME IN WHICH THE UH, HIMSELF AND JASON BALDWIN AND MICHAEL ECHOLS ARRIVED IN THE WOODS?
RAINEY: YOU SAY MICHAEL ECHOLS IS THAT THE SAME AS DAMIEN WAYNE ECHOLS?
GITCHELL: YES SIR, UM, HE ALSO GOES MY A NAME DAMIEN.
RAINEY: OKAY, GO AHEAD
GITCHELL: UH, THE TIME THAT HE STRAIGHT, STRAIGHTEN UP FOR US WAS THAT HE ARRIVED AND THAT'S MISSKELLEY ARRIVED AT 6P.M. IN THE WOODED AREA KNOWN AS ROBIN HOOD HILLS, ALONG WITH DAMIEN ECHOLS AND JASON BALDWIN AND THEN FURTHER STATED THAT THE VICTIMS BEING THE BYERS BOY BRANCH AND MOORE ARRIVED APPROXIMATELY AT 7P.M., INTO THE WOODED AREA AND THAT THE CONTACT AT WHICH TIME ALL PARTIES MADE.
RAINEY: ALRIGHT, NOW UH, OFFICER RIDGE SEE, UH, HAND ME YOUR ? YOU SIGNED THE AFFIDAVIT ON THIS YET? OKAY
RIDGE: THE AFFIDAVIT FOR WARRENT OF ARREST ?
RAINEY: YES, UM HUH, WHERE IS I'M GOING TO NEED IT.
RIDGE: HERE ARE THE TYPED LETTERS FOR WARRENT OF ARREST.
RAINEY: OKAY, OKAY, LET ME, OKAY NOW, ALRIGHT OFFICER RIDGE
YOU HAVE ALREADY BEEN SWORN THAT SWORN THAT YOU SIGNATURE ? CONSTITUTES UH, THAT YOUR STATEMENT UNDER OATH THAT THIS IS TRUTH AND IS THAT CORRECT?
RIDGE: YES SIR
RAINEY: OKAY, PAUSE, OKAY I HAVE READ YOUR THREE AFFIDAVITS FOR WARRANT FOR ARREST ON FOR JESSIE LLOYD MISSKELLEY JR, AND ON FOR CHARLES JASON BALDWIN AND ONE FOR DAMIEN WAYNE ECHOLS AND I'M EXECUTING ALL THREE AFFIDAVITS AND INITIALING OF EACH PAGE OF EXHIBIT "A" WITH MY INITIALS AND DATE. EXECUTING AND ATTACHING TO THE AFFIDAVIT WARRANT FOR ARREST FOR CORRESPONDING PARTIES. NOW LETS, I NEED TO READ THE AFFIDAVITS FOR THE SEARCH WARRANTS AND AT THIS TIME I'M SURE IT'S GOING TO TAKE A LITTLE WHILE LETS TURN THE TAPE OFF AND WE COME BACK ON AFTER I HAD A CHANCE TO READ.
RIDGE: THE TIME IS 9:14.
IT IS TAPING JOHN YOU WANT TO LEAD IT IN GO AHEAD.
FOGLEMAN: THIS IS IN CONNECTION WITH THE AFFIDAVITS FOR SEARCH WARRENT FOR THE OF THE RESIDENCES OF DAMIEN WAYNE ECHOLS, JASON BALDWIN, JESSIE MISSKELLEY AND DAMIEN TEER
RIDGE: DOMINI
FOGLEMAN: EXCUSE ME DOMINI TEER, UH, OFFICER RIDGE, INVESTIGATOR RIDGE, YOU HAVE BEEN PREVIOUSLY SWORN IS THAT CORRECT?
RIDGE: YES SIR, THAT IS CORRECT.
FOGLEMAN: AND THAT IS BY JUDGE RAINEY.
RIDGE: YES SIR
FOGLEMAN: WHO IS PRESENT, I'M GOING TO REFER YOUR ATTENTION TO EXHIBIT "B" TO YOUR AFFIDAVITS FOR SEARCH WARRANT UH, YOU INDICATE THAT THE INFORMATION GIVEN BY THE UH, THE SUSPECT JESSIE MISSKELLEY HAD BEEN CORROBORATE THROUGH INVESTIGATION, I CONDUCTED THE SCENE AND UH, THE EVIDENCE THAT THE STATE CRIME LAB SPECIFICALLY WHAT INFORMATION DID JESSIE MISSKELLEY GIVE YOU THAT WAS CORROBORATE BY THE CRIME LAB OR THE MEDICAL EXAMINER OFFICE?
RIDGE: OKAY, HE GIVE INFORMATION, THAT THE TESTICLES, PENIS HAD BEEN REMOVED BY A KNIFE. BY JASON BALDWIN OF CHRISTOPHER BYERS, THE MEDICAL EXAMINER GIVE US A REPORT STATING THAT, THAT THE TESTICLES HAD BEEN REMOVED MY A KNIFE.
FOGLEMAN: OF THAT PARTICULAR INDIVIDUAL
RIDGE: YES SIR
FOGLEMAN: HAD THAT INFORMATION BEEN RELEASED TO THE PUBLIC?
RIDGE: NO SIR
FOGLEMAN: WHAT WAS, DID HE ALSO GIVE YOU INFORMATION IN REGARDS TO SOME STAB OR GOUGE WOUNDS TO THE FACE OF ONE OF THE VICTIMS?
RIDGE: YES SIR
FOGLEMAN: WHICH VICTIM WAS THAT?
RIDGE: STEVE BRANCH
FOGLEMAN: ALRIGHT, AND DID JESSIE MISSKELLEY UH, TELL YOU WHICH VICTIM HAD THESE TYPES OF WOUNDS?
RIDGE: YES SIR, HE DID HE TOLD US THAT IS WAS STEVEN BRANCH THAT RECEIVED THE CUTS TO THE FACE.
FOGLEMAN: AND UH, DID ANY OF THE OTHER BOYS HAVE THOSE SAME TYPES OF CUTS TO THE FACE?
RIDGE: NO THEY WERE UNIQUE TO THOSE TWO.
FOGLEMAN: ALRIGHT, AND DID THE MEDICAL EXAMINER OFFICER CORROBORATE THIS INFORMATION?
RIDGE: YES SIR
FOGLEMAN: DID HE ALSO GIVE YOU INFORMATION THAT TENDED TO INCRIMINATE HIMSELF?
RIDGE: YES SIR HE DID
FOGLEMAN: ALRIGHT, AND WHAT WAS THAT INFORMATION?
RIDGE: DURING THE COURSE OF THE ATTACK ON THREE VICTIMS ONE OF THE VICTIMS UH, MICHAEL MOORE, FLEED THE ARRA AS TWO OF THEM WERE BEING ASSAULTED, HE ACTUALLY TOOK A FOOT PURSUED CAUGHT MICHAEL MOORE AND RETURNED HIM TO THE SCENE WHERE HE WAS ULTIMATELY KILLED HIMSELF.
FOGLEMAN: UH, AND AGAIN BACK TO THE INFORMATION FROM THE MEDICAL EXAMINER OFFICER DID UH, JESSIE MISSKELLEY INDICATE WHETHER SEXUAL ACTS WERE PERFORMED ON THE BOYS?
RIDGE: YES SIR
FOGLEMAN: ALRIGHT, AND UH, WHAT TYPE OF SEXUAL ACTS?
RIDGE: ALRIGHT, HE INDICATED THAT SODOMY WAS PREFORMED ON ONE OF THE BOYS I'M OT EXACTLY SURE WHICH ONE, BUT IT
WAS SOME SODOMY WAS PERFORMED, THERE WAS ORAL SEX WHEREAS THE BOYS WERE FORCED TO ACTUALLY TAKE PART IN ORAL SEX OF THE GENITALS OF DAMIEN ECHOLS.
FOGLEMAN: AND DID HE, DID HE DESCRIBE HOW THEY WERE FORCED TO DO THIS?
RIDGE: YES HE SAID THAT DAMIEN HAD HIS HANDS ON THE BOYS HEADS AND WAS ACTUALLY FORCING THEM TO DO THE ACT.
FOGLEMAN: ALRIGHT, DID HE SAY WHAT PART OF THE HEAD?
RIDGE: ON THE EARS
FOGLEMAN: ALRIGHT, DID THE MEDICAL EXAMINER OFFICER THROUGH THE AUTOPSY REPORTS AND OTHER INFORMATION INDICATE TO YOU THAT THE EARS ON THE BOYS HAD BEEN BRUISE AS IF GRABBED?
RIDGE: BRUISE, ABRASIONS, AND SCRATCHES ON THE EARS, ON THE BACK OF THE EARS.
FOGLEMAN: AND DID THE MEDICAL EXAMINER OFFICE ALSO INDICATE THAT THERE WAS EVIDENCE UH, NO SODOMY AS A RESULT OF THE OF THE I BELIEVE CONGESTION FROM THE ANUS?
RIDGE: THE MEDICAL EXAMINER REPORT AT THIS POINT WAS NOT SPECIFIC ABOUT THE SODOMY, THE ANUS WAS DILATED, POSSIBLY AS BEING PART, BEING IN THE WATER, PUT AN OPINION AS TO WHETHER OR NOT SODOMY WAS ACTUALLY PERFORMED THEY COULD NOY GIVES US AT THIS TIME.
FOGLEMAN: BUT THEY INDICATE THAT THE ANUS WAS DILATED?
RIDGE: YES
FOGLEMAN: ALRIGHT, ALRIGHT, DO YOU, ARE YOU REQUESTING THROUGH YOUR AFFIDAVIT FOR A SEARCH WARRANT THAT A NIGHT TIME SEARCH BE AUTHORIZED?
RIDGE: YES SIR I AM
FOGLEMAN: AND BASED UPON YOU INVESTIGATION DO YOU BELIEVE THAT ITEMS THAT ARE BEING SEARCHED FOR AND LISTED IN THIS AFFIDAVIT FOR SEARCH WARRANT ARE IN EMINENT DANGER OF REMOVE OR COULD BE DESTROY OR DISPOSED OFF?
RIDGE: YES SIE, DO TO THE FACT THAT THESE BOYS ARE A CLOSE KNIT GROUP CULT MEMBERS, WHICH HAS BEEN VERIFIED BY OTHER INDIVIDUALS OF THE COMMUNITY OTHERS WITNESSES WHO WE HAVE INTERVIEWED, UH, WE KNOW THEY ARE VERY CLOSE AND WHEN THEY DISCOVERY THAT ONE WE HAVE IN CUSTODY NOW IS MISSING FROM THEIR GROUP, THEY ARE VERY LIKELY TO DESTROY ANY EVIDENCE THAT MAY BE IN THEIR POSSESSION OR IN THEIR RESIDENCE.
FOGLEMAN: AND IS ONE OF THE SUSPECTS IN CUSTODY AT THIS TIME?
RIDGE: YES SIR
FOGLEMAN: AND DID THIS SUSPECT IS THAT JESSIE MISSKELLEY?
RIDGE: YES SIR IT IS.
FOGLEMAN: AND DID HE INDICATE ANY CULT TYPE ACTIVITIES?
RIDGE: YES SIR HE DID.
FOGLEMAN: ALRIGHT, BRIEFLY DESCRIBE WHAT HE DESCRIBED?
RIDGE: ALRIGHT, HE HAS CONFUSED TO AND STATED THAT HE HAS PARICIPATED IN CULT ACTIVITIES IN WHICH ANIMALS HAVE BEEN KILLED, UH, HOMOSEXUAL ACTS HAVE BEEN PERFORMED, SEXUAL ACTS BETWEEN MALES AND FEMALES HAVE BEEN PERFORMED, THESE ANIMALS YOU HAVE, THAT HAVE BEEN KILLED ON OCCASION HAVE BBEN PHYSICALLY EATEN BY SOME OF THE MEMBERS AND ITS A REGULAR OCCURRENCE AT THESE MEETINGS HAVE TAKEN PLACE.
FOGLEMAN: I DON'T HAVE ANY THING FURTHER JUDGE RAINEY.
RAINEY: OKAY, IS THIS YOUR SIGNATURE ON THE AFFIDAVITS FOR EACH OF THESE SEARCH WARRANTS?
RIDGE: YES SIR, THEY ARE MY SIGNATURES.
FOGLEMAN: DO YOU HAVE ANY QUESTIONS JUDGE RAINEY?
RAINEY: NO I DON'T, I DON'T HAVE ANY QUESTIONS AT THIS POINT. WHERE IS THE (SEARCH WARRANT)
FOGLEMAN: RIGHT HERE, I KNOW
RIDGE: THAT IS A TYPOGRAPHICAL ERROR, WE ARE TAPING.
FOGLEMAN: ON THE STATEMENT OF INVESTIGATION OF JESSIE MISSKELLEY WHERE YOU ARE READING HIM RIGHTS THE TYPED TRANSCRIPT UH, SAYS ON PAGE 2 UH, OKAY AT THE BOTTOM OF THE FORM THERE IS A WAIVER OF RIGHTS , THAT SAID I HAVE READ THIS STATEMENT RIGHTS, I UNDERSTAND WHAT MY RIGHTS ARE AND I WILLINGLY TO MAKE A STATEMENT AND ANSWER QUESTIONS, THEN IT SAYS, I DO NOW WANT A LAWYER, IS THAT WHAT WAS SAID ON THE TAPE?
RIDGE: NO SIR, I'M READING THE FORM AT THAT POINT AND WHAT WAS ACTUALLY SAID I WAS I DO NOT WANT LAWYER AT THIS TIME.
FOGLEMAN: OKAY, TYPOGRAPHICAL, ERROR ON THE PART OF CLERK?
RIDGE: YES SIR THAT IS CORRECT.
RAINEY: WE ASK THAT THE TAPE BE MADE APART OF THE AFFIDAVIT CONSIDERED ALONG WITH THE AFFIDAVIT, OKAY LETS GO OFF THE TAPE JUST A MOMENT PLEASE. PAUSE
RAINEY: OKAY THIS IS JUDGE PAL RAINEY AND I HAVE REVIEWED ALL AFFIDAVITS AND SUPPORTING DOCUMENTS, AND EXHIBITS FOR THE AFFIDAVITS FOR WARRANTS AND SEARCH WARRANT AND BASED UPON THE SAME I'M CONVINCED WITH UH, THAT THERE'S INCRIMINATING STATEMENTS MADE BY MR. MISSKELLEY AND THAT HE HAS DISCLOSED ENOUGH INFORMATION TO SHOW THAT HE IS WORTHILY OF BELIEVE PARTICULAR IN LINE OF THE DETAILS, FACTUAL STATEMENTS MADE ABOUT THE CUTTING OF ONE OF THE VICTIMS, UH, SPECIFICALLY IDENTIFYING THAT VICTIM, CONCERNING CUTTING OF THE VICTIM'S GENITALS AND THE OTHER VICTIMS HAVING HIS FACE CUT. I AM AWARE THAT INFORMATION HAS NOT BEEN RELEASED TO THE PUBLIC AND MR. MISSKELLEY WOULD HAVE NO WAY OF KNOWING THOSE SPECIFIC PARTIES BEING INJURED IN SUCH A MATTER WITHOUT HAVING BEEN THERE. HE HAS SHOWN AN UNDERLINING BASES OF FOR THE BELIEVE THE INFORMATION IS CREDITABLE AND RELIABLE INDICATION IS THAT UH, THERE WAS CRIMINAL ACTIVITIES WAS OBSERVED THE STATEMENTS MADE WERE MADE IN FACTUAL MANNER AND NOT CONCLUSIONARY LANGUAGE UH, AND I'M BASING BY SIGNATURES ON THIS BASED UPON THE FACTUAL STATEMENTS MADE WHETHER THAN CONCLUSIONS. I AM ALSO COGNISE OF FACT THAT ALL THREE SUSPECTS ARE CLOSE FRIENDS AND ARE MEMBERS OF A CLOSE KNIT CULT, GROUP OF SOME TYPE AND ITS EXTREMELY LIKELY THAT IF INFORMATION REACHES ANY OTHER POTENTIAL CULT MEMBERS OR ANY ONE OF THE THREE OF THESE INDIVIDUALS THAT THERE WOULD GREAT LIKELY HOOD OF THE IMMEDIATE DESTRUCTION OF THE VITAL POTENTIAL EVIDENCE IN THIS MATTER AND THESE OBJECTS TO BE SEIZED OR IN DANGER OF IMMEDIATE REMOVAL OR DESTRUCTION, AND ARE MOST LIKELY IN THE CUSTODY OF THE DEFENDANTS IN THIS MATTER AND BASED ON THAT I HAVE SIGNED THIS AFFIDAVIT WHICH ALLOWS A NIGHT TIME SEARCHED.
FOGLEMAN: YOUR HONOR DOES THAT SUPPLEMENT THE STATEMENTS MADE THE SEARCH WARRANT ITS SELF AS FAR AS FINDING PROBABLE CAUSE?
