West Memphis Three | Beyond a Reasonable Doubt | 3

0:00American Scandal uses dramatizations that are based on true events. Some elements, including dialogue, might be invented, but everything is based on historical research. This episode contains descriptions of murder and violence against children. Listener discretion is advised.

0:32It's the evening of February 17th, 1994, on a highway in rural Arkansas. 30-year-old attorney Dan Stidham races through the darkness. His eyes occasionally flick from the road to the clock on the dashboard. He doesn't have much time. Earlier this evening, he had a call from a deputy prosecutor in the small town of Rector in Northeast Arkansas. He told Stidham that his client, 17-year-old Jesse Miss Kelly, was going to make another statement about the murders of the three boys in West Memphis. But this was news to Stidham. Miss Kelly has recently been sentenced to life behind bars for the killings, but now that the trial of the other alleged murderers Damien Eccles and Jason Baldwin is approaching, The authorities have taken Ms.

1:15Kelly out of prison and brought him to a law office in Rector to talk with prosecutors. And Stidham fears that unless he stops him, Ms. Kelly is about to do something he'll regret. So after a frantic 45-minute drive, Stidham speeds into Rector. He storms into the conference room at the law office, his face red with rage.

1:38Stidham finds Ms. Kelly in handcuffs, chatting casually with the prosecutors. Jesse, don't say another word to them. Gentlemen, I demand to speak to my client in private. The others file out of the room without a word. Miss Kelly gives Stidham a confused smile. Hi, Mr. Stidham. Are you everything all right? No, Jesse, it's not. I told you not to meet with the police or anyone else unless I was there. Well, they said if I talked to them, my girlfriend could come see me. When did they tell you that? They've been coming by myself. What? For how long? Miss Kelly shrugs. A while. Jesse, God, you should have told me about things like that.

2:15We were just talking. Are they trying to convince you to testify against Damien and Jason next week? Yeah, but I thought you didn't want to testify. That's what you told your dad, isn't it? But Mr. Stidham, I don't like jail. Oh, Jesse, I know. I'm already stuck there for the rest of my life, and the cops say they can make it easier on me. I just want to see my girl. Jesse, look, if you testify against Damien and Jason now, it could make it harder to appeal your conviction. Don't you understand? Miss Kelly stands up in frustration. God, anything I do, there's always someone telling me I'm doing it wrong.

2:48I'm not telling you you're doing it wrong. I'm just trying to help you, Jesse. Well, that's what the police say, too. But I'm your lawyer. I'm on your side. So let me ask you again. Did you kill those three boys? No. I told you that a thousand times. Did Damien and Jason kill those boys? No. I mean, I don't know for sure, but I wasn't there if they did. then you can't go saying otherwise, Jesse. That's all there is to it. Well, what difference does it make? What difference does it make? I told you, what about your appeal? As your attorney, I'm strongly advising you to rethink this decision. Well, all I've been doing is thinking, Mr.

3:24Stidham. I'm sitting in that cell all day long and people are yelling things at me and I can't see my dad and I can't see my girl and the police won't leave me alone. There's a sharp knock on the door and Stidham scowls. We're not finishing here. No, I think we are. I know you're trying to help Mr. Stidham, but I've decided I'm going to tell them whatever. Then I'm going to see my girlfriend and then I'm going to go back to prison forever because none of it matters anyways. As Jesse Miss Kelly is led away, Dan Stidham sinks into an office chair, shaking his head. Miss Kelly doesn't understand what he's doing.

3:58He's just a kid and it's Stidham's job to protect him. So after allowing himself a moment of despair, Stidham goes looking for a telephone. Maybe Miss Kelly's father can get through to him. Somebody has to be able to stop this. Talking to prosecutors now won't just put his own future in jeopardy. It could ruin the lives of Damien Echols and Jason Baldwin, too.

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6:14In early 1994, Jesse Miskelley was convicted of the murders of second graders Michael Moore, Christopher Byers, and Stevie Branch. Because the crimes had been so brutal, police in West Memphis, Arkansas, had jumped to the conclusion that the boys were tortured and killed as part of a satanic ritual. But the case had all hinged on Miss Kelly's confession. He had told police that he killed the boys alongside two other local teenagers, Damien Echols and Jason Baldwin. Miss Kelly's attorneys had argued that he was coerced into talking and that the police took advantage of him, but by then it was too late.

6:49The confession had been made. And now, a few months after Ms. Kelly's conviction, his alleged accomplices were preparing for their own trials. And just like Ms. Kelly, Eccles and Baldwin would face an uphill battle against a public and police who were already convinced they were guilty. This is Episode 3, Beyond a Reasonable Doubt.

7:13It's February 1994 at the county jail in West Memphis, Arkansas. Attorney Paul Ford is escorted through the echoing halls to his client's cell. Ford is representing 16-year-old Jason Baldwin in his upcoming murder trial. And since Baldwin's arrest last year, Ford hasn't been able to bring him much good news. But today, not only does he have good news for Baldwin, he also has pizza.

7:39Hey, Jason, how are you? Is that pizza? Have a slice. You look like you need one. Baldwin grabs a slice and eagerly takes a bite. Oh, this is amazing. You have no idea how bad the food is here. Well, I'm bringing it to you because we have a reason to celebrate. Actually, two reasons. One is that Jesse Miss Kelly has changed his mind again. So he's not going to testify against us? Apparently his dad sat him down and made him see the line. So this is a major win for us. All right, Jesse. I knew he would do the right thing, but what's the second reason? The second reason is that the state wants to make a deal.

8:13What kind of deal? The prosecution is willing to ask the judge for a reduced sentence for you, maybe 40 years. And that's good? Well, it's better than the death penalty. What would I have to do? You'd have to testify against Damien. Well, no way. It's not as bad as it sounds. No, no, I won't do it. A few minutes on the stand could change everything. I'm not going to get up there and lie. Well, Jason, they just sentenced Jesse to life. And you're only 16 years old. That's a long time behind bars. But we're innocent. You believe me, right? Look, you and Damien are being tried together. I hoped I could get you two separated, but they're not going to have it.

8:50And that means the jury is going to hear how Damien's been in mental hospitals, how he's a witch, and God knows what else. He's a Wiccan, not a witch. Jason, you know as well as I do that people think he's weird. Witch, Wiccan, it's not going to matter. And I'm sorry to say it, but that might be enough to convict and take you down with him. No, no, no, I don't want to talk about this again. I know Damien can be odd. I don't know why he is the way he is, but we didn't kill anyone. So I'm not going to go in front of the court and say we did. Are you asking me to lie? No, no, of course not. But do, do think this through, please.

9:24Talk to your parents. Without Jesse to testify, we've got some real leverage for the first time. What, what if I talk to the prosecutors again? Maybe we can get them to knock the sentence down even more. I mean, 20 years sounds a whole lot better than a lifetime, right? Look, Mr. Ford, I don't care if they offer to get me out right this second. I'm not taking a deal if I have to lie. Thanks for the pizza, though.

9:49On February 19th, 1994, the trial of Jason Baldwin and Damien Echols gets underway in Jonesboro, Arkansas. The town is 60 miles north of West Memphis, and the hearing has been moved there at the request of the defense. They feared it would be impossible for Baldwin and Eccles to receive a fair trial in West Memphis, where almost everyone in the local community seems dead set against them. Jonesboro is about twice the size of West Memphis. Home to Arkansas State University, it's slightly wealthier and better educated than most other places in the region. But if Baldwin or Eccles hope that people in Jonesboro will be more willing to give them the benefit of the doubt, then they are soon disappointed.

10:29Finding 12 people willing to act as jurors doesn't prove easy. 150 locals are summoned for jury duty, but only 62 show up, and many of them are soon dismissed. With all the rumors of cult activity and the horrific nature of the crimes, the potential jurors tell the judge they simply can't be impartial. The jury selection process ends up taking most of the first week. But finally, on February 28, 1994, a group of jurors is seated, and testimony in the trial can begin. That morning, Damien Echols takes his place at the defense table. He's wearing a striped shirt, buttoned up to the collar without a tie.

11:07His long, dark hair has been cut since his arrest, but it still hangs in curtains around his face. He pushes it behind his ears as he looks around the room. There's a soft murmur of tense conversation. Lawyers huddle together, making last-minute plans. The families of the victims cling to each other for support. And off to one side, leaning against the witness box, are two children's bicycles with evidence tags hanging from their handlebars. At the other end of the defense table is Jason Baldwin. With his hair also cut short and a baggy shirt that almost hangs off of him, he looks even younger than he usually does.

11:44The pair's eyes meet for a moment as their lawyers take their seats between them. Then a door opens, there's a shout for everyone to rise, and the judge, David Burnett, sweeps into the room. From the outset, it's clear that the state knows the physical evidence against the two defendants is thin. At the scene of the crime, the police only found a few fibers that could be linked to either Eccles or Baldwin, but these come from mass-produced clothing that's sold in stores all over the country. There's also a knife that was found in a lake between the two boys' trailers. It has a serrated edge, which is consistent with the victim's injuries, but there's no way to prove it's the murder weapon.

12:20And although Damien Eccles has been seen carrying a similar-looking blade, there's still no proof that this particular knife ever belonged to him. So with such little physical evidence to call on, and with Jesse Miskelley now refusing to testify, it's the allegations about Satanism that form the backbone of the prosecution's case. This is where fractures start to appear between the two defense teams. Lawyer for Damian Eccles know his occult interests are a weakness, and they plan to counter the prosecution's claims head-on. But Baldwin's team wants to bar the prosecution from mentioning the occult at all.

12:56They point out to the court that unlike Eccles, Baldwin is not a Wiccan. In fact, he has never shown any interest in the occult, alternative religions, or magic. There's no reason to believe he's anything other than an ordinary Christian boy. and it's unfair on him to imply otherwise. Judge David Burnett can see their point of view, but he still refuses to bar the prosecution from mentioning cults. He accepts the argument that it's crucial to the case against Damien Eccles. But what he does do is instruct the jury to disregard any testimony about the occult when it comes to Baldwin. They are only to consider Satanism when contemplating Damien Eccles.

13:33Baldwin's defense doubts the jurors can follow these directions. their biggest worry has always been that the jury will convict Baldwin purely on his association with Eccles. That's why they've repeatedly requested severance for Baldwin to be tried separately from Eccles. But again and again, Judge Burnett has rejected that plea. Now Baldwin's attorneys have no choice but to make the best of a bad situation. Among the first witnesses called is West Memphis Detective Bryn Ridge. He was on the scene when the bodies were discovered in the Creek, and he describes to the court how the boys were found tied and mutilated.

14:07Under cross-examination, though, he's forced to reveal that the West Memphis Police Department's handling of evidence was far from ideal. Two exhibits submitted as evidence in the trial were only recovered from the scene months after the murders, and the defense implies that this is proof that the investigation was inept. Detective Ridge is followed on the stand by the medical examiner who performed the autopsies on the three boys. Aided by photographs and diagrams, he gives detailed and often disturbing evidence about the injuries suffered by the victims. But when the discussion turns to time of death, he takes the court by surprise.

14:42When he appeared as a prosecution witness at Jesse Miss Kelly's trial, he refused to pinpoint the time of the killings. And at first, in this trial, he sticks to that approach again, calling such calculations more of an art and not a science. But under pressure from the defense, he eventually gives an estimate, telling the court that the killings likely took place on May 6, 1993, at some time between 1 and 5 a.m. That's radically different from any timetable suggested by either the police or the prosecution, and the state's lawyers are left seething. In the first few days of the trial, the defense has introduced doubt about both the competence of the police investigation and the accuracy of the prosecution's timeline.

15:24So sitting at the table, alongside his defense team, Jason Baldwin, feels a glimmer of hope. The prosecution evidence against him seems slight and circumstantial, but then, on the third day of the trial, a witness he doesn't recognize takes the stand. 16-year-old Michael Carson pushes his sandy shoulder-length hair away from his face as the prosecution lawyer begins his questions. Carson tells the court that after being convicted of burglary back in August of 1993, he served a week at the same jail as Baldwin. Although the two weren't cellmates, he claims he spoke to Baldwin in a common area twice.

16:01He says that on both occasions, they played cards together. The first time they met, Carson states that he asked Baldwin whether he really was a killer. Baldwin denied it. But according to Carson, during a second game the following day, Baldwin casually confessed to murdering the three eight-year-old boys. Carson says he then went into gruesome detail. Baldwin allegedly told him about how he dismembered and disfigured his victims and how he sucked blood from their genitalia. There's shocked silence in the courtroom at that remark. At the defense table, Baldwin can only stare in disbelief at what he's hearing.

16:36He doesn't even remember meeting Carson, let alone talking to him. And if this conversation they supposedly had was so shocking and memorable, It seems strange Carson didn't mention it to anyone else until just recently. Anticipating exactly this point, the prosecutor then asks Carson why he didn't come forward sooner. Carson explains that he initially kept the information to himself, but months later, he saw the families of the victims at a press conference on TV. The sight of them grieving broke his heart, so he told his father about the card game with Baldwin, and his dad encouraged him to report what he had heard to the police.

17:12Sitting beside his lawyers, Baldwin shakes his head. It's all so absurd. He wants to get up there on the stand and tell everyone that this is nonsense. He was mowing his uncle's lawn when the murders happened. He's not a Satanist. He's not violent. He's just a regular kid. But he knows he can't say any of this. His lawyers have advised him against giving evidence. They say the prosecution will twist his words and use them against him. So all Jason Baldwin can do is sit and listen and try to contain his anger. as his fate is decided without him.

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19:45It's early March 1994, and much of America is transfixed by the sensational court case underway in Jonesboro, Arkansas. Two TV cameras have been set up in the courtroom to capture every moment in the trial of Damian Echols and Jason Baldwin. From Arkansas, the footage is relayed to broadcasters all across the country, including testimony for the prosecution from over a dozen witnesses. These include occult expert Dale Griffins, who explains why he believes the murders were committed by Satanists. He cites the defendant's dark clothes, the murders taking place on a full moon, and even the fact that there were three victims, a sacred number to Satanists.

20:27Griffin calls it the root of six, and as everyone knows, 666 is the devil's number. The defense tries to have Griffin's evidence thrown out. It's revealed in court that Griffith secured his PhD from a non-accredited institution without taking a single class in his supposed expertise. Even the prosecution is surprised by that. But Judge David Burnett once again rules against the defense and allows the testimony to stand. More damning, though, is the evidence from a pair of children. 12-year-old Christy Van Vickle and 15-year-old Jody Medforth Both claim they overheard Eccles bragging about committing the murders at a softball game.

21:07Eccles has admitted to alluding to the killings at different times, but he's always insisted that at worst he would have been making a joke in bad taste. The jury, though, doesn't seem to share his sense of humor. And despite the best efforts of Eccles' defense team to cast doubt on the girls' evidence, it's clear that their words have hit home. Hoping to undo some of the damage, On March 9, 1994, Damien Eccles takes the stand in his own defense. Led by one of his lawyers, he talks about his early life and his interest in heavy metal music and Wicca that he insists have been misinterpreted by the prosecution.

21:42The last question posed by his lawyer is a simple one. Eccles is asked whether he killed any of the three boys. Eccles answers, no, I did not. With that, the defense completes its questions and gives up the floor. When he begins his cross-examination, prosecuting attorney Brent Davis doesn't hold back. He quickly focuses on the interview Eccles had with the police investigators shortly after the murders, before he became their main suspect. Now, Mr. Eccles, do you remember who asked you those questions? I think it was Detective Ridge. Okay. And he asked you on question three, why would someone do this?

22:21Do you remember him asking you that? Mm-hmm. Okay. And your response was that the person was sick or a Satanist. Isn't that correct? Well, he asked me if it was possible if they could be a Satanist. And I said, yeah, I guess. Okay. So it's your testimony that you didn't say the person was sick or a Satanist, that Mr. Ridge, the officer, is the one who made those statements, and you just agreed. That's correct. Let's turn our attention to question number 11. How do you think the person feels that did this? Your answer was probably makes them feel good, gives them power. Now, I guess Officer Ridge said that too?

22:57No, I use common sense on that. I mean, if someone was doing it, that they must have wanted to. And if they were doing something they wanted to do, it must have made them happy somehow. So in your mind, the person that killed these three kids, it's just common sense that it made them feel good, that it gave them power. It's a common sense perspective from you. Well, pretty much. Killing three eight-year-olds gives you power. Okay. Okay. Now, Officer Ridge has it that the number of victims was symbolic because three is a special number in some religions. Was that your response? No. So that wasn't your response?