West Memphis Three | Crime and Punishment | 2

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, violence against children, and discussions of suicide. Listener discretion is advised.

0:33It's late on June 3rd, 1993, in a trailer park in West Memphis, Arkansas. Two police officers march 18-year-old Damian Eccles out of his parents' trailer with his hands cuffed behind his back. Moments later, his friend Jason Baldwin follows. A convoy of police cars surround the trailer, their lights glaring eerily through the darkness. It's been almost a month since the mutilated bodies of three eight-year-old boys were discovered in a wooded area off the interstate on the outskirts of town. Now, Eccles and Baldwin have been arrested on suspicion of committing the terrible crime. Eccles is strangely calm as he's shoved into the back of a police car.

1:13But Baldwin's eyes are wild with fear. He's just 16 years old and looks even younger than that. At 5 '8", weighing just 112 pounds, he's dwarfed by the police officers who push him into the car next to Eccles. Hey, I don't understand what's going on. You've got the wrong people. My name's Jason Baldwin. I'm just 16. Man, they know that, Jason. With a skid of gravel, the police car moves off. Baldwin stares at Eccles. How can you be so calm about all this? I guess I've sort of been waiting for this to happen. You're relieved? No, no. Yeah, I don't know. I told you. I haven't been sleeping. But they think we're killers, man.

1:53Killers. We didn't do anything. Baldwin kicks the back of his seat in frustration. The cop in the driver's seat glares at him in the mirror. Eccles leans in a little closer. Hey, man, just stay calm, all right? We're going to get through this. Why us, though? I mean, I don't get it. What do we do? Well, look at your shirt. Baldwin glances down at his faded concert tee. What, they don't like Metallica? Probably not. And it's black. Look, Jace, they think we're Satan worshippers or some crap. That's ridiculous. Metallica is a band. Heckles shrugs, and Baldwin feels like screaming. It's all that Wicca stuff you're into, isn't it?

2:30Oh, don't come at me, man. I told you to stop talking about that to people. They don't know what it means. You got us into this. Jace, Jace, hey, listen to me, man. We can't turn on each other. We'll get a lawyer, and then everything's going to be fine. They've got nothing, no evidence, because we didn't do it, right? And as long as we back each other up, we'll get through this. All right, okay. God, what are my parents going to say, man? I can't go to prison. Did you see how many cop cars there were? Yeah, they were just trying to freak us out. You know how cops are. Just remember, whatever they say, we have to stick together, right?

3:03If we do that, we're going to get all this cleaned up. When they arrive at the West Memphis Police Station, Jason Baldwin and Damien Echols are separated. Their clothes are taken away. And then they have to give samples of their blood, hair, and saliva. But while they prepare for their first night behind bars, for the West Memphis Police Department, it's time to celebrate. The pressure on them has been intense. But now they believe they've finally found the killers, and they can't wait to tell the world.

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5:23In May 1993, three boys were found murdered in the small town of West Memphis, Arkansas. Eight-year-olds Christopher Byers, Stevie Branch, and Michael Moore had been missing for less than 24 hours when their bodies were discovered in a creek. But detectives struggled to identify their killer. They only made arrests after a local teenager named Jesse Miskelley confessed to the crime and identified Damien Echols and Jason Baldwin as his accomplices. But just hours after the three young men were taken into custody, 17-year-old Miskelley recanted his confession. Under duress, after a 12-hour interrogation, he'd been ready to say just about anything to the police.

6:04All he'd wanted was to go home. But thinking they'd found their killers, the police had no intention of letting them go. They pronounced the case was closed and scheduled a press conference for the following morning. It was time to let the courts and prosecutors take over and finally secure justice for the three murdered boys. This is Episode 2, The Trial of Jesse Miskelley.

6:30It's the morning of June 4, 1993 at the West Memphis Police Station. Journalists pack into a cramped briefing room for a hastily arranged press conference. A line of police officers stand behind a table at the front. Their faces are somber, but there's no mistaking the gleam of satisfaction in their eyes. All of their hard work has finally paid off. Cameras flash as Chief of Detectives Gary Gitchell takes a seat in front of a bank of microphones. Looking around the room, he announces that their month-long investigation is at an end. The sadists who tortured and murdered three eight-year-old boys have finally been caught.

7:06Gitchell then confirms that the accused murderers are all local teenagers who have been under suspicion since the early days of the police investigation. Damien Echols, Jason Baldwin, and Jesse Miskelley. Gitchell then sits back and opens up the floor to questions from journalists. There's an immediate rush, but to the reporter's obvious frustration, Gitchell can't say much yet. He won't tell them the motive of the killers, if the murderers knew their victims, or how Eccles, Baldwin, and Miss Kelly were finally caught. But there is one question he does answer. When asked how confident he is in their case on a scale of 1 to 10, Chief Gitchell smiles and says 11.

7:43Soon after that, the press conference breaks up, and word of the arrest spreads across the country. But as the television news channels dissect Gitchell's public statements for any clue, In private, the police were more forthcoming. Additional information is provided to the relatives of the victims and the accused, including a copy of Jesse Miskelley's confession. For the parents and loved ones of the murdered boys, Miskelley's account is a difficult read. But it provides some closure, at least. Now they know what happened to their children. But for the families of Eccles, Baldwin, and Miskelley, the type confession raises more questions than it answers.

8:18To the mother of Jason Baldwin especially,

8:29And even on the first reading, she can see that Ms. Kelly's account is riddled with errors and contradictions. He repeatedly insisted that the murders happened early in the day, either in the morning or just afternoon. But as Baldwin's mother tries to point out to the police, that simply cannot be true. All three of the victims attended school that day, and so did Jason. The timeline suggested by Ms. Kelly is impossible, so either he's lying or investigators have put words into his mouth. But the police don't budge, pointing out that Ms. Kelly's confession was recorded on tape and they reject any suggestion that they could or would influence his testimony.

9:05And every officer in the department finds Ms. Kelly credible. Detectives simply can't believe any innocent person would falsely confess to such a heinous crime. But despite their show of confidence in front of the media and the families, behind the scenes at West Memphis Police Station. Investigators know their work is far from over. The reality is that aside from Ms. Kelly's confession, the police don't have anything on Baldwin and Eccles. The blood, hair, and saliva samples taken from them can't be linked to the crime scene. The detectives still haven't recovered the murder weapon, and they don't even have hard proof that the accused killers were actually Satanists.

9:41All that leaves them with is some scattered witness testimony. Local woman Vicki Hutchison swears that Eccles and Miss Kelly took her to a witch's orgy, and there are several local teenagers who claim they overheard Eccles saying he committed the murders. Ordinarily, those statements and the Miss Kelly confession probably would not be enough for a conviction, but this is no ordinary case. And now that arrests have been made, most of the public seem to have made up their minds already. That's certainly true of 39-year-old John Mark Byers. The stepfather of one of the victims, he's become the unofficial spokesperson for the grieving families.

10:16And on a sunny afternoon, soon after the police press conference, he agrees to speak with a film crew who are making a documentary about the case. The arrests in West Memphis have only deepened the media's obsession with the murders, and HBO has commissioned a film to chronicle the investigation and upcoming trial. So, accompanied by the documentary team, Byers trudges through the small patch of forest where the bodies were found. Called Robin Hood Hills by the locals, it used to be a place where kids rode their bikes and ran around. Now, though, it's almost deserted. As he approaches the gully, where police recovered his stepson Christopher, Byers pauses.

10:53He runs a hand through his thinning, rust-colored hair before pulling his camouflage hat down tight. Behind him, the director clears his throat and tees him up for the camera. All right, so can you tell us what's on your mind as you walk through these woods? Fires turns his gaze to the sky. The word of the Lord is all I'm thinking about. Is there a particular verse? Yea, though I walk through the valley of death, I shall fear no evil. Look, I'm not scared of the devil. Thy rod and thy staff comfort me, you know. And I thank the Lord for letting me be able to believe in that with all my heart. You have anything to say to the three teenagers who are accused of killing your stepson?

11:30I do. I hope you all really believe in your master Satan, the slew foot, the devil himself. because he's not going to help you. He's going to laugh at you, mock you, and torture you. He didn't need your help. The devil's got all the demons he needs. So you're confident the killers worship Satan? Everybody's saying it. Lucifer didn't need them, but he took their minds and manipulated them. They prayed to the devil. They had their satanic worship surfaces out here, and they had all types of wild orgies, too. Who told you that? Well, I've been told crazy things. To me, the place where I'm standing is hell on earth because I know that three babies were killed right where I stand.

12:06I know my son was castrated and probably laid there, right there on the bank, just bleeding to death. It's like those killers enjoyed it. Hey, if this is too difficult, we can pause for a moment. No, I'm not done. Jesse, Miss Kelly, Jason Baldwin, Damien Echols, I hope your master, the devil, takes you. I want you to meet him real soon, and the day you die, I'm going to praise God. Byers pauses for a moment, then looks directly into the camera. I'm going to make you a promise. Every year on May 5th, I'm going to come to your graveside and I'm going to spit on you. I'm going to curse the day you were born.

12:47Attorney Dan Stidham pulls his car into a parking spot outside a jail in the small town of Wayne, Arkansas, and then cuts the engine. He takes a moment, wondering what he's about to get himself into. He's been assigned to defend Jesse Miss Kelly, who's already confessed to murder. So Stidham would be the first to admit that this case has him in over his head. He's only 27 and doesn't have much experience with serious felonies. And like nearly everyone else in America, Stidham assumes that because of the confession, Miss Kelly must be guilty. So his first meeting with his new client is a bit awkward.

13:22Stidham doesn't know what to say, and Miss Kelly barely looks at him. Jail has not been kind to Miss Kelly so far. He's always been a skinny kid, but now there are dark hollows under his cheeks, and his eyes are rimmed red with tears. Stidham tries to make a little small talk to cheer Miss Kelly up, but it doesn't do much good. So Stidham decides to cut to the chase, saying they need to make a deal with the prosecutors. Miss Kelly's testimony is the key evidence against Damien Echols and Jason Baldwin, so if they play their cards right, they can use it as leverage. By offering to testify against his alleged accomplices, Ms.

13:58Kelly may be able to secure a favorable sentence. But as Stidham tries to explain this, Ms. Kelly doesn't seem to be listening. He just sits, hunched over with his head between his legs. Stidham crouches down, so he's eye level with Ms. Kelly. And in his most solemn and forceful tone, he reminds his client that the prosecution intends to try him as an adult. That would be serious. He could be facing the death penalty. But none of it appears to get through. So Stidham straightens up and sighs. He tries to hide his frustration, knowing that no matter what Miss Kelly may have done, he's still only 17 years old and must be terrified.

14:34Looking around the jail cell and searching for a way to engage Miss Kelly, Stidham spots a glossy piece of paper on the cot beside him. It's a religious pamphlet, the kind passed out by churches to warn against sinful behavior. He raises an eyebrow and asks Miss Kelly about it. Miss Kelly shrugs again and tells him he got it from a preacher in jail. Then he asks if Stidham knows who Satin is. Stidham shakes his head, asking what Miss Kelly means. The boy replies that when the pastor came by, he said Miss Kelly was going to hell and gave him this pamphlet, telling him all about it. Then, with some difficulty, Miss Kelly reads part of the pamphlet out loud.

15:12He says it's all about someone named Satin. Stidham's jaw drops as he realizes what he's hearing. He looks again at Miss Kelly and the utter sincerity of the boy's face. This is who's being accused of participating in a satanic cult, of being a witch, of sacrificing three little boys to the devil, and he doesn't even know who Satan is. Dan Stidham came to this jail assuming his new client was a vicious murderer, but suddenly, in a flash, he's not so sure. Jesse and Miss Kelly may not be guilty at all.

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17:05will cut off your head. Oh no, maybe just tell them about the guest stars like Richard Kind, Carrie Coon, Jimmy Fallon, et al. But they were in it, and if you don't listen to them, then I will cut off your tongue, then cut off your head, and then put the tongue in the head hole. Aw, you tried. Listen now exclusively on Audible and Donald the Audible app today, or off with your head! I'm kidding.

17:51The End

18:05to trial because the only real evidence tying Ms. Kelly to the crime is his 34-minute tape confession, and Stidham hopes to get it thrown out. If he can convince a judge that the confession was coerced and should not be heard by the jury, then the prosecution will have almost nothing to base their case on. And recent developments have only given Stidham more hope. West Memphis police have finally received the autopsy results weeks after the examinations were performed. The reason for the delay is unclear, but the findings contradict some of the investigation's major assumptions and Ms. Kelly's confession.

18:41Because the victims were found nude and one was apparently castrated, detectives have long believed that there was a sexual component to the crime. In his confession, Ms. Kelly stated that Eccles and Baldwin repeatedly assaulted the boys. But now the autopsy reports suggest that there was no sexual assaults at all and that at least some of the mutilation to the bodies was likely caused by wild animals instead. Stidham believes that these latest revelations will strengthen his case. And over months of pretrial motions, he tries to convince the authorities to throw out Ms. Kelly's statement, but to no avail.

19:16Stidham's arguments are rejected, and it's determined that the jurors should be the ones to decide whether the confession is valid or not. It's a blow for Ms. Kelly's defense. And meanwhile, the prosecution is working hard to find more evidence to use against him and the other two accused. They search the suspect's home and forensically test hundreds of samples, everything from clothing to possible weapons. Eventually, experts find several fibers on Baldwin and Eccles' clothing that are microscopically similar to those found at the scene of the crime. But then it's confirmed that the fibers come from mass-produced clothing that can be purchased at stores across the nation.

19:53And that's the only link investigators find. Despite the brutality of the murders, there's not a single hair, fingerprint, or drop of blood that can tie Eccles, Miss Kelly, or Baldwin to the case. So investigators rack their brain, searching for something they may have overlooked. Six months after the murders, in November of 1993, a deputy prosecutor on the case has a sudden bolt of inspiration. While driving one day, he notices a lake between the Baldwin and Eccles family trailers, and it looks to him like an ideal place to get rid of evidence. So a team of divers searches the pond. Soon, an officer surfaces holding a nine-inch survival knife.

20:32The autopsies of the victims determine their wounds were caused by a serrated blade, and this one fits the bill. Investigators can't definitively prove it's the murder weapon, or even that it belonged to any of the accused, But one of Eccles' ex-girlfriends says it looks similar to a knife he used to carry. And as far as police and prosecutors are concerned, it's another brick in their growing wall of evidence that they will first use in the case against Jesse Miskelley, who's being tried separately from the other two suspects. On January 18, 1994, proceedings get underway in a packed courtroom in the town of Corning, Arkansas.

21:10The presiding judge is David Burnett, a former prosecutor with a feathery crop of gold and red hair. The testimony the court hears over the following days is devastating. Three little bicycles owned by the eight-year-old victims are wheeled into the room to show the jury, along with graphic images of the abuse they suffered at the hands of their killers. Throughout it all, Miss Kelly remains hunched over, his eyes downcast. He never looks up, even when he's directly addressed by witnesses. His attorney, Dan Stidham, has advised him to sit like that. He doesn't want Ms. Kelly to seem arrogant, but as the trial continues, it becomes clear it's not leaving a good impression on spectators.

21:49It doesn't look humble, and instead Ms. Kelly just appears guilty. So it's up to Stidham to turn things around. The crucial witness for the prosecution is the West Memphis Police Department's chief of detectives, Gary Gitchell. He led the interview in which Ms. Kelly made his confession, and Stidham knows he has to be discredited. So during cross-examination, he quickly homes in on the inconsistencies in Miss Kelly's account. Inspector Gitchell, we all heard the tape recording of Jesse's confession. Did you find his testimony plausible? Yes, sir, I did. That's the reason why we're all here. But his statement wasn't perfect, was it?

22:26I don't know what you mean. Well, would you agree that not everything my client said aligns with the known facts of the case? Well, no confession. Perfect. On the tape, Jesse claimed the victim skipped school on the day of the murders. Is that accurate? No, sir, it's not. My client also stated the boys were killed around noon. Is that accurate? No. According to the forensics, they weren't killed until later that night. And you knew that that was incorrect when Jesse told you that? Yes, sir. Thank you. How were the boys tied when their bodies were discovered? By shoestring from the wrist, like right wrist to right ankle.

23:00But in Jesse's statement that was played to the jury, didn't he tell you that they were tied with brown rope? That's correct. And is there any evidence that the victims were choked to death, as Jesse described? No. Is there any evidence that they were sodomized, as Jesse described? No, I don't believe so. Well, these seem to be pretty important issues. At any time when he was telling you these things that you knew were incorrect, did it ever occur to you that if what he was telling you was false, then perhaps his entire story was false as well. I believe Jesse was manipulating the facts to his own advantage.