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Re: [WM3az] Tell me this isn't true

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  • Bob B.
    Not only is he still in office, in Arkansas, the same judge who tries the case presides over its appeals as well. This means he still plays a role in this
    Message 1 of 38 , Oct 9, 2005
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      Not only is he still in office, in Arkansas, the same judge who tries the case presides over its
      appeals as well. This means he still plays a role in this today.. The only time he's not directly
      presiding over this case is when the legal team appeals his decisions to the State Supreme Court
      (or higher).

      However, because DNA findings (for example) have never been introduced to this case on appeal
      (because they're not complete yet), when the time comes to do so, he will be the judge that hears
      the appeal (unless he retires first, which there is no evidence to suggest).

      Of all the people involved in this situation, Judge Burnett is the most influential and therefore
      dangerous player, aside from the courts above him of course. Burnett's initial decision will set
      the tone for how the courts above him will likely act, unless his decision is unquestionably
      unconstitutional... but, in my opinion, I doubt that would even be enough for the state Supreme
      Court.

      DNA has freed hundreds of innocent people so far, and it has the same power here... but the fact
      that this is happening in the Arkansas judicial system adds an ominous element of unknown.


      Bob





      --- Melanie Faith <tava_tara@...> wrote:

      > It made plenty of sense. Just as always, it seems to be that the only real thing standing in
      > the way of the three is that the courts just don't want to admit that they could be mistaken.
      > Is the judge who tried the case originally even still in office there>?
      >
      > "Bob B." <megashub@...> wrote:Excellent question. I'm no lawyer, but I have been around
      > this case long enough to understand a
      > few things about their chances.
      >
      > Right now, the fight is more to provide them with a new trial than it is to set them free
      > outright. This is largely because it is MUCH harder to acheive complete freedom without
      > unequivocal evidence.
      >
      > So, Byers passing away would most likely have very little impact on their chances of winning
      > their
      > freedom. The focus is more on the inept trial, lawyers, judge, jury, witnesses, testimony and
      > lack
      > of evidence as grounds to award them a new trial.
      >
      > In any reasonable court of law, during a trial, showing abundant reasonable doubt should be
      > enough
      > to keep you out of jail. By the letter of the law, if the jury is not 100% convinced, BEYOND ALL
      > REASONABLE DOUBT, that you are guilty, then they will convict you. SO, again in theory, what
      > they
      > have to prove on appeal is that the jury acted improperly and failed to adequately consider
      > evidence that provides reasonable doubt.
      >
      > Above and beyond that however, the appeals process is ripe with time-to-file limitations which
      > are
      > designed to provide additional grounds for the courts to maintain convictions. In other words,
      > if
      > you fail to file motions in a timely manner, regardless of how valid your arguments may be, the
      > court technically has grounds to deny your requests based solely on the timely (or untimely)
      > manner in which they were submitted. This is the excuse the State of Arkansas has used on more
      > than one occasion when they can not find fault with the motions in any other way. They use the
      > timeliness limitation are a fall-back crutch to keep on denying Damien's arguements.
      >
      > When you begin fighting a wrongful murder conviction, once you decide to starting fighting the
      > state on the federal level, the feds do NOT allow you to introduce new evidence. You have to
      > introduce all evidence (new or old) as well as submit all appeals on the local (state) level
      > with
      > no success first, and then you argue the state's response to these appeals with the federal
      > courts.
      >
      > Right now, the legal team has a plethora of evidence being tested for DNA samples. The results
      > of
      > these tests must be completed and argued at the state level first, before they can begin at the
      > federal level.
      >
      > The DNA might be strong enough to exonerate them entirely, but more likely it will conclusively
      > show they were not involved directly in any way, but not prove their innocence. This will give
      > them strong leverage (ideally) to win a retrial.
      >
      > Did any of that make sense?
      >
      > Thanks,
      > Bob
      >
      >
      > --- Melanie Faith <tava_tara@...> wrote:
      >
      > > So if Byers were to die, how severely would the chances drop of saving the 3? And what might
      > be
      > > some other courses of action?
      > > Lanie Faith
      > >
      > > "Bob B." <megashub@...> wrote:
      > > Hey, I'm just glad we're finally starting to use this list for what it was intended! ;-)
      > >
      > > Anyone else got any questions? (gotta try, right?)
      > >
      > > thanks,
      > > Bob
      > >
      > >
      > >
      > >
      > > --- "(HoEF)" <thehouseofeternalfalling@...> wrote:
      > >
      > > > Hey guys thanks for all the info! I was 90% sure it
      > > > wasn't true but I just wanted to be sure. I think if
      > > > he died the three's chances of being exonerated would
      > > > be completely shot. I went looking for an anti-wm3
      > > > site and couldn't find one, though I did find a ton of
      > > > support sites which is awesome.
      > > >
      > > > ~Arp
      > > >
      > > >
      > > >
      > > > >
      > > > > On 10/3/05, (HoEF)
      > > > > <thehouseofeternalfalling@...> wrote:
      > > > > >
      > > > > > Someone told me that John Mark Byres died, I
      > > > > haven't
      > > > > > found anything about it, but I wanted to check
      > > > > here
      > > > > > too. I hate him, and think he did it, but the
      > > > > three's
      > > > > > chances if he's dead...
      > > > > >
      > > > > > Thanks,
      > > > > > Arp
      > > > > >
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    • samantha63@netzero.net
      Bob---- so nice to hear from you---remember me? I would love to help draw a crowd for this event. Seems like the boys might get their day in court after all
      Message 38 of 38 , Oct 26, 2005
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        Bob---- so nice to hear from you---remember me? I would love to help draw a crowd for this event. Seems like the boys might get their day in court after all and we will definitely need to start working towards Jesse and Jason's release. Let me know--- I will spread the word---flier and all that jazz---give me a date and time---ok? RIggs

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