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VICTORY FOR ECHOLS!

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  • Bob B.
    VICTORY FOR ECHOLS! In March, the State filed a Motion in federal court asking that Damien s Petition for Writ of Habeas Corpus be dismissed. The Defense
    Message 1 of 5 , Oct 20, 2005
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      VICTORY FOR ECHOLS!

      In March, the State filed a Motion in federal court asking that Damien's Petition for Writ of
      Habeas Corpus be dismissed. The Defense filed a Response to the Motion and the State followed
      with a Reply. Please click here for more details.

      The U.S. District Court ruled for the Defense in this Order and denied the State's Motion, with
      Judge Wilson writing: "Clearly, it would be a miscarriage of justice if Petitioner [Echols] were
      not afforded federal review of his habeas petition. ... Petitioner has not been able to exhaust
      his claims in state court and must be afforded the opportunity to do so. Petitioner has
      demonstrated that there is good cause to hold his habeas petition in abeyance while his DNA claim
      is litigated. His claim was filed correctly under Arkansas Code Annotated §16-112-201 and
      Petitioner is awaiting the results so that he may litigate his claim in state court. There is no
      evidence that Petitioner has engaged in abusive litigation tactics or intentional delay. ...
      Therefore, after careful consideration, Respondent's Motion to Dismiss Petition for Writ of Habeas
      Corpus for Non Exhaustion is DENIED." The DNA testing is still ongoing, so Echols' federal Habeas
      Corpus Petition is still pending. We'll update with more information as it becomes available.




      NOTE: WM3az mailing list discussion and explination will be provided in a seperate email. Please
      pass this forward to everyone you know who's interested in this case, minus this end-note of course.



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    • amy young
      AWESOME!!! tears of joy!! ... __________________________________ Yahoo! Mail - PC Magazine Editors Choice 2005 http://mail.yahoo.com
      Message 2 of 5 , Oct 21, 2005
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        AWESOME!!!
        tears of joy!!
        --- "Bob B." <megashub@...> wrote:

        > VICTORY FOR ECHOLS!
        >
        > In March, the State filed a Motion in federal court
        > asking that Damien's Petition for Writ of
        > Habeas Corpus be dismissed. The Defense filed a
        > Response to the Motion and the State followed
        > with a Reply. Please click here for more details.
        >
        > The U.S. District Court ruled for the Defense in
        > this Order and denied the State's Motion, with
        > Judge Wilson writing: "Clearly, it would be a
        > miscarriage of justice if Petitioner [Echols] were
        > not afforded federal review of his habeas petition.
        > ... Petitioner has not been able to exhaust
        > his claims in state court and must be afforded the
        > opportunity to do so. Petitioner has
        > demonstrated that there is good cause to hold his
        > habeas petition in abeyance while his DNA claim
        > is litigated. His claim was filed correctly under
        > Arkansas Code Annotated §16-112-201 and
        > Petitioner is awaiting the results so that he may
        > litigate his claim in state court. There is no
        > evidence that Petitioner has engaged in abusive
        > litigation tactics or intentional delay. ...
        > Therefore, after careful consideration, Respondent's
        > Motion to Dismiss Petition for Writ of Habeas
        > Corpus for Non Exhaustion is DENIED." The DNA
        > testing is still ongoing, so Echols' federal Habeas
        > Corpus Petition is still pending. We'll update with
        > more information as it becomes available.
        >
        >
        >
        >
        > NOTE: WM3az mailing list discussion and explination
        > will be provided in a seperate email. Please
        > pass this forward to everyone you know who's
        > interested in this case, minus this end-note of
        > course.
        >
        >
        >
        > __________________________________
        > Yahoo! FareChase: Search multiple travel sites in
        > one click.
        > http://farechase.yahoo.com
        >





        __________________________________
        Yahoo! Mail - PC Magazine Editors' Choice 2005
        http://mail.yahoo.com
      • Geishakiss Geishakiss
        THIS IS WONDERFUL NEWS!!!! :) amy young wrote:AWESOME!!! tears of joy!! ... __________________________________ Yahoo! Mail - PC Magazine
        Message 3 of 5 , Oct 21, 2005
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          THIS IS WONDERFUL NEWS!!!! :)

          amy young <anika77@...> wrote:AWESOME!!!
          tears of joy!!
          --- "Bob B." <megashub@...> wrote:

          > VICTORY FOR ECHOLS!
          >
          > In March, the State filed a Motion in federal court
          > asking that Damien's Petition for Writ of
          > Habeas Corpus be dismissed. The Defense filed a
          > Response to the Motion and the State followed
          > with a Reply. Please click here for more details.
          >
          > The U.S. District Court ruled for the Defense in
          > this Order and denied the State's Motion, with
          > Judge Wilson writing: "Clearly, it would be a
          > miscarriage of justice if Petitioner [Echols] were
          > not afforded federal review of his habeas petition.
          > ... Petitioner has not been able to exhaust
          > his claims in state court and must be afforded the
          > opportunity to do so. Petitioner has
          > demonstrated that there is good cause to hold his
          > habeas petition in abeyance while his DNA claim
          > is litigated. His claim was filed correctly under
          > Arkansas Code Annotated §16-112-201 and
          > Petitioner is awaiting the results so that he may
          > litigate his claim in state court. There is no
          > evidence that Petitioner has engaged in abusive
          > litigation tactics or intentional delay. ...
          > Therefore, after careful consideration, Respondent's
          > Motion to Dismiss Petition for Writ of Habeas
          > Corpus for Non Exhaustion is DENIED." The DNA
          > testing is still ongoing, so Echols' federal Habeas
          > Corpus Petition is still pending. We'll update with
          > more information as it becomes available.
          >
          >
          >
          >
          > NOTE: WM3az mailing list discussion and explination
          > will be provided in a seperate email. Please
          > pass this forward to everyone you know who's
          > interested in this case, minus this end-note of
          > course.
          >
          >
          >
          > __________________________________
          > Yahoo! FareChase: Search multiple travel sites in
          > one click.
          > http://farechase.yahoo.com
          >





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          http://mail.yahoo.com


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        • Elizabeth Kyllingstad
          This is excellent news! Does anyone know what the ETA for DNA testing is? Hasn t it been years? Wasn t most of the DNA evidence compromised? ... -- FREE THE
          Message 4 of 5 , Oct 21, 2005
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            This is excellent news! Does anyone know what the ETA for DNA testing is?
            Hasn't it been years? Wasn't most of the DNA evidence compromised?

            On 10/21/05, Geishakiss Geishakiss <ggeishakiss@...> wrote:
            >
            > THIS IS WONDERFUL NEWS!!!! :)
            >
            > amy young <anika77@...> wrote:AWESOME!!!
            > tears of joy!!
            > --- "Bob B." <megashub@...> wrote:
            >
            > > VICTORY FOR ECHOLS!
            > >
            > > In March, the State filed a Motion in federal court
            > > asking that Damien's Petition for Writ of
            > > Habeas Corpus be dismissed. The Defense filed a
            > > Response to the Motion and the State followed
            > > with a Reply. Please click here for more details.
            > >
            > > The U.S. District Court ruled for the Defense in
            > > this Order and denied the State's Motion, with
            > > Judge Wilson writing: "Clearly, it would be a
            > > miscarriage of justice if Petitioner [Echols] were
            > > not afforded federal review of his habeas petition.
            > > ... Petitioner has not been able to exhaust
            > > his claims in state court and must be afforded the
            > > opportunity to do so. Petitioner has
            > > demonstrated that there is good cause to hold his
            > > habeas petition in abeyance while his DNA claim
            > > is litigated. His claim was filed correctly under
            > > Arkansas Code Annotated §16-112-201 and
            > > Petitioner is awaiting the results so that he may
            > > litigate his claim in state court. There is no
            > > evidence that Petitioner has engaged in abusive
            > > litigation tactics or intentional delay. ...
            > > Therefore, after careful consideration, Respondent's
            > > Motion to Dismiss Petition for Writ of Habeas
            > > Corpus for Non Exhaustion is DENIED." The DNA
            > > testing is still ongoing, so Echols' federal Habeas
            > > Corpus Petition is still pending. We'll update with
            > > more information as it becomes available.
            > >
            > >
            > >
            > >
            > > NOTE: WM3az mailing list discussion and explination
            > > will be provided in a seperate email. Please
            > > pass this forward to everyone you know who's
            > > interested in this case, minus this end-note of
            > > course.
            > >
            > >
            > >
            > > __________________________________
            > > Yahoo! FareChase: Search multiple travel sites in
            > > one click.
            > > http://farechase.yahoo.com
            > >
            >
            >
            >
            >
            >
            > __________________________________
            > Yahoo! Mail - PC Magazine Editors' Choice 2005
            > http://mail.yahoo.com
            >
            >
            > SPONSORED LINKS
            > p; order trial by jury West virginia bankruptcy law West virginia divorce
            > law West memphis California three strikes law West palm beach law firm
            >
            > ---------------------------------
            > YAHOO! GROUPS LINKS
            >
            >
            > Visit your group "WM3az" on the web.
            >
            > To unsubscribe from this group, send an email to:
            > WM3az-unsubscribe@yahoogroups.com
            >
            > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
            >
            >
            > ---------------------------------
            >
            >
            >
            >
            > __________________________________________________
            > Do You Yahoo!?
            > Tired of spam? Yahoo! Mail has the best spam protection around
            > http://mail.yahoo.com
            >
            > [Non-text portions of this message have been removed]
            >
            >
            > ------------------------------
            > YAHOO! GROUPS LINKS
            >
            >
            > - Visit your group "WM3az <http://groups.yahoo.com/group/WM3az>" on
            > the web.
            > - To unsubscribe from this group, send an email to:
            > WM3az-unsubscribe@yahoogroups.com<WM3az-unsubscribe@yahoogroups.com?subject=Unsubscribe>
            > - Your use of Yahoo! Groups is subject to the Yahoo! Terms of
            > Service <http://docs.yahoo.com/info/terms/>.
            >
            >
            > ------------------------------
            >



            --
            FREE THE WEST MEMPHIS THREE!
            http://www.wm3.org


            [Non-text portions of this message have been removed]
          • Bob B.
            The legal team continues to work with the prosecutor to establish a finished list of mutually agreed-upon DNA results that will be used in court. From my
            Message 5 of 5 , Oct 21, 2005
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              The legal team continues to work with the prosecutor to establish a finished list of mutually
              agreed-upon DNA results that will be used in court.

              From my limited knowledge, results can be less than conclusive, or falsely misleading, so it's the
              prosecutor's job to weed those out, and it's the defense's job to make sure the strongest evidence
              gets allowed. They haggle back and forth on the results as they come in and once all the tests
              have been completed and the haggling has finished, then the defense writes and submits their
              request.

              Again, as I understand it, the testing is still going on. Whether or not any items have finished
              being tested or not remains unknown. Whether or not haggling over results has begun remains
              unknown.

              All that is known is the nature of the process and that testing is still underway. Also, as with
              all DNA testing for capital trials, there is a systemic backlog that has slowed the process
              further.

              Everyone is waiting to hear a more comprehensive update, which we all hope will further clarify
              the status of DNA. Seeing a case update like this inspires hope that such an update will happen
              soon... but the world of the justice system spins at a much slower rate.

              Once again, we wait and see.

              Thanks for the great questions!
              Bob




              --- Elizabeth Kyllingstad <branowen@...> wrote:

              > This is excellent news! Does anyone know what the ETA for DNA testing is?
              > Hasn't it been years? Wasn't most of the DNA evidence compromised?
              >
              > On 10/21/05, Geishakiss Geishakiss <ggeishakiss@...> wrote:
              > >
              > > THIS IS WONDERFUL NEWS!!!! :)
              > >
              > > amy young <anika77@...> wrote:AWESOME!!!
              > > tears of joy!!
              > > --- "Bob B." <megashub@...> wrote:
              > >
              > > > VICTORY FOR ECHOLS!
              > > >
              > > > In March, the State filed a Motion in federal court
              > > > asking that Damien's Petition for Writ of
              > > > Habeas Corpus be dismissed. The Defense filed a
              > > > Response to the Motion and the State followed
              > > > with a Reply. Please click here for more details.
              > > >
              > > > The U.S. District Court ruled for the Defense in
              > > > this Order and denied the State's Motion, with
              > > > Judge Wilson writing: "Clearly, it would be a
              > > > miscarriage of justice if Petitioner [Echols] were
              > > > not afforded federal review of his habeas petition.
              > > > ... Petitioner has not been able to exhaust
              > > > his claims in state court and must be afforded the
              > > > opportunity to do so. Petitioner has
              > > > demonstrated that there is good cause to hold his
              > > > habeas petition in abeyance while his DNA claim
              > > > is litigated. His claim was filed correctly under
              > > > Arkansas Code Annotated §16-112-201 and
              > > > Petitioner is awaiting the results so that he may
              > > > litigate his claim in state court. There is no
              > > > evidence that Petitioner has engaged in abusive
              > > > litigation tactics or intentional delay. ...
              > > > Therefore, after careful consideration, Respondent's
              > > > Motion to Dismiss Petition for Writ of Habeas
              > > > Corpus for Non Exhaustion is DENIED." The DNA
              > > > testing is still ongoing, so Echols' federal Habeas
              > > > Corpus Petition is still pending. We'll update with
              > > > more information as it becomes available.
              > > >
              > > >
              > > >
              > > >
              > > > NOTE: WM3az mailing list discussion and explination
              > > > will be provided in a seperate email. Please
              > > > pass this forward to everyone you know who's
              > > > interested in this case, minus this end-note of
              > > > course.
              > > >
              > > >
              > > >
              > > > __________________________________
              > > > Yahoo! FareChase: Search multiple travel sites in
              > > > one click.
              > > > http://farechase.yahoo.com
              > > >
              > >
              > >
              > >
              > >
              > >
              > > __________________________________
              > > Yahoo! Mail - PC Magazine Editors' Choice 2005
              > > http://mail.yahoo.com
              > >
              > >
              > > SPONSORED LINKS
              > > p; order trial by jury West virginia bankruptcy law West virginia divorce
              > > law West memphis California three strikes law West palm beach law firm
              > >
              > > ---------------------------------
              > > YAHOO! GROUPS LINKS
              > >
              > >
              > > Visit your group "WM3az" on the web.
              > >
              > > To unsubscribe from this group, send an email to:
              > > WM3az-unsubscribe@yahoogroups.com
              > >
              > > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
              > >
              > >
              > > ---------------------------------
              > >
              > >
              > >
              > >
              > > __________________________________________________
              > > Do You Yahoo!?
              > > Tired of spam? Yahoo! Mail has the best spam protection around
              > > http://mail.yahoo.com
              > >
              > > [Non-text portions of this message have been removed]
              > >
              > >
              > > ------------------------------
              > > YAHOO! GROUPS LINKS
              > >
              > >
              > > - Visit your group "WM3az <http://groups.yahoo.com/group/WM3az>" on
              > > the web.
              > > - To unsubscribe from this group, send an email to:
              > > WM3az-unsubscribe@yahoogroups.com<WM3az-unsubscribe@yahoogroups.com?subject=Unsubscribe>
              > > - Your use of Yahoo! Groups is subject to the Yahoo! Terms of
              > > Service <http://docs.yahoo.com/info/terms/>.
              > >
              > >
              > > ------------------------------
              > >
              >
              >
              >
              > --
              > FREE THE WEST MEMPHIS THREE!
              > http://www.wm3.org
              >
              >
              > [Non-text portions of this message have been removed]
              >
              >




              __________________________________
              Yahoo! FareChase: Search multiple travel sites in one click.
              http://farechase.yahoo.com
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