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Arkansas Supreme Court ruling could allow new DNA testing for West Memphis Three case

An Arkansas Supreme Court ruling has opened the door for new DNA testing in the West Memphis Three case.

LITTLE ROCK, Ark. — The Arkansas Supreme Court has reversed and remanded a circuit court ruling in the West Memphis Three case on Apr. 18, paving a path toward new testing of DNA evidence related to the murder of three boys in 1993.

The lawsuit was brought to the state's highest court by Damien Echols in hopes of proving his innocence in a case where he, Jason Baldwin, and Jessie Misskelley were sent to prison for the triple murder of Steve Branch, Christopher Byers, and James Moore.

In Aug. 2011, the three would then agree to an Alford plea deal, which vacated the previous convictions and each would agree to first and second degree murder charges but maintain their innocence.

Echols and his lawyers would file a petition in 2022, hoping to test DNA found on ligatures under an Arkansas law. That law allows someone convicted of a crime to ask the courts to vacate a judgment or grant a new trial if "scientific evidence not available trial establishes the petitioner's actual innocence."

A circuit could ruling was deny Echols' effort for new testing in the case, saying the law "did not make scientific testing based on new technology an independent form of post-conviction relief" and instead amended the law to make "scientific testing based on new technology a form of habeas corpus relief."

Associate Justice Karen Baker, who wrote the majority opinion, wrote that the law cited by Echols' lawyers "unambiguously permits" anyone who is convicted of a crime to ask for "additional DNA testing to demonstrate the person's actual innocence." Baker also noted that the law doesn't require that person to be in state custody to seek that relief.

"The circuit court and the State employ reasoning that hinges on the legislative history and purpose underlying Act 1780 and our common-law interpretations of traditional habeas relief; however, resorting to these tools of statutory construction is unnecessary in the present case given the clear language of Act 1780," Baker said. "It is undisputed that Echols has been convicted of a crime, and as a result, he is entitled to seek relief pursuant to Act 1780."

Baker said the circuit court misinterpreted the "plain language" of the law and reversed and remanded the ruling.

In the opinion, Baker also dismissed the state's argument that an Alford plea would prevent Echols from challenging his conviction.

"The Arkansas Supreme Court has ruled in our favor - further D.N.A. testing is to be allowed," Echols posted on social media. "Hopefully this will allow us to solve this case once and for all."

Echols also said the court's decision could help "other wrongfully convicted Arkansans the ability" to prove their innocence through DNA testing.

"We are going to take the high road and respect both sides and luckily we won," said Stephen Braga, Echols' lead counsel. "We are able to go back and have jurisdiction in the circuit court over the petition for new testing. What I would say to anyone who believes the West Memphis Three or still believes the West Memphis Three committed this crime or that Damien is some depraved criminal, well, let's let the testing be done."

In a dissent, Associated Justice Barbara Webb said the majority opinion "obliterates any sense of finality in our criminal justice system."

To read the full ruling, click here.

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