letters

A simple question

I have read The Devil’s Knot and I have to say the details are outstanding. It was very researched and well written. I have followed this case in detail since watching the two documentaries. I own both of them and watch them from time to time. I have had my doubts about a few things but never of their innocence. I just don’t know where justice will ever be found for these three. I have to agree with Damien that none of the judicial team is going to admit that they made a mistake and have to admit that they ruined 3 innocent young men’s lives…..so where does that leave Damien, Jessie and Jason? I just don’t understand why they are so hesitant on a new trial. What would it hurt except they may have to admit they made a mistake. I pray for everyone in this case and that justice will prevail soon so these young men can get out and try to have a normal life one day. They deserve some happiness.
Teri Glover
North Little Rock, Arkansas

Unfortunately, it goes against the grain for most officials to admit error. At the same time, members of the legal profession, especially the judicary, bemoan the public’s declining confidence in our police and courts. A willingness on officials’ parts to examine problems, admit errors and make essential changes would go a long way to restoring public trust. But so long as police, prosecutors and judges prefer to look at “wins” and “losses” as though they were playing a football game, with no replays—or retrials—the public is right to doubt courts’ claims that they seek either truth or justice.

A couple of questions

I can’t help but wonder what your reaction was to Todd Moore’s letter. Besides being very rude, I think it’s sad and revealing. It shows that even after all this time and all these developments he’s still perfectly willing to shut his eyes, plug his ears and ignore what is obvious: Damien, Jason and Jessie are innocent. The only way he could still hold his firm convinction that the West Memphis 3 are guilty of anything beyond being scapegoats is a total detachment from reality. He seems to have the same smug attitude as the police and prosecutors: If you knew what I know, you wouldn’t support them. Well, how about telling us what you know that proves their guilt so that we don’t have to continue supporting a lost cause? Oh, right, there isn’t anything that proves they did this. I pity Mr. Moore for being so blind. What is your opinion?
Ryan Loftis
Atlanta, Georgia

First, Ryan, I have to consider the possibility that the letter was a fake—not really from Mr. Moore. If that’s the case, I wouldn’t want to express any opinion that might possibly make his suffering worse. However, since you ask, let’s assume that the letter’s legit. Like you, I find it very sad. I know that grief can be blinding, and that grief combined with anger can knock out common sense. The Moores have endured a whirlwind of personal tragedy and public scrutiny, so I can understand why Mr. Moore might write a letter that’s a little off-balance. Still, I believe that he must want real justice in this case, just as the rest of us do. I look forward to the day when we can all agree that has, at last, been achieved.

Loved your very compelling book “Devils Knot” It inspired me to do all I can to help the cause. It occurred to me that President Bush has the authority to grant the three a pardon before he leaves office. Has this avenue been pursued, and do you know how this process works? Thank you.
Judy Koenders

It is my understanding that a president can only pardon people who have been convicted of federal crimes and who are serving time in federal prisons. I don’t think a president can pardon convicted by a state jury. Too bad, though. It would certainly be nice if all this could be ended so simply—and soon.

Hitting the nail on the head

I am a reporter in Virginia who has seen the documentaries, read Devil’s Knot and the Blood of Innocents, and has studied up as much as possible on the case. When Gary Gitchell said in a press conference that the case the police had against the defendents was 11 on a scale of 1 to 10, who in the world was clapping in the background when he said that? I hope there was at least one common-sense journalist there to call him on that smirk he gave and explain further. This case is about police, lawyers, judges and reporters – Gitchell, Fogelman, Stidham, Burnett and those who told about it. It’s the every day system that exists in small cities, towns and counties that make up America. It’s like a circle of information and power gatekeepers surrounding the public. I see it everyday. But it takes a case like this, and a very disturbing miscarriage of justice, to show how dangerously flawed and corrupt this system can be when lines are crossed. In this country I love, if I’m ever called to a jury where the stakes are so high as to hold three lives in my hands, I hope I have the decency and courage to live by these four simple, yet precise and crucial, words: “Beyond a reasonable doubt.” Otherwise, I would have only canceled out justice for the lives of the three already lost.
—Justin Faulconer

A lawyer's thoughts on the affidavit

I read the “bombshell” story and wanted to make a suggestion… We NEED this attorney/former prosecutor who submitted the affidavit to step forward and be involved. As an attorney, I can assure you that the issue of attorney-client privilege isn’t as simple as your article makes it seem. If it’s violated, you can be disbarred. Moreover, Ethics Committee actions aside, the confidence of a client is a sacred trust and most attorneys take their oath seriously. I would wager that the attorney who spoke to Arnold has been wrestling with this for 15 years. What I’d love to see would be an interview with Sealed Attorney published far and wide that says something along the lines of “I didn’t feel I could come forward earlier because of attorney-client privilege. Kent Arnold was in effect admitting the commission of a crime to me, and my oath prevented me from stepping forward. However, my conscience and my dedication to justice would not let me sit by while a man was executed when I knew beyond any doubt that he had not received a fair trial in front of unbiased jurors.” That’s what I’d want to see on the front page of the paper, on Anderson Cooper’s next special investigation show, etc. That’s what would help Damien, Jason and Jessie get a new day in court. That’s why Sealed Attorney deserves our support.
—David Perry Davis

Sorry, David, I disagree. While I can see the advantage of this guy stepping forward voluntarily, I don’t share your interest in supporting him. Yes, lawyers take attorney-client privilege seriously, and yes, they don’t want to betray a client’s confidence, but neither of those points outweighs the others here, which are (1) that the law is clear that these consultations were not covered by attorney-client privilege, as the lawyer this guy finally checked with made clear; (2) that he knew or should have known that the conversations were highly improper, yet he engaged in them anyway; and (3) that because of his reluctance to step forward, apparently until it looked like he might be “outed” in the newspaper, at least two men have spent half of their lives in prison, due to irregularities in their trial that he knew about but didn’t have the nerve or decency to reveal. If he’s been wrestling with this, he could have sought counsel much earlier. That said, I always appreciate, as always, your thoughtful (and often conciliatory) views, and I’m sure that others do too.

A mother’s response to Todd Moore
I read the note that you received from Todd Moore. I really found it rather sad. It troubles me that he is willing to trust the accusation that Damien, Jason, and Jessie committed the crime when the evidence clearly shows that they did not. The recent development of the DNA evidence is just further confirmation of their innocence, although I have been convinced since the very beginning. I was in the courtroom the day that Gary Gitchell admitted from the stand that the blood samples from the Bojangles restaurant were lost. After sitting through that day of testimony, it was quite clear to me and my friend Sheena that something was just not right with this case. Anyway, as a fellow parent, I hope that Mr. Moore will allow himself to consider all of the new information that is coming to light about this case and that he will find peace in knowing that the true monster who killed his beloved son will eventually receive justice. If one of my children were taken from me in the way that Mr. Moore’s son Michael was taken from him, I know that I would very angry, but I would want to make sure that my anger was directed at the one who truly did the crime.
—Ruth Carter