Attorneys for Damien Echols filed a reply brief on May 26, 2011 challenging the Arkansas Attorney General’s view that the blatant juror misconduct at the original trial was not relevant in a hearing for a new trial. “Evidence of jury misconduct at the Echols-Baldwin trial is germane to the Court’s present inquiry because it eliminates not only a presumption that the verdicts were valid but also any inference that the substantive evidence adduced at the trial was deemed reliable or credible by the Echols-Baldwin jury.”
Attorneys for Echols asked presiding Judge David Laser to admit evidence of juror misconduct into this proceeding and to conduct oral arguments and allow witness testimony. They also asked the judge to conduct a separate hearing on the juror misconduct prior to the December 5, 2001 court date to ensure that there be ample time to present all the evidence.
The office of the Arkansas Attorney General had submitted a brief to the Craighead County Court of Judge David Laser agreeing to the admission of juror misconduct evidence in evidentiary hearings in the West Memphis 3 case. According to the Attorney General’s filing, “The State does not resist admission of the juror misconduct evidence, although the State does not believe it will aid the Court’ resolution of the question on remand – whether a new trial would result in acquittal.”
Judge David Laser is expected to rule shortly.