Arkansas Supreme Court says new DNA testing can be sought in 'West Memphis 3' case

FILE - Former Arkansas death row inmate Damien Echols speaks at rally opposing the state’s upcoming executions, on the front steps of Arkansas’ Capitol, Friday, April 14, 2017, in Little Rock, Ark. The Arkansas Supreme Court on Thursday, April 18, 2024, said a judge wrongly denied a request from Echols for new genetic testing of crime scene evidence from the killing of three boys nearly 30 years ago.

Echols, Jason Baldwin and Jesse Misskelley were convicted in 1994 but released in 2011 under a rarely used plea agreement that allowed them to maintain their innocence yet plead guilty in exchange for 18-year sentences and credit for time served. On Thursday, the court reversed the circuit judge’s ruling that the state law allowing for additional testing didn’t apply because Echols wasn’t in custody when he made the request. Justices also rejected the state’s argument during the appeal that the type of plea agreement precluded Echols from seeking additional testing.

“We’re very happy with the court’s ruling this morning upholding the plain language of the statute,” Braga said. “We’re even happier that this means Damien will have another chance to work with the circuit court and or the prosecutor to get new DNA testing done on the evidence at issue.”

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