Verdict Announcement in Misskeely Trial Verdict Announcement in Echols/Baldwin Trial (guilt phase)
Jury Announcment in Echols/Baldwin Trial (punishment phase)
Statements by Baldwin and Echols
Judge Burnett sentences Echols to death
Announcement of Verdict in the Jesse Misskelley Trial (February 4, 1994)
THE COURT: Alright, ladies and gentlemen, have you arrived at a verdict or verdicts? Mr. Foreman, if you'd hand it to the sheriff please, or -- hand them to the sheriff.
Alright, your verdicts are in good form, and read as follows:
We, the jury, having found Jessie Lloyd Misskelley Jr. guilty of first-degree murder in the death of Michael Moore fix this sentence at a term of life in the Arkansas Department of Corrections. Signed by T.J. Williams, foreman.
Is this your unanimous verdict, ladies and gentlemen?
MULTIPLE VOICES: Yes, yes your Honor.
THE COURT: Count two. We, the jury, having found Jessie Lloyd Misskelley guilty of second-degree murder in the death of Steven Branch fix this sentence at a term of twenty years in the Arkansas Department of Corrections. Again, signed by the foreman, T.J. Williams. Is that your unanimous verdict, ladies and gentlemen?
(NO AUDIBLE RESPONSE)
THE COURT: Alright, verdict uh, form three. We, the jury, having found Jessie Lloyd Misskelley Jr. guilty of second-degree murder in the death of Christopher Byers fix his sentence at a term of twenty years in the Arkansas Department of Correction. Signed by T.J. Williams, foreman. Is that your unanimous verdict, ladies and gentlemen?
MULTIPLE VOICES: Yes.
THE COURT: Questions, gentlemen? Do you want the jury polled?
STIDHAM: Yes, your Honor.
THE COURT: Alright, again ladies and gentlemen, if these are your verdicts, as your name is called please answer yes.
CLERK: Carla Pratt.
RESPONSE: Yes.
CLERK: Stephen Green.
RESPONSE: Yes.
CLERK: James Rainwater.
RESPONSE: Yes.
CLERK: Theresa Burgess.
RESPONSE: Yes.
CLERK: Ronnie Smith.
RESPONSE: Yes.
CLERK: Lloyd Champion.
RESPONSE: Yes.
CLERK: Margie Woods.
RESPONSE: Yes.
CLERK: Donna Ludina Moore.
RESPONSE: Yes.
CLERK: Janet Luter.
RESPONSE: Yes.
CLERK: April Lundstrom.
RESPONSE: Yes.
CLERK: Aubrey Dacus.
RESPONSE: Yes.
CLERK: T.J. Williams.
RESPONSE: Yes.
THE COURT: Any other questions, gentlemen? Alright, ladies and gentlemen, with the thanks of the Court for your consideration of this case, you'll be excused from further attendance and need not report back in the morning at 9:30 -- and for that matter, for the next two years, uh, you'll be exempt from jury duty. I thank you very much for your consideration of, of a difficult case and one that obviously had uh, ramifications that are not normally uh found in criminal cases uh the attention, the pressure I know you went through, and I certainly appreciate your hard work and dedication, and thank you very much.
I have been asked to inquire of you by the media whether or not you want one of your member to be a spokesman, whether or not you choose not to make any statement whatsoever, and I want to point out to you you're not obligated to say anything to anyone about your deliberations. If you all would like to have a minute or two to discuss that before you depart uh --
MULTIPLE VOICES: We have discussed it.
THE COURT: You have discussed it? Alright, and what, what is your pleasure in that matter?
MULTIPLE VOICES: No comment, no comment.
THE COURT: Alright, then, then I'll certainly honor that and I'll expect everyone else to. And you're not obligated to make any statement to anyone, so. With the thanks of the Court, you're free to go, and I really appreciate your consideration. If you'd like, I can have officers escort you to your cars, and um, you're free to go. I want everybody to remain in the courtroom while the jury departs.
Everyone please rise while the jury leaves.
(COURTROOM NOISES)
Alright, you may be seated.
Alright, Mr. Misskelley, if you could come around the front here, and Dan and... I need another docket sheet, a blank.
UNKNOWN: (INAUDIBLE)
THE COURT: You want me to just write on the blank one in the back, and then y'all move it?
(MUMBLING)
THE COURT: Alright, Mr. Misskelley, did you hear the jury's finding and the reading of the verdict in your case?
MISSKELLEY: Yes, sir.
THE COURT: Do you have any legal reason or cause to tell the Court why sentence should not be imposed at this time?
MISSKELLEY: (MUMBLE)
THE COURT: You're gonna have to an -- I heard you, but you need to answer out a little bit louder.
MISSKELLEY: No, sir.
THE COURT: Alright. Uh, it's my responsibility and duty to tell you that you have a right to appeal your convictions in these cases. You must give notice within the statutory period of time, you have court appointed counsel that can consult with you and your family in that regard. But you are notified you do have a right to appeal and you're entitled uh, to a bond on these charges. Do you gentlemen want an appeal bond fixed at this time or you -- 'cause it starts your time running -- or do you wanna discuss that with Mr. Misskelley and his family?
STIDHAM: We'll have to discuss that, your Honor.
THE COURT: Alright. Is there anything you want to say before sentence is imposed? You have a right to make any statement you care to at this time.
MISSKELLEY: No, your Honor.
THE COURT: You also have a right to have your attorneys make any comment in your behalf that you want them to. You understand that?
MISSKELLEY: Yes, sir.
STIDHAM: Your Honor, the one comment that we'd like to make is we respectfully request the Court to run the sentences concurrently as opposed to consecutively.
THE COURT: Alright, well, I, I understand your statement in that regard, and of course, that's a matter that addresses itself to the discretion of the Court and I'll con -- I'll consider that. Um, is there anything else you want to say to the Court or do you have any questions you want to ask the Court at this time?
MISSKELLEY: No, sir.
THE COURT: Are you satisfied with the service and advice of your attorneys through this trial?
MISSKELLEY: Yes, sir.
THE COURT: Alright. Alright, based upon the jury's verdict finding you guilty of first-degree murder in the death of Michael Moore, you'll be adjudicated guilty and you'll be sentenced to the Arkansas Department of Corrections for a term of life.
And in the count involving the death of Steven Branch, the jury having found you guilty of second-degree murder, you'll be adjudicated guilty and be sentenced to an additional term of twenty years in the Arkansas Department of Corrections.
And in regard to the death of Christopher Byers, the jury having found you guilty of second-degree murder, you'll be adjudicated guilty of second-degree murder and be sentenced to an additional term of twenty years in the Arkansas Department of Corrections.
It'll be the finding of the Court that all of those sentences will, will run consecutively. That is, you will receive a life sentence plus forty years. And that'll be the judgment of the Court.
You'll be remanded to the custody of the sheriff for immediate transportation to the Department of Corrections.
Mr. Sheriff, you'll be directed to forthwith take him to the Arkansas Department of Corrections and delivered to the proper custodian. And that'll be the judgment of the Court, and this Court will be in recess until February the 22nd.
Announcement of Verdict in the Damien Echols/Jason Baldwin Trial (Guilt phase)(March 18, 1994)
JONESBORO, ARKANSAS, MARCH 18, 1994, AT 9:30 A. M.
(JURY ENTERING JURY ROOM AT 9:30 A. M.)
(JURY ENTERING COURTROOM AT 3:30 P. M.)
The Bailiff: Court will be in session. Be seated.
The Court: Alright, ladies and gentlemen, the bailiff informs me that you've arrived at verdicts. If you have, pass them to the bailiff, please -- or the Sheriff.
Foreperson: (COMPLIES)
The Court: Alright, your verdicts are in good form and reads as follows. And before I announce the verdict, ladies and gentlemen, I understand that there’s a great deal of emotion from everyone involved. The courtroom is not a place to display that emotion and I will not tolerate and cannot tolerate a display of emotion, so if you feel the need to express yourselves you need to get up and go outside the courtroom to do so. And, again, I understand any emotion that you might feel.
The first verdict reads as follows:
We, the jury, find Damien Echols guilty of capital murder in the death of Stevie Branch.
We, the jury, find Damien Echols guilty of capital murder in the death of Chris Byers.
We, the jury, find Damien Echols guilty of capital murder in the death of Michael Moore.
We, the jury, find Jason Baldwin guilty of capital murder in the death of Chris Byers.
We, the jury, find Jason Baldwin guilty of capital murder in the death of Stevie Branch.
We, the jury, find Jason Baldwin guilty of capital murder in the death of Michael Moore.
All the verdicts are signed by the foreman. Ladies and gentlemen, it’s necessary at this time that the Court poll the jury as to all six verdicts. So, when your name is called, if these six verdicts represent your individual verdict then answer "yes" as your name is called.
The Clerk: Peggy Roebuck?
Juror number 1: Yes.
The Foreman: Judge---
The Court: Pardon?
The Foreman: Do you have to use names?
Mr. Price: Numbers? Initials?
The Court: You won’t know your number, will you?
The Foreman: I'm one, two, three, four.
The Court: Alright, call them in that fashion. That’ll be alright.
The Clerk: Juror number 1?
The Court: Juror number 1?
Juror number 1: Yes.
The Clerk: Juror number 2?
Juror number 2: Yes.
The Clerk: Juror number 3?
Juror number 3: Yes.
The Clerk: Juror number 4?
Juror number 4: Yes.
The Clerk: Juror number 5?
Juror number 5: Yes.
The Clerk: Juror number 6?
Juror number 6: Yes.
The Clerk: Juror number 7?
Juror number 7: Yes.
The Clerk: Juror number 8?
Juror number 8: Yes, your Honor.
The Clerk: Juror number 9?
The Court: Who’s that? Remember who number 9 is? Hold up your hand if you haven't answered.
Juror number 11: I’m 11, yes.
Juror number 12: I’m 12, yes.
The Court: Who’s 10? Yes?
Juror number 10: I'm number 10. Yes.
The Court: That’s everyone. Alright, any further questions gentlemen regarding that verdict?
Mr. Ford: I didn't hear Mr. Billingsley.
The Court: Mr. -- well everybody knows your name.
Juror number 9: Yes.
The Court: Your verdict, these are, do represent your verdicts?
Juror number 9: Yes.
The Court: Alright gentlemen, if there are no further questions then the Court’s ready -- Mr. Foreman, I understand that you have expressed a desire not to be questioned by the media whatsoever or to be contacted about your decision in this case at this point. Ofcourse each of you understand that it will be necessary for the court to read you additional jury instructions and for the State and the defendants to produce any aggravation or mitigation that that they care to. That probably is going to take us a few minutes to get it together. Gentlemen, do you have any idea?
Mr. Price: Judge, if we could approach the bench.
The Court: Alright.
(Bench conference)
Mr. Wadley: Your Honor, you told us this morning we could -- you told us today if they hadn't reached a verdict by twelve-thirty we could do it in the morning.
The Court: Yes, but they’ve expressed an interest through the foreman of wanting to do it today.
Mr. Price: Our witnesses are not here today, Judge.
The Court: Is there no way you can get them here?
Mr. Price: Not in four hours from Pine Bluff, no sir.
Fogleman: Can you -- and I’m just asking --
Mr. Price: Sure.
Fogleman: Do you have some you could put on this afternoon?
Mr. Wadley: Judge, I'd rather do it all together in the morning.
The Court: Well, I understand the dilemma.
(Return to open court)
The Court: Alright ladies and gentlemen, and Mr. foreman you expressed a desire to continue today and course it’s fifteen to four, there’s a sufficient period of time for you to work and deliberate and I recognize that. However, the mechanics of the rest of the proceeding on punishment will allow the defendants to put on mitigation, which means they can call witnesses. Those witnesses are simply not available today. Some are away, some are in Little Rock, did you indicate Little Rock?
Mr. Price: Yes sir, we need to check to see when he can get here.
The Court: Other locations, it’s just -- as much as I hate to have to come back tomorrow, that’s what we’re gonna have to do. Or -- (pause) I don’t know any other choice gentlemen, do you?
Mr. Price: We would need to make a phone call, judge.
The Court: Pardon?
Mr. Price: We would need to make a phone call to make sure one particular witness would be available tomorrow.
The Court: You mean there’s a possibility they couldn’t be available tomorrow morning?
Mr. Price: That’s -- that’s correct, there’s a possibility that we need to check on.
(Pause)
The Court: Well, make your phone call. We’ll recess for a few minutes here and then -- I’m planning on proceeding tomorrow morning. Gentlemen, do y’all have any problem with tomorrow morning? Are you all ready?
Unidentified: Yes we are, your Honor.
The Court: Well, I would prefer going ahead today myself, it’s physically going to be impossible. I recognize that today’s another day and that you probably -- you’ve worked 12 or so hours on it and you’d like to finish it, but it might be best that you get a good nights sleep and come back tomorrow and finish this. So Mr. Foreman, I think that’s what we’re gonna have to do. As much as I regret it, but that’s what will have to be done.
(Inaudible)
The Court: Well, I don’t think they could get them from Little Rock here. Do y’all have any witnesses that are available today? Are you all going to have to put on any additional proof?
Mr. Fogleman: Your Honor, not --
Mr. Davis: I don’t think it will be testimony.
Mr. Fogleman: We might be --
The Court: Paper, paper proof, not testimony. And you’ll have testimony?
Mr. Price: Yes.
The Court: How many witnesses?
Mr. Price: Three to five, your Honor
The Court: Length of time?
Mr. Price: One witness -- one witness would be probably an hour to an hour and a half of our testimony, with room for cross examination. The others would not be as long. There would be also some, some other evidence.
The Court: Gentlemen, how many witnesses do you anticipate?
Mr. Ford: We don’t know at this time, your Honor
The Court: Alright well, I’m gonna let the jury go until in the morning then. Alright ladies and gentlemen, again, since you’ve concluded, and the Court will accept your verdicts in the case as the verdict as to the guilt or innocence, you’ll need to be further instructed on punishment and hear -- I imagine a couple of hours of additional, maybe 3 hours of additional testimony. And then retire to consider the punishment. The Court will have to give you detailed instructions in that regard so. You’re again reminded that you’re still not to discuss this case with anyone and you’re free to go until in the morning at 9:30. I don’t want anybody to even attempt to talk to or interfere with any of the jurors whatsoever. In fact I’m gonna have you have officers escort to your vehicles. But we’ll simply have to come back tomorrow morning. I want everybody to remain in the courtroom while the jury departs.
(JURY EXITING COURTROOM)
Announcement of Verdict in the Damien Echols/Jason Baldwin Trial (Punishment phase)(March 19, 1994)
(JURY LEAVING THE COURTROOM AT 2:05 P.M.)
THE COURT: I want to be sure the record reflects that you understood the Court's ruling --
MR. PRICE: -- Yes, sir --
THE COURT: -- that Mr. Echols did have and would have been permitted an opportunity to make any statement in the sentencing phase had he chosen to do so.
MR. PRICE: Yes, sir.
THE COURT: As far as the right of allocution, the Court will again afford him the right of allocution at the time of pronouncement of any sentence.
MR. PRICE: Yes, sir. We understand the Court's ruling.
THE COURT: I just wanted to be sure it was (3543)
(PAGE 3544 IS MISSING)
(EXAMINING) All right, ladies and gentlemen, your verdicts are in good form and read as follows:
We the jury after careful deliberation have unanimously determined that the following aggravating circumstance or circumstances existed beyond a reasonable doubt at the time of commission of capital. It is checked and signed by the foreman as a unanimous finding.
The murder of Michael Moore committed by Jason Baldwin was committed in an especially cruel and depraved manner.
We the jury after careful deliberation have unanimously determined that the following aggravating circumstance or circumstances existed beyond a reasonable doubt at the time of the commission of the capital murder.
The murder of Stevie Branch committed by Jason Baldwin was committed in an especially cruel and depraved manner.
We the jury after careful deliberation have unanimously determined that the following aggravating circumstance or circumstances existed beyond a reasonable doubt at the time of the commission of the capital murder.
The capital murder of Chris Byers committed by (3545) Jason Baldwin was committed in an especially cruel or depraved manner.
Form two, count two. The following mitigating circumstances were unanimously found in regard to Jason Baldwin in the death of Stevie Branch.
The capital murder was committed while Jason Baldwin was acting under unusual pressures or influences or under the domination of another person.
The youth of Jason Baldwin at the time of the commission of the capital murder.
The capital murder was committed by another person and Jason Baldwin was an accomplice and his participation relatively minor.
Jason Baldwin has no significant history of prior criminal activity.
There were no other mitigating factors found and it is appropriately signed as a unanimous finding by the foreman.
Form two, mitigating circumstances as to count three. We the jury find in regard to Jason Baldwin that the following mitigating circumstances probably existed at the time of the murder.
A unanimous finding that the capital murder was committed while Jason Baldwin was acting under unusual pressures or influences or under the domination of (3546) another person.
The youth of Jason Baldwin at the time of the commission of the capital murder.
That the capital murder was committed by another person and Jason Baldwin was an accomplice and his participation relatively minor.
Jason Baldwin has no significant history of prior criminal activity.
There were no other findings with regard to form two, mitigation. And it is appropriately signed as a unanimous finding by the foreman.
Form three, conclusions as to count one.
MR. FORD: Your Honor, I didn't hear. Was there nothing on form two as to Michael Moore, count one?
THE COURT: Maybe I skipped it. Let me check. (EXAMINING) I've got them here, but I apparently overlooked it.
Count one as to Jason Baldwin in the death of Michael Moore.
We the jury unanimously find in regard to Jason Baldwin that the following mitigating circumstances probably existed at the time of the murder.
The capital murder was committed while Jason Baldwin was acting under unusual pressures or influences or under the domination of another person. (3547)
The youth of Jason Baldwin at the time of the commission of the capital murder.
The capital murder was committed by another person and Jason Baldwin was an accomplice and his participation relatively minor.
Jason Baldwin has no significant history of prior criminal activity.
There were no other mitigating circumstances indicated on any part of form two. It is appropriately signed by the foreman as a unanimous finding.
Form three, conclusions, count one. Jason Baldwin as to the death of Michael Moore.
The jury having reached its final conclusions will so indicate by having its foreman place a checkmark in the appropriate space in accordance with the jury's findings. In order to check any space the conclusions must be unanimous. The foreman of the jury will then sign the end of this form.
We the jury conclude that one or more aggravating circumstances did exist beyond a reasonable doubt at the time of the commission of the murder. Signed by the foreman. There were no other boxes included.
A similar finding as to count two on Jason Baldwin with regard to the death of Stevie Branch. (3548)
We the jury conclude one or more aggravating circumstances did exist beyond a reasonable doubt at the time of the commission of the capital murder, signed by the foreman indicating a unanimous finding.
Form three, count three, with regard to the death of Chris Byers by Jason Baldwin.
We the jury conclude one or more aggravating circumstances did exist beyond a reasonable doubt at the time of the commission of the capital murder, signed by the foreman as a unanimous finding.
Form four, the verdict, in regard to count one, the death of Michael Moore by Jason Baldwin.
We the jury after careful deliberation have determined that Jason Baldwin shall be sentenced to life imprisonment without parole, signed by all twelve members of the jury including the foreman.
Count two in regards to Stevie Branch, verdict. We the jury after careful determination have determined that Jason Baldwin shall be sentenced to life imprisonment without parole, signed by all twelve members of the jury.
Count three with regard to Chris Byers.
We the jury after careful deliberation have determined that Jason Baldwin shall be sentenced to life imprisonment without parole, signed by all twelve (3549) of the jurors indicating their individual verdict.
Ladies and gentlemen, with regard to the verdicts just read, are those your individual verdicts represented by your signatures on the verdict forms?
THE JURY: Yes, they are.
THE COURT: Count one. Michael Moore, aggravating circumstances with regard to charges against Damien Echols.
We the jury after careful deliberation have unanimously determined that the following aggravating circumstance or circumstances existed beyond a reasonable doubt at the time of the commission of the capital murder.
The murder of Michael Moore committed by Damien Echols was committed in an especially cruel or depraved manner.
Count two, Stevie Branch. We the jury after careful deliberation have unanimously determined that the following aggravating circumstance or circumstances existed beyond a reasonable doubt at the time of the commission of the capital murder.
The murder or Stevie Branch committed by Damien Echols was committed in an especially cruel and depraved manner. (3550)
Count three, Chris Byers.
We the jury after careful deliberation have unanimously determined that the following aggravating circumstance or circumstances existed beyond a reasonable doubt at the time of the commission of the capital murder.
The murder of Chris Byers committed by Damien Echols was committed in an especially cruel or depraved manner.
Form two, mitigating circumstances, count one, Michael Moore.
We unanimously find in regard to Damien Echols that the following mitigating circumstances probably existed at the time or the murder.
The capital murder was committed while Damien Echols was under extreme mental or emotional disturbance.
The capital murder was committed while Damien Echols was acting under unusual pressures or influences or under the domination or another person.
No other mitigating circumstances were found. It is appropriately signed by the foreman.
Count two, Stevie Branch. We the jury unanimously find in regard to Damien Echols that the following mitigating circumstances probably existed at (3551) the time of the capital murder.
The capital murder was committed while Damien Echols was under extreme mental or emotional disturbance.
The capital murder was committed while Damien Echols was acting under unusual pressures or influences or under the domination of another person.
There are no other mitigating factors indicated and it is signed by the foreman.
Count three, Chris Byers, form two, mitigating circumstances.
We unanimously find in regard to Damien Echols that the following mitigating circumstances probably existed at the time of the capital murder.
The capital murder was committed while Damien Echols was under extreme mental or emotional disturbance.
The capital murder was committed while Damien Echols was acting under unusual pressures or influences or under the domination of another person.
There are no other mitigating circumstances indicated. It's signed by the foreman on the line provided.
Form three, conclusions, count one, Michael Moore. (3552)
We the jury having reached its final conclusions will so indicate by having the foreman place a checkmark in the appropriate space or spaces in accordance with the jury‘s finding, In order to check any space your conclusions must be unanimous. The Foreman of the jury will then sign at the end of this form.
We the jury conclude that one or more aggravating circumstances did exist beyond a reasonable doubt at the time or the commission or the capital murder.
The aggravating circumstances outweigh beyond a reasonable doubt any mitigating circumstances.
The aggravating circumstances justify beyond a reasonable doubt a sentence of death, signed by the foreman as a unanimous finding.
Count two, Stevie Branch.
We the jury conclude one or more aggravating circumstances did exist beyond a reasonable doubt at the time of the commission of the capital murder.
The aggravating circumstances outweigh beyond a reasonable doubt any mitigating circumstances.
The aggravating circumstances justify beyond a reasonable doubt a sentence of death, signed by the foreman as a unanimous finding.
Count three, Chris Byers. We the jury conclude (3553) one or more aggravating circumstances did exist beyond a reasonable doubt at the time of the commission of the capital murder.
The aggravating circumstances outweigh beyond a reasonable doubt any mitigating circumstances.
The aggravating circumstances justify beyond a reasonable doubt a sentence of death.
Verdict forms: Count one in the death of Michael Moore.
We the jury after careful deliberations have determined that Damien Echols shall he sentenced to death by lethal injection, signed by all twelve of the jurors.
Count two, Stevie Branch.
We the jury after careful deliberation have determined that Damien Echols shall be sentenced to death by lethal injection, signed by all twelve jurors.
Count three, Chris Byers.
We the jury after careful deliberation have determined that Damien Echols shall be sentenced to death by lethal injection, signed by all twelve jurors.
Ladies and gentlemen, again, are those your unanimous findings represented by your signatures on (3554) the verdicts I read?
THE JURY: Yes, they are.
THE COURT: All right, gentlemen, are there any other questions at this time?
MR. DAVIDSON: I ask that the jury be polled, your Honor.
THE COURT: I don't see a need to poll the jury beyond what I‘ve done because their signatures are represented on each of the verdict forms.
Are these your signatures on the forms?
THE JURY: Yes.
THE COURT: All right, ladies and gentlemen. the Court wants to express its thanks and appreciation for your service during this long trial. I think perhaps it‘s the longest trial that has been conducted in this area, at least in my recollection. It was extremely difficult. You've been diligent in your efforts and appeared to consider your task with the appropriate sense of urgency and fair play.
And I appreciate it and I know I speak for all the attorneys and people present that you performed a difficult and thankless job, frankly. I appreciate it. You'll be permitted to go and I'll have the officers escort you --
MR. FORD: -- Your Honor -- (3555)
THE COURT: -- Just a minute. I'm going to ask, however, that you step back into the jury room just for a few minutes more while the Court concludes sentencing and some other matters. You‘re welcome to stay in the jury box if you care to during sentencing.
What is your pleasure in that regard? You can have a few minutes in the back or you can stay for sentencing.
THE FOREMAN: We'll stay.
THE COURT: All right. Gentlemen, if you would have your clients stand, please.
THE DEFENDANTS: (COMPLYING)
THE COURT: Mr. Baldwin and Mr. Echols, did each of you -- Mr. Baldwin and Mr. Echols -— hear the reading of the verdicts in your cases? Mr. Echols, did you hear them?
DEFENDANT ECHOLS: Yes, sir.
THE COURT: Mr. Baldwin, did you hear the Court read the sentences?
DEFENDANT BALDWIN: Correct.
THE COURT: Do either of you have any legal reason to show the Court or give the Court as to why sentence should not be imposed? Mr. Echols?
DEFENDANT ECHOLS: No, sir.
THE COURT: Mr. Baldwin? (3556)
DEFENDANT BALDWIN: Because I'm innocent.
THE COURT: Pardon?
DEFENDANT BALDWIN: Because I'm innocent.
THE COURT: Well, the jury has heard the evidence and concluded otherwise.
Do either of you have anything you want to say?
DEFENDANT ECHOLS: Nope.
DEFENDAHT BALDWIN: No.
THE COURT: Are you satisfied that the opportunity for allocution has been made?
MR. PRICE: Yes, sir.
MR. FORD: Yes, sir.
MR. DAVIDSON: But not giving up our previous objection.
THE COURT: I understand that. All right, gentlemen, I'm ready to proceed with sentencing unless you have any other matters you want to bring up at this time?
MR. WADLEY: Not with respect to sentencing, your Honor.
THE COURT: Mr. Baldwin, you have heard the reading of the verdicts in your case and it is -- first of all, the Court has an obligation to advise you, each of you, that you have a right to appeal, that you must give notice of your intentions to (3557) exercise that right within the statutory period of time. Each of you have competent lawyers that will discuss those matters with you and advise you on it. It's my obligation to let you know you do have a right to appeal, and you need to consider that with your attorneys.
This being a capital offense in each of your cases there will be no bond set. It is not a bailable offense so you will have time to discuss with your lawyers what your intentions are within the next days.
In your case, Mr. Baldwin, you will be adjudicated guilty of three counts of capital murder. You will be sentenced to the Arkansas Department of Corrections to a term of life without possibility of parole on each of the three counts.
You will be at this time remanded to the custody of the sheriff for transportation to the Arkansas Department of Corrections immediately to carry out the sentence of the Court in this regard. He will be in your custody. Mr. Sheriff.
Mr. Echols, do you have anything further you would care to say before pronouncement of sentence?
DEFENDANT ECHOLS: No, sir.
THE COURT: Mr. Echols, the jury having found you (3558) guilty of capital murder, three counts, in the death of Michael Moore, Chris Byers and Stevie Branch, you are hereby adjudicated guilty of capital murder, three counts, and you are remanded to the custody of the sheriff to be immediately transported to the Arkansas Department of Corrections where the director of the Arkansas Department of Corrections or his duly appointed and designated representative will on the fifth day of May. 1994, be directed to cause to be administered a continuous intravenous injection of a lethal quantity of an ultra-short acting barbituate in combination with a chemical paralytic agent into your body until you are dead.
He will be in your custody, Mr. Sheriff, for immediate transportation to the Department of Corrections to carry out the orders of this Court.
All right, ladies and gentleman, if you would step back into the jury room for just a few minutes.
(JURY LEAVING THE COURTROOM AT THIS TIME)
(THE FOLLOWING CONFERENCE WAS HELD AT THE BENCH)
MR. FORD: Your Honor, the short report prepared by the prosecuting attorney's office indicates that on May 5, 1993, the defendant along with Jessie Misskelley and Damien Echols killed three eight-year-old boys. (3559)
Your Honor, there's been no finding that this defendant did anything with Jessie Misskelley, and we would object to the short report containing his name.
There has been no finding, there was no adjudication by this jury in this court that my client did anything with Jessie Misskelley, and we object to that being included in the short report which is placed in his Department of Corrections file because there has been no such finding by this Court, and it would be inappropriate for him to do that.
MR. FOGLEMAN: Your Honor, there doesn't have to be. That is a report of the prosecuting attorney to the Department of Corrections. There doesn't have to be a finding of any Court to that effect.
THE COURT: As far as I know, there hasn't been a finding by this Court or by the jury. Those are the statements of the prosecuting attorney that are required by law to be submitted with the judgment signed by the Court.
The judgment of the Court certainly doesn't reflect that. That’s the prosecuting attorney's estimation of the file. I suppose if you wanted to file an objection to it, you could file it. I don't have any problem with that.
MR. FORD: I just wanted to state for the record (3560) that this is required by law. It will be placed in his jacket at the Department of Corrections. It will be -- and there has been -- with the absence of a finding that he did anything with Jessie Misskelley, we want the record to be clear that we will be objecting to this short report being included in his file as there has been no finding and the judgment of the Court does not indicate that my client did anything with Jessie Misskelley.
MR. DAVIDSON: We join in that objection, your Honor.
THE COURT: The record may so reflect your objection. If you care to make a statement or an additional report to be included in the file, you will be permitted to do so.
MR. FORD: Your Honor, I'd also inquire as to what facts in mitigation and what facts in aggravation the Court is going to include on the departure report.
THE COURT: The departure report is not applicable to capital felony cases. It's a report that's required by the new sentencing act at anytime when the sentencing judge departs either up or down from the presumptive sentence found on the grid.
Capital murder, rape, first degree murder and some other felonies are excluded from the sentencing (3561) act and guideline and it's not even an appropriate subject matter to be included.
We included it simply because the Department of Corrections may be looking for that form just out of paperwork and we put the statement on it that it is not applicable to this case.
MR. FORD: I don't see anything on here.
THE COURT: It should be printed on there that it is not applicable. The one I signed indicates that it is not applicable to the case.
MR. FORD: Your Honor, that's the reason I --
THE COURT: -- We put it in there just because if they're looking for it, it's going to be there, and the Court's going to say that it’s not pertinent or applicable to the particular case.
If you want to prepare something real quick, your statement to be placed in there, I'll allow you to do that.
MR. FORD: Your Honor, we will submit a report directly to the Department of Corrections in due course so that it can be typewritten.
THE COURT: All right.