Lawyer defends handling of defense in ’93 slayings
Posted on Thursday, September 25, 2008
JONESBORO — A man convicted in the 1993 slayings of three West Memphis boys knew of witnesses who could provide an alibi, his former attorney said Wednesday.
But Paul Ford, the attorney who represented Jason Baldwin, testified that he didn’t call on them during a 1994 capital murder trial because “they were unreliable.”
Ford said he felt that prosecutors could have shot holes in Baldwin’s alibis if the witnesses took the stand.
Ford testified Wednesday in Craighead County Circuit Court during a hearing to determine if Baldwin received adequate legal representation during his trial. If Circuit Judge David Burnett rules that Baldwin did not receive proper counsel, he could rule that Baldwin deserves a new trial.
The hearing resumes this morning in Jonesboro. Jessie Misskelley, who was also convicted in the killings and was sentenced to life plus 40 years in prison, will have a similiar proceeding under Burnett today.
Burnett has set aside four days for the proceedings and could decide if the two merit new trials by Tuesday.
Baldwin, 16 at the time, was convicted of three counts of capital murder and was sentenced to life in prison without parole in March 1994. At the time, he wore long, curly hair past his shoulders and appeared shy during his original trial. On Wednesday, the now-31-year-old Baldwin arrived in court wearing short cropped hair and black-framed glasses. He frequently conversed with his attorney during the hearing and made eye contact with everyone.
Damien Echols was convicted with Baldwin and was sentenced to die by lethal injection.
John Philipsborn, who now represents Baldwin, spent much of Wednesday questioning Ford’s defense strategies for Baldwin.
Ford testified that he decided not to present witnesses who could have said Baldwin was either mowing his uncle’s yard or talking on the telephone when the three boys were killed because they were unreliable. He said Baldwin’s mother, Gail Grinnell, was under stress after her son was arrested and he felt that she would not provide consistent testimony.
“I explored diligently any valuable and reliable testimony that would have established an alibi,” Ford said in court. “I did not find successfully what I was looking for — an alibi that would not unravel on me.”
Ford said he felt that it was better when considering a jury’s response to not have an alibi at all rather than a weak one.
Ford also said he was aware that Baldwin was in school in Marion on May 5, 1993, the day Steve Branch, Michael Moore and Christopher Byers were killed. But he did not present school records during Baldwin’s trial showing that because the state said the three second-graders were killed in the evening after school was out.
“As much as I wanted to see Jason go free, I cannot imagine I would not have put on a witness if I thought it would help his alibi,” Ford said. Ford said he still strongly believes Baldwin is innocent.
A hearing to determine Echols’ legal counsel’s efficiency was held in 2000; Burnett ruled then that Echols received adequate representation and denied him a new trial.
Wednesday’s hearing pitted two former adversaries. Second Judicial District prosecutor Brent Davis is now defending Ford. The two battled when Davis prosecuted Baldwin in 1994.
It also created friends of former enemies. John Mark Byers, the father of slain Christopher, who once “condemned” the three convicted men “to hell,” has since befriended Echols and Baldwin. Byers says he believes they did not kill his son and the two other boys.
Before court began Wednesday, Byers walked to the defense desk and shook hands with Baldwin. He also hugged Baldwin’s mother who attended the hearing.
“When Misskelley was convicted [in February 1994 ], I was glad,” Byers said to a reporter as the hearing began Wednesday. “I needed someone to hate. When Echols and Baldwin were convicted, I thought they had good lawyers. I started asking questions. I took Police 101 and realized there were a lot of things not answered.”
During the hearing, Ford testified Wednesday that he felt that Echols’ defense during the 1994 trial with Baldwin hurt his client’s chances of gaining an acquittal. The two were tried together in Jonesboro.
“Damien’s testimony hurt him significantly,” Ford said. “I was saddled by that.”
He also called a confession made by Misskelley to West Memphis police and his earlier conviction in Clay County the “elephant in the room” when Baldwin was tried.
“My job was to establish reasonable doubt,” Ford said. “My client didn’t do it. I did everything I could do to poke a hole in the balloon [of evidence ] blown up by the state.
“ I still believe Jason didn’t do it,” he said. Baldwin then looked at Ford and nodded to him.
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