Free Devil’s Knot by Mara Leveritt Page A

don’t need a trial, we need a lynching.” Claiming that Jessie could not get a fair trial anywhere in northeastern Arkansas, due to the extent of the pretrial publicity, Stidham argued that the law requiring that he be tried there was unconstitutional. Later he told reporters that he would like to see Jessie’s trial moved “as far away from West Memphis as possible.”
    Jason’s lawyers took another approach to the publicity problem. Worrying that the pretrial motions they were filing might “reveal the essence of the defendant’s defense,” Ford and Wadley asked Burnett to seal all subsequent filings in the case. The Commercial Appeal was already concerned about the level of secrecy shrouding the case. When reporters learned of efforts to further restrict access to information, the paper filed a lawsuit. It objected to any future seals and asked Burnett to remove those that had been imposed at the time of the arrests. Burnett split the difference; he left the earlier, state records sealed but refused to seal pretrial motions.
    Damien’s lawyers filed affidavits showing results of a mini poll they’d conducted, in which all twenty-six of the respondents said they doubted the defendants could get a fair trial anywhere in the judicial district. Asked what “the motive for the murder is believed or known to be,” those questioned in the survey had answered: “cults,” “devil worshiping,” “Satan worship,” “hate,” and “cruelty.”
    Jessie’s lawyer asked, “Would the Court consider moving the case outside the district?”
    “I don’t really see the need to do that,” Burnett responded. “Granted, I keep seeing these revealing reports on all the TV channels, and the Commercial Appeal is having a field day. It would seem to me that the news media could exercise a little restraint and maybe we could go on with the business at hand.”
    “Your Honor, that is the exact point,” Stidham implored. “That is why I want to leave the district.”
    But Burnett would not be moved. He announced that Jessie would be tried in January, in the tiny town of Corning, a few miles south of the Missouri border. Damien and Jason would be tried the following month, in Jonesboro, the district’s largest city.
“Every Note—Everything”
    As 1993 drew to a close, the defense attorneys were still begging Judge Burnett to let them question detectives Gitchell, Ridge, and Allen under oath. The lawyers wanted to understand precisely what had led the police to these three particular defendants. Stidham argued that Fogleman, through the use of his subpoenas, had “the right to go out and force people to come into their offices and put them under oath, ask them questions and have a court reporter there. We don’t have that power, and it inhibits our ability to represent our client.” But again, Fogleman insisted that the state was reporting everything it learned to the defense attorneys.
    “Your Honor,” the prosecutor complained, “they keep talking about a level playing field. We’ve provided them everything that we have. We have no right to find out what their investigation discloses, and so the playing field is not level, and it is balanced in their favor, as far as discovery is concerned.”
    “Judge,” Stidham countered, “Mr. Misskelley was interrogated by the West Memphis police for somewhere around twelve hours, yet the transcript is nowhere near twelve hours long. We should be entitled under due process, equal protection, and other constitutional requirements and safeguards to talk to these officers and find out what happened in this other time.”
    “You have got my permission to talk to them,” Burnett responded.
    “Do we have permission to ask them questions under oath and have a court reporter present?”
    “No. No, you don’t…. I would like to know if there is any Arkansas case where you are permitted to do that.”
    “Your Honor,” Stidham began again, “even a civil defendant has the