The June 3 statement, 2:44 PM.

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[76387]

76387 Posts in 6760 Topics by 681 Members
Latest Member: wiltar

[Scott]

the 2-17 statement

http://callahan.8k.com/wm3/jmfeb.html



You can find all of the documents you are looking for at the following link
http://callahan.8k.com

[Tricky8oy]

Thanks heaps for this Scott this is exactly what i was looking for.

[Farm]

Feb 5, the day of his conviction on the way to prison:

http://callahan.8k.com/wm3/jmpc.html

Feb 17:

http://callahan.8k.com/wm3/jmfeb.html

Feb 22:

http://www.callahan.8k.com/wm3/prefeb22.html

His stepmother's comments to police:

http://callahan.8k.com/wm3/cdabbs.html

Coroner's report:

http://callahan.8k.com/wm3/kenth.html

[TJM]

Welcome Tricky  ;)

[Tricky8oy]

Hey TJM

I assume this is Taylorjaysmommy? 

[Tricky8oy]

Mr. Misskelley, my client, informed me -- and which I have a tape recorded conversation of that meeting -- that he did not want to testify, that he was not at the crime scene, that he did not want to testify. I made that very, very clear to Mr. Davis.

Does any one have a transcript or audio of this conversation?

Also can someone tell me what the 6th amendment is please?

one more thing

In that regard I'm going to appoint an independent attorney to question him further and to obtain from him his opinion as to whether or not Mr. Misskelley is willing to testify and I'm going to have him record that conversation with him.

does this transcript exist?

All this research is doing my head in

[kma367]

Tricky, you were quoting Stidham's representations in court and, to my knowledge, the tape he claimed to have played for Davis (or his secretary) and/or a transcript were never made a part of the official case documents.  At the time of the 2/17/94 statement, Miskelley's wish to give the statement and to testify were made very clear prior to that statement being taken by the prosecutor.

The Sixth Amendment essentially says that once a criminal defendant is represented by an attorney, the courts and prosecutors aren't permitted to speak to or question that defendant in the absence of his/her attorney. 

kma367

[Tricky8oy]

Hi Kma

thats correct that part i quoted was the 2/22/94 hearing. So to this day the contents of that tape have never been made public?

thanks also for clarification on the 6th. So if i understand it correctly what the prosecution did on the Wednesday they called Crow that they did violate that right. When they got there they interviewed Misskelley without his attorneys? Thats a violation of the 6th amendment? Is that correct? Is this violation the reason why Misskelley did not testify against Echols and Baldwin at their trial?

I would hate to be lawyer  ???

[Farm]

When they got there they interviewed Misskelley without his attorneys?

No.

In fact they didn't interview Misskelly until after Stidham threatened to have Misskelly physically restrained to prevent him from giving his statement.

We stood out there about another twenty minutes or so. Brent and I walked back in then and Jessie Misskelley was angry. He got up and went out and made some derogatory remarks about -- I won't say about who -- but anyway he stood back out in the lobby and Dan came out and he indicated he wasn't finished talking with Jessie.

Jessie said he didn't want to talk to him anymore. He wanted to make his statement. Dan says, "I will have the sheriff handcuff you and drag you back in there," and Dick says, "Not this sheriff. I will not drag him back in there."

So much for Stidham's ridiculous claim that Misskelly didn't want to give a statement.

Big surprise that he failed to produce his tape recording, huh?

[chitown_alex]

I've read that statement several times the most objectively I possibly can.  I see how reasonable people can see both that it was a legitimate confession and how it was fabricated.  Granted, confessions need not be perfect to be accurate.  However, this one includes so many wrong material facts that it truly raises a question of its validity.  I am by no means an expert on confessions, so I will not speculate whether it is valid or not.  It certainly cannot be denied that plausible arguments can be made by both sides using this confession.  The prosecution landed gold when they got their fingers on this statement.  At face value, it was a clear record of incriminating statements made by Misskelley.  However, upon juxtaposing the facts on the record and the facts in his statement, there are significant holes that inconsistencies that genuine issue of material fact (pardon the legalese). 

I'm going to read more case law involving confessions to see what the Arkansas courts have said regarding this particular type of confession.  Perhaps I'll be able to effectively question the validity of Jessie's confession, or maybe I'll provide citations useful for the Nons.

[Farm]

It certainly cannot be denied that plausible arguments can be made by both sides using this confession.

I've never seen a plausable supporter argument regarding that statement.

All I've seen from them are blatant lies regarding the interrogation, Jessie's mental capacity,  and the statement itself.

For example, you have seen time and time again the supporter claim that Jessie gave multiple times for the murders.

Yet in the statement, whenever Jessie gave an earlier time that "he left", he also insisted the victims were still alive and that "they done it" after he left.

These descrepancies aren't indicative of someone who didn't know when the murders occurred - just the opposite in fact.

These are clearly attempts to distance himself from the actual murders by claiming to have left before they occurred.

[Tricky8oy]

Can anyone tell me if Jesse Misskelley jr ever got evaluated by i psychiatrist. If so What was the result.

[Farm]

You bet.

DAVIS: Now I don’t want to get too complicated ‘cause I don’t understand all this stuff, but I notice down here you said, let’s see, you said he had a high—or you said a mild elevation in the F scale.

WILKINS: Yes.

DAVIS: Ok. Now Doctor it’s true that what you actually found was a T value in that F scale of 83.

WILKINS: Yes.

DAVIS: Now are you telling me that that’s a mild elevation?

WILKINS: It’s an elevation above normal levels.

DAVIS: Well don’t they rank the elevations—as far as the T scale is concerned isn’t that something that’s actually ranked in terms of low range, middle range, moderately high range and very high range?

WILKINS: Yes. That may have been a mistake then. I may well have mispronounced what it was supposed to be.

DAVIS: This is a text regarding—MMPI Handbook. Show me here what an 82 to 88 T score on the F scale indicates to you in that book.

WILKINS: Uh, very high.

DAVIS: Very high?

WILKINS: Yes. This would not be quite the same because this is for the MMPI rather than the MMPI-2, which changed critera, but it would still be in the high range.

DAVIS: So when you put in here that that was a mild elevation, that would not be accurate would it?

WILKINS: No. It would not be. No.

DAVIS: And then from that statement that it was a mild elevation you interpreted that that could show malingering, right?

WILKINS: Yes.

DAVIS: And malingering means what, Doctor?

WILKINS: It means, uh, making up stuff. Trying to present yourself as being ill when you’re not for some particular gain.

DAVIS: Did you explain to Jessie what these tests were being performed for?

WILKINS: We talked some about them in general, yes.

DAVIS: Ok. And he knew that you were coming to court to testify about the results of these tests?

WILKINS: Yes.

DAVIS: And you talked with his lawyers before you took the test or gave him the test?

WILKINS: Yes.

[hoopylass]

Can anyone tell me if Jesse Misskelley jr ever got evaluated by i psychiatrist. If so What was the result.

jessie had IQ and psych evaluations done LONG before the murders took place - in early childhood - both came up with IQ scores in the low 70's, and he was repeatedly held back at school. he had pretty bad behavioural problems and a history of not being able to control his anger(a lot of acting out, unable to concentrate, fighting etc).

[Farm]

jessie had IQ and psych evaluations done LONG before the murders took place - in early childhood - both came up with IQ scores in the low 70's,

Could you show us these evaluations from his childhood, or are you simply repeating things other supporters have told you?

he was repeatedly held back at school

Really?

Jessie was a freshman in high school at 16, What grades did he fail exactly?

Once again you seem to be parrotting things others have told you, rather than rteading the documents for yourself.

he had pretty bad behavioural problems and a history of not being able to control his anger

Finally something that is supported in the documents.