Devil's Knot_ The True Story of the West Memphis Three - Mara Leveritt [113]
Then Jason’s lawyer moved for a mistrial. But Burnett was adamant. He noted, “There isn’t a soul up on that jury or in this courtroom that doesn’t know Mr. Misskelley gave a statement.” He said he would caution the jury to disregard Ridge’s statement, and ruled that the trial would continue.
“Cult Activity”
Back in front of the jury, Damien’s lawyer resumed his questioning of Ridge. Price asked the detective about the blood scrapings that Ridge and Sergeant Allen had taken from the wall of the Bojangles rest room after the boys’ bodies were found. “What is the date that you sent the blood scrapings off to the crime lab to be analyzed?” Price asked.
Ridge answered, “They were never sent.”
“They were never sent?”
“That’s correct.”
“Where are the blood samples at this time?”
“I don’t know, sir. They are lost.”
“They’re lost?
“Yes sir.”
Price then attempted to ask Ridge about his note, written a few days after the murders, about an area resident who’d told police that “some black men” had been seen in the woods. Beneath Ridge’s note on the call, Gitchell had added his own comment that “it has been mentioned that during cult activities, some members blacken their faces.” Price mentioned the report to Ridge so that jurors would realize how early in their investigation Gitchell and his detectives had begun looking upon the murders as possibly “cult related.” But Fogleman interrupted and the lawyers approached the bench. Fogleman said he wanted to know where Price was heading with the question. When Price explained, Fogleman said he wouldn’t object to the question, because “that would open the door” for prosecutors to ask Ridge “about whatever evidence he has that there was cult activity involved.”
Now it was Jason’s lawyer’s turn to object. He pointed out that, months ago, he had filed a motion asking that no one on any side be allowed to mention “cult activity,” and a special hearing had been held before Judge Burnett. Paul Ford wanted anyone attempting to assert that cult activity had been involved to have to demonstrate beforehand that some “factual basis” existed for the allegation.
Damien’s lawyer’s trial strategy was different. Price told Burnett that he wanted to be free to use the term in order to show that the police had focused on the possibility of cult activity to the exclusion of other, more reasonable ones during their investigation.266The disagreement between the two defense teams highlighted the differences that had dogged them from the start, and that had prompted their repeated requests that Damien’s and Jason’s trials be severed. Price wanted to attack the detectives’ focus on cults and satanism, which he believed had drawn unwarranted attention to Damien. Ford, believing that Jason could not be connected to anything relating to cults or satanism—and that Jason would be harmed if the subjects were introduced—did not want the words even mentioned.
The question was what position the prosecutors were going to take. Burnett asked Fogleman, “Are you going to bring up cult activity as a possible motive? Do you plan to develop that in this case?”
“We have not made that decision,” Fogleman replied. “It depends on how the case develops.”
Noting that the law did not require the prosecutors to prove motive, Burnett reflected that whether or not the murders had been cult-related did not “really have a whole lot to do with anything here, unless that was a possible motive.” He asked Fogleman, “Do you want to prove motive?”
Without directly answering the judge’s question, Fogleman responded, “If Mr. Price and Mr. Davidson will stipulate that Damien Echols was involved in satanism and devil worship, then we don’t have any objection to them going into that.” Price and Davidson declined.
Burnett then issued a highly significant ruling. He told the lawyers for all sides that he would allow Price to question police about their interest in cult activity—but only if the prosecutors