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401. At the end of the second trial, Judge Burnett told a reporter for theMemphis Commercial Appeal, “You kept expecting it to reach that level, what I described as the ordinary criminal trial, where there are no more surprises, where it just goes from this point to the end. And it never happened in either of those trials.”

402. The hearing began on May 5, 1998. It was continued to June 9–10, 1998; October 26–28, 1998; and March 18–19, 1999. They;were also divided between the courthouses in Jonesboro and Marion.

403. The Web site founders’ growing familiarity with the case affected them in ways they had not expected. “I’ve learned so much,” Sauls said in an interview in 2001. “It’s a paradox. I respect some aspects of the criminal justice system, and I have complete mistrust in others. It’s owned, operated, and run by human beings. That’s its strength and that’s its weakness.” Bakken said that before her involvement, she’d lived in “an idealistic bubble.” “I believed I was being protected by the forces of justice and the police. Now, all that has been stripped away.” She added, “But at the same time, it’s like, wow, people can make a difference. I’ve become more cynical and more hopeful all at the same time.” Pashley said that before he heard of West Memphis, he “wasn’t sure” about the death penalty, but that now he is “definitely” against it. “I came into this being an idealist,” he said, “thinking that our justice system was the best in the world. And it is. But it’s got so many flaws that now I know that even if I get pulled over for a little traffic offense, I’m going to get a lawyer before I answer questions from the police.”

404. Dr. Thomas J. David, a forensic odontologist and consultant to the Georgia medical examiner’s office, agreed with the view that at least one set of marks in the photos of Stevie Branch appeared to have been made by a human bite. Dr. Harry Mincer, a consultant in forensic odontology to the medical examiner of Shelby County, Tennessee, testified that he did not believe the marks were from a human bite.

405. The forensic dentist who testified he was called to the crime lab to examine the bodies was Dr. Kevin Dugan of North Little Rock, Arkansas.

406. Damien and Jason both claim that they did not authorize their attorneys to use the money in their trust funds. Damien expected the money to go to his infant son, Seth. And Jason wanted his fund to go to his mother. Nevertheless, defense counsel emptied the trusts.

407. “Again,” Mallett wrote, “there is the appearance here of a conflict of interest. Counsel didn’t question Byers about the allegation that he had committed a burglary of a jewelry store and the taking of property, which would have been a serious felony if prosecuted.”

408. Not stopping with the attorneys, Mallett also criticized Judge Burnett for not having stepped aside to allow a different judge to hear the Rule 37 petition. Mallett pointed out that the judge himself had been a witness to the trial, as when he’d noted from the bench that he’d always allotted money for expert witnesses in the past. “Because of the inherent conflict between the court’s role as an elected judge and the court’s role as witness,” he wrote, “these proceedings have been, and remain, fundamentally unfair.” This issue has been raised before the Arkansas Supreme Court many times, and the court has repeatedly ruled that “the allegation is insufficient to overcome the presumption that the trial judge is impartial.”

409. According to affidavit of Glori Shettles, December 27, 2000.

410. In January 2001, the Arkansas legislature passed Act 1780. It allowed persons convicted of a crime to seek retesting of DNA evidence that might demonstrate their “actual innocence.”

411. Mallett was assisted in his presentation by Rob Owen, an attorney from Austin, Texas. Senior assistant attorney general David Raupp argued the case for the state.

412. As quoted by reporter Drew Jubera in theAtlanta Journal-Constitution, February 22, 2002.

413. Burnett had been wrong, Associate