Devil's Knot_ The True Story of the West Memphis Three - Mara Leveritt [96]
“We now have the first undisputed record in the case,” Ofshe testified,
and in that part of the interrogation it’s possible to demonstrate how relentless the questioning was, the leading, the suggestions, and the unwillingness to accept anything other than what the police knew the facts of the crime to be. Even then, there were still gross inaccuracies in the statement. The next thing that happened is that Mr. Misskelley is left alone, and Detective Gitchell meets with Prosecutor Fogleman, and some of the specific gross inaccuracies in the recorded statement are now discussed, and according to Detective Gitchell’s statement, Prosecutor Fogleman sends him back in to work on these particular statements. And then we can look at the second statement and show how precisely that happened and how, again, Jessie Misskelley is conforming to the demand placed on him and is changing his statement from direct response to suggestions and direct instructions by Detective Gitchell.
Ofshe concluded that “these statements are far more likely to be the product of influence than they are based on any memory that Mr. Misskelley has of the crime.”
Stidham then turned to the subject of cults, Of she’s other area of expertise. He asked for Of she’s opinion: did the eight-year-olds’ murder have “anything to do with satanic rituals or anything of the occult?”
Ofshe replied that, as far as he could tell, they did not. “And as far as the satanic panic tips that were given to police,” he added, “my understanding is that none of them have panned out. Apparently, there is one individual who claims to have attended a cult meeting,” he said, referring to Vicki Hutcheson, “but apparently her report is equally unconfirmed. As far as I can tell, there is an absence of hard information suggesting that such a satanic cult exists in this area, and in addition, I know of nothing about the crime scene that suggests that this is an occult ritual killing.”
When Ofshe concluded his statement, Burnett decided that he would not allow the jury to hear it. The judge ruled that if Of she’s testimony were admitted, it would, in effect, tell the jury “what their finding should be.” So when the jury came back into the courtroom, Stidham asked Ofshe only one question: was it his opinion “that the tactics used by the police were suggestive and led the defendant to make a statement?” Ofshe answered: “Yes, and that the statement—the content of the statement—was shaped by these techniques.”
When Prosecutor Davis cross-examined Of she, he attacked the suggestion that Jessie’s questioning had been coercive. “Did you find any evidence,” Davis asked, “as to physical coercion?” Or “that any of the officers yelled or used a loud voice or were degrading to the defendant?” Or that “there was any undue influence, pressure, or loud voices and demands made on the defendant?” Ofshe answered no, that “in the limited set of materials you’re allowing me to testify on,” there was not.
“And is what you term coercive,” Davis asked, “that the officers asked at times leading questions?”
Ofshe answered, “The questions were more than leading. The questions were very directly specifying what the answers should be.”230
When Davis sought Of she’s acknowledgment that Jessie could be heard on the tape making self-incriminating statements in his own voice, Ofshe agreed. But, Ofshe noted, Jessie could also be heard making statements that were clearly false. “The statement about the time at which this crime occurred is a statement that comes up and is manipulated eight different times over the course