LITTLE ROCK, Arkansas — After three years of fighting to get new evidence tested for DNA, the state is saying the West Memphis Three petition should be tossed out.
Now, the attorneys are responding in court.
"We are trying to find the real killers. The DNA of these three children is likely in that evidence," said Lonnie Soury, a member of Damien Echols' legal team.
Echols, one of the West Memphis Three, and his legal team have hit another obstacle as they try to get the court's permission to test newly found evidence for DNA.
Now, Attorney General Tim Griffin has requested the Arkansas Supreme Court to dismiss the case based on the fact that the petition was filed in Crittenden County— but Echols was convicted in Craighead County.
"Lawyers have to follow the law and when you file in the wrong place that's not my fault," said Attorney General Griffin.
"We feel strongly that we are in the right. Nevertheless, this is a complete delaying tactic," Soury explained.
Attorney General Griffin expects Echols' legal team to refile in Craighead County, but he said that it won't make a difference in the long run.
He explained that the particular petition they filed is not up for interpretation and ultimately is not within their rights.
"Even if he files within the right court, there is no body that's required under habeas corpus because he's released," said Attorney General Griffin.
Echols' legal team has filed a response to the Attorney General's request, where they are asking the court to deny it.
Ultimately, the judge will make a final ruling on whether to proceed.
If the judge makes the decision to deny the state's request for dismissal, then Attorney General Tim Griffin will get a chance to respond to that decision.