LITTLE ROCK, Arkansas — The West Memphis Three have decided to take the next step in their fight to get new DNA tested, and soon they'll be headed to the Arkansas Supreme Court once again.
This is not the first time Damien Echols has had to fight for justice at the Arkansas Supreme Court level, and he may soon have to do it again as his legal team continues challenging rulings that said they say were wrong.
Echols, one of the West Memphis Three, has been fighting for more DNA testing of newly uncovered evidence from the crime. The evidence was once thought to be destroyed but was discovered in 2021.
"We're fighting for the right to find the real killers," said Lonnie Soury, a member of Echols' legal team.
When they sent the petition to the Crittenden County Circuit Court last year, the judge denied the request because it didn't abide by Arkansas law.
Echols' lawyer, Patrick Benca, filed a Habeas Corpus petition, which said that the petitioner must be in the custody of the state. Judge Tonya Alexander ruled that she is denying the petition based on the fact that Echols is not behind bars.
"Essentially, what the lower court ruling said was that anybody who was convicted or wrongfully convicted doesn't have the right to test their DNA if they are out of prison," said Soury.
Echols' defense lawyers have now filed their brief which asks the Supreme Court to step in.
Attorney General Tim Griffin will have 30 days to respond to Echols' brief— a process that can lead to more back-and-forth on paper.
Echols' team expects to argue the case in person later this year.
This year, the West Memphis Three case will mark its 30th anniversary.