LITTLE ROCK, Arkansas — Update-- Lawyers for Damien Echols have appealed the order which denied him to test forensic evidence.
The West Memphis Three will make their appeal to the courts after last month when a judge ruled their petition to test new DNA evidence as "not within their rights."
Judge Tonya Alexander denied Damien Echols' Habeas Corpus petition because she said that under Arkansas law, it's only available to someone who is currently in state custody.
Echols' lawyer disagreed with the ruling and hopes that the appeals court will change course so they can run new DNA testing.
"It was stated pretty clearly in that statute there was an 'or,'" said Patrick Benca, defense attorney of Damien Echols.
This "or" is standing in the way of Echols' and the West Memphis Three from having the right to test additional DNA evidence.
It's an added clause that said a convict is able to file a Habeas petition if they allege "actual innocence."
"It makes sense because the 'or' would allow anyone the opportunity whether they were released on parole or released 20 years earlier for a crime they didn't commit," said Benca.
The crime in question refers to the murder of three West Memphis boys in 1993— the evidence that revived the case were shoelaces that possibly have DNA from the killer on them.
So, now they are appealing.
Echols' legal team obtained transcripts from the previous hearing where the judge told him they could not test new DNA evidence.
The judge then set them up to ask a higher court to hand down a different ruling.
"We're going to go to the next level and we feel good about our chances on appeal," said Benca.
Echols' lawyer said the process should be fairly quick and he believes they could be back in court for the appeal within 90 days.
We reached out to the Crittenden County prosecuting attorney for comment but did not hear back.