LITTLE ROCK, Ark. — The Arkansas Supreme Court has made its first decision in a new West Memphis Three case.
Damien Echols is one of the three people that's accused of killing three West Memphis teens in 1993. Echols then spent almost 20 years on death row as a result.
In the time since, he has continued to fight for their innocence, asking Arkansas courts to test newly found evidence for DNA.
This evidence was once thought to be destroyed, but was discovered in 2021.
In the time since, the group has pushed to get the evidence tested, but were denied the opportunity last year.
Echols' lawyer, Patrick Benca filed a Habeas Corpus petition, which said the petitioner must be in custody of the state. Judge Tonya Alexander ruled back in August 2022 to deny the petition based on the fact that Echols is not behind bars.
Now, a circuit court said Echols' request does not follow Arkansas law, which has caused his lawyers to instead appeal to the state's highest court.
Recently Arkansas Attorney General Tim Griffin requested for the appeal to be dismissed. Instead, the Supreme Court denied it and allowed the fight to continue.
Griffin originally requested the dismissal in early March 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.
Despite the court's denial of AG Griffin's motion, the court is also allowing him an extra month to file a response in the case.
"Ten years ago I had no choice but to take an Alford plea to get off death row. I needed to fight for my innocence, and that of Jason and Jesse, outside of the prison walls. That is why I sought to test the evidence in the case to exonerate us and lead to the real killer(s)," said Echols in a statement.
It's been a whirlwind as of late in the West Memphis case, as the Arkansas Supreme Court Chief Justice, John Dan Kemp, announced his departure from the case earlier this year-- fringing upon the 30th anniversary of the case.