Abomination: Devil Worship and Deception in the West Memphis Three Murders (49 page)

MISSKELLEY: To my knowledge, (pause) sitting about right there.

STIDHAM: Where’s this pipe you were talking about, then?

MISSKELLEY: Pipe?

STIDHAM: Uh-huh. (Affirmatively indicating) Said you were sitting at a pipe drinking.

MISSKELLEY: By a pipe, to my knowledge, I say by a pipe. There's the pipe.

STIDHAM: ls that where ya'll were sitting when the boys came up?

MISSKELLEY: It was close by a pipe. So, from there to there.

STIDHAM: Show me where Jason was at when he cut that little boy.

MISSKELLEY: Ooh.

STIDHAM: Well, first of all show me where they threw the bodies in. This here is a bayou, and this here is a little creek that goes from the service road down. Where were ya’ll at?

MISSKELLEY: Somewhere close right in here.

STIDHAM: Is that where the bodies were thrown in?

MISSKELLEY: Yes, to my knowledge it was.

STIDHAM: Okay, so where did the boys come up on their bikes?

MISSKELLEY: Where they come up at? Right here. That's that thing they drove over, I guess. I don't know. Could be both.

STIDHAM: So, where were the boys thrown in the water at?

MISSKELLEY: Somewhere along in here. I can't remember. It's been a while.

STIDHAM: Were they in the big creek or in the little creek?

MISSKELLEY: It was deep. That's all I know. That's all I can remember - deep water.

STIDHAM: What did they do with the little boys' clothes?

MISSKELLEY: What did they do with their clothes?

STIDHAM: Uh-huh. First of all, how did Moore get his clothes off?

MISSKELLEY: Jason did (inaudible)

STIDHAM: That's the one that you wouldn't let Jason cut?

MISSKELLEY: Uh-huh. (Affirmatively indicating)

STIDHAM: How did he get his clothes off? Who took his clothes off?

MISSKELLEY: I let Jason.

STIDHAM: What did Jason do with him after he took his clothes off?

MISSKELLEY: He laid them down beside him. Beside the boy.

STIDHAM: Laid his clothes beside the boy?

MISSKELLEY: Uh-huh. (Affitmatively indicating)

STIDHAM: Then what happened?

MISSKELLEY: To my knowledge, what I seen. It was hitting.

STIDHAM: Hitting the boy?

MISSKELLEY: Uh-huh. (Affirmatively indicating)

STIDHAM: And then what happened?

MISSKELLEY: He stuck his finger up the boy’s butt.

STIDHAM: Up the Moore boy's butt, the Cub Scout?

MISSKELLEY: I guess that's him.

STIDHAM: Then what happened?

MISSKELLEY: That's about it. The boy was unconscious.

STIDHAM: Then what happened after that?

MISSKELLEY: After they done throwed them in the water and stuff, I - I didn't see what they done with their clothes, but when I seen them throw them in the water that's when I left.

STIDHAM: What time was it?

MISSKELLEY: I'm - I'm - I'm going to say about 7:30.

STIDHAM: So it was about 7:30 when you left?

MISSKELLEY: Uh-huh. (Affirmatively indicating)

STIDHAM: The woods there? Did you leave by yourself?

MISSKELLEY: I left by myself. Damien and Jason stayed there. I don't know what they done with the clothes.

STIDHAM: Okay. What did you do with the whiskey bottle?

MISSKELLEY: Well, after I'd done seen what Jason did to - I don't know which boy it was - but he cut his penis and everything, and I was still mad and I still had whiskey in my bottle. I walked down the street drinking whiskey, and all of a sudden I just busted it.

STIDHAM: Where'd you bust it at?

MISSKELLEY: On the overpass.

STIDHAM: Which overpass?

MISSKELLEY: Going towards - came back that way.

STIDHAM: Did you walk over the top of the overpass?

MISSKELLEY: I went back the same way I came. Up - up under by Lakeshore - where I busted it was at Lakeshore, by the Lakeshore where - between Wal-Mart and Lakeshore, over that overpass. I busted it there.

STIDHAM: On top of the overpass?

MISSKELLEY: No. I was underneath walking. I didn't walk over it, I just walked underneath on the grass and stuff all the way through. And that's when I busted the bottle.

STIDHAM: Underneath it?

MISSKELLEY: Uh-huh. (Affirmatively indicating)

STIDHAM: Directly underneath it?

MISSKELLEY: I just threw it and hit the side.

STIDHAM: Which side? Do you remember?

MISSKELLEY: Which side? Like they was going - I mean the road was going towards -

STIDHAM: Did you throw up? You told the officers that you threw up.

MISSKELLEY: No, I got - I was dizzy.

STIDHAM: Okay, where did you go after you left the overpass where you busted the bottle?

MISSKELLEY: I walked straight home.

STIDHAM: Then what happened?

MISSKELLEY: I got - went home, got something to eat, and went to - Johnny (inaudible) took me, and we went to Dyess.

STIDHAM: Everybody said you went wrestling about 7:30.

MISSKELLEY: That's about what time I got back. I - I - I don't know - I don't know for sure but -

STIDHAM: Was it dark yet?

MISSKELLEY: It was getting dark.

STIDHAM: When you got back or when you left the woods?

MISSKELLEY: After I left the woods. It was getting dark.

STIDHAM: What about this clubhouse thing. You said you seen a clubhouse with sides and a top?

MISSKELLEY: Yeah

STIDHAM: Where was this at?

MISSKELLEY: It may not have been that place, I'm not for sure. It could have been somewhere else. I know where I got that clubhouse from.

STIDHAM: Where?

MISSKELLEY: Out in Highland.

STIDHAM: Was Aaron Hutchison there that day this happened?

MISSKELLEY: I didn't see him, no. He might have been, sort of, but I didn't see him.

STIDHAM: Have you ever had sex with Vickie Hutchison?

MISSKELLEY: No.

STIDHAM: Has Dennis Carter?

MISSKELLEY: I don't know.

STIDHAM: She buy your booze all the time?

MISSKELLEY: If I ask her, yeah. I - I - I remember now where I got that clubhouse from. From Highland Trailer Park. That's where me and Bubba go to - go to the clubhouse, but it ain't got the sides on it no more.

STIDHAM: What happened at wrestling that night that makes you remember that you that you were at wrestling, or do you know?

MISSKELLEY: Hit my head. Bill. I guess that's his name, the ring was up to high and he threw me in there, and I hit my - I hit my head - close to the bottom of the ring.

STIDHAM: Did you ever talk to Buddy Lucas about what happened with those boys?

MISSKELLEY: No.

STIDHAM: Never?

MISSKELLEY: Huh-uh. I hadn't seen Buddy Lucas since I had my haircut. The day I got arrested that's the last time I seen Buddy Lucas.

STIDHAM: Jessie, what you're telling me is different, obviously, from what you've told me for the past several months, seven or eight months, through this trial. Now, you've been telling me all along that you didn't have nothing to do with this, that you weren't there. Is that correct?

MISSKELLEY: Yes, sir.

STIDHAM: Why did you tell me that?

MISSKELLEY: Cause you didn’t never tell me put my hand on no Bible.

STIDHAM: You've had your hand on the Bible all this whole time we've been sitting here taping this?

MISSKELLEY: Yes, sir.

STIDHAM: You're holding it right now?

MISSKELLEY: Yes, sir.

STIDHAM: The prosecutor wants you to testify against those other boys, what do you want to do?

MISSKELLEY: I - I - I really don't know.

STIDHAM: Do you want to think about it for a while?

MISSKELLEY: More than likely, yeah.

STIDHAM: Okay. We're not going to get in a big hurry, you want to think about this.

MISSKELLEY: I - I - I know, you know, I didn't cut none of them myself.

STIDHAM: Do you want to talk to your daddy before you make any decision?

MISSKELLEY: Yeah. But - but - when they threw them in the water that one was still moving - the one that was cut, his penis was completely cut off, he was moving cause I saw him.

STIDHAM: You sure?

MISSKELLEY: I'm positive.

STIDHAM: Did you see anybody on the way back while you were walking back home?

MISSKELLEY: I can’t remember.

STIDHAM: And busted the bottle, did you talk to anybody?

MISSKELLEY: I didn't talk to nobody I couldn't remember.

STIDHAM: You walked to the Highland Trailer Park when you got back. Did you talk to anybody? Who was the first person you talked to?

MISSKELLEY: I can't remember that either.

STIDHAM: You remember Jim McNease talking to you and Dennis Carter about not being able to keep the gnats off your ass?

MISSKELLEY: It wasn’t that day.

STIDHAM: Wasn't that day?

MISSKELLEY: No. Dennis Carter don’t know walk that end toward Jim McNease, not unless I'm with him.

STIDHAM: Okay. Do you remember talking to Louis Hoggard that day?

MISSKELLEY: Yeah. I couldn't - I couldn't hear him, and then Susie said, Louis is talking to you. And I said, what, and he told me that, what happened. And I told him that Connie slapped Colton.

STIDHAM: Think what this older guy's name is in the trailer park.

MISSKELLEY: What trailer park?

STIDHAM: Lakeshore Trailer Park, that's in your cult.

MISSKELLEY: I - I can't remember his name. I know he looks just like Damien, you know if he shaved he looks just like Damien.

STIDHAM: Do you know what kind of car he drives, where he works?

MISSKELLEY: I - I don't even know...

STIDHAM: Did you know what trailer he lived in?

MISSKELLEY: No I do not. All I know he lives out in Lakeshore somewhere.

STIDHAM: Okay, here's what I want you to do. I want you to go back to your cell. I don't want you to talk to anybody about this.

MISSKELLEY: No, I’ll not talk to nobody.

STIDHAM: Nobody. And I'm going to talk to your father and I'm going to talk to the prosecutors and we're going to take it pretty slow here. Okay?

MISSKELLEY: When can I talk to my dad?

STIDHAM: As soon as I can talk to him then I’ll let you talk to him. Okay? But you do not talk to anybody. Do you understand me?

MISSKELLEY: Yes, sir.

STIDHAM: It's February 8th, it's 5:11 p.m. We're going to conclude this tape. Do you understand that I was taping this, Jessie?

MISSKELLEY: Yes, sir.

STIDHAM: Okay.
²⁸⁴

APPENDIX C:

JESSIE MISSKELLEY

“AGAINST THE ADVICE OF HIS ATTORNEYS” CONFESSION

DAVIS: I've turned the other recorder on for the purposes of this tape. We are at the offices of Joe Calvin attorney. It's 8:02 p.m. on February 17, 1994. Present in the room is Greg Crow.

CROW: Present.

DAVIS: And Jessie Misskelley, Jr.

MISSKELLEY: Present.

DAVIS: Dan Stidham.

STIDHAM: I'm here.

DAVIS: Joe Calvin.

CALVIN: Present.

DAVIS: And myself, Brent Davis. Now Jessie before we start this would you raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth, so help you god.

MISSKELLEY: Yes, I do.

DAVIS: Ok, Now for purposes of the record I want it to reflect that number 1, Mr. Stidham and myself have talked with Judge Burnett and advised of these proceedings. And after discussing this with him he approved or said that we could take a statement with Mr. Misskelley's attorneys present.

STIDHAM: Over my objections.

DAVIS: Over Mr. Stidham's objections. Also for Mr. Misskelley's benefit this statement will be taken with a grant of use of immunity approved by the Court which means that anything in this statement cannot be used in any proceeding against Jessie Misskelley, Jr. in the future, down the road, whatever. Ah, also for the record and ah, Mr. Stidham can add to this. But it's my understanding that any statement Mr. Misskelley gives will be against the advice of his attorney Mr. Stidham and Mr. Crow.

CROW: That's correct.

DAVIS: And for the record that they have requested of the Judge that it be delayed until the Psychiatric Evaluation could be performed. And that the Court indicated that this statement could be taken before that evaluation over the objection of Mr. Stidham.

STIDHAM: That's correct.

DAVIS: And that this statement will be tape recorded and a copy of that tape or that tape will be provided to defense counsel and that at this point no promises have been made as to any deals or any benefits that will be granted to Mr. Misskelley as a result of this statement.

________: There has been no negotiations whatsoever primarily due to Mr. Misskelley's refusal to talk to us.

DAVIS: Now if you would will you state your name.

STIDHAM: Before you get started with that I would like to make a reference in regard to what I have and have not advised Mr. Misskelley of tonight.

DAVIS: You might need to speak up.

STIDHAM: Ok. Jessie can you hear me.

MISSKELLEY: Yes, I can hear you.

STIDHAM: I want you to listen very carefully to what I've got to tell you, ok. I told you earlier that I have some new evidence, is that correct ?

MISSKELLEY: That's what you said.

STIDHAM: And I told you that this new evidence may ..ah.. that I plan on filing a motion for a new trial and that the Court could possibly grant you a new trial based on this evidence.

MISSKELLEY: That's what you said.

STIDHAM: Ok, I also told you that giving a statement was against my advise and wishes.

MISSKELLEY: That's what you said.

STIDHAM: Ok. I am advising you that I don't think it's a good idea for you to give this statement. Do you understand that ?

MISSKELLEY: Yes, I do.

STIDHAM: OK. Do you understand that Mr. Crow is giving you the same advice?

MISSKELLEY: Yes, I do.

STIDHAM: You need to speak up a little louder Jessie.