Damien Echols tweeted that under the law relating to a procedure called Habeas Corpus, he is within his rights to request further DNA testing on evidence in the case.
LITTLE ROCK, Arkansas — The West Memphis Three have fought back after a judge denied their motion to test new DNA evidence just over two weeks ago.
Damien Echols tweeted that under the law for a process called ‘Habeas corpus‘ he is within his rights to request further DNA testing on the evidence in the case.
He was once again in the national spotlight with countless people across the country offering to help.
“Does nobody want to be a hero here? The state can test the evidence whenever they want and they just don’t,” said Gillian Pensavalle, friend of Echols and creator of the True Crime Obsessed podcast.
On June 23, the West Memphis Three were in court asking for newly discovered evidence to be tested for DNA.
RELATED: West Memphis Three Denied Right to Test DNA Evidence
Judge Tonya Alexander denied the petition, because she said a Habeas Corpus petition can only be filed if you are in state custody, which Echols is not. .
But people said the ruling was incorrect and that under Arkansas law, Echols had the right to file the case.
“Damien’s DNA request should have been granted,” said Bob Ruff, creator of the Truth and Justice podcast.
Ruff mentioned that one of his listeners researched the law and discovered an additional clause. He said a convict can file for Habeas if he alleges “actual innocence.”
“The fact that he wasn’t in jail shouldn’t have been a requirement for Habeas under Arkansas law,” Ruff said.
When we contacted Lonnie Soury, a member of Echols’ defense team, he mentioned that they were in the process of appealing the judge’s decision.
“We certainly think we have every right, legally, morally and ethically, to have the right to DNA testing,” Soury said.
We also contacted the prosecutor, but got no response.