CR93-450
FILED
05 FEB-8 PM 4:34
Petitioner Damien Echol's Acknowledgment of Information on
Destructive DNA Testing
Waiver of Statutory Rights to Retain Specific Biological Evidence
for Retesting
1. I, Damien Echols, am the Petitioner and a Defendant in State v. Echols,
Clay County Circuit Court, Case No. 93-450. I am currently represented by
lawyers Dennis P. Riordan, Donald M. Horgan and Deborah Sallings in
post-conviction proceedings, including proceedings brought under Arkansas Code
16-112-201 et seq.
2. I understand that these proceedings are being conducted to assist me and my
lawyers in getting access to evidence in the case for the purpose of having
that evidence retested at my request. Through my signature below, I am
informing the Court, and all parties, that I have been made aware of the
Petition and Motion filed by my lawyers to obtain an Order allowing the testing
or retesting of the physical evidence related to my case; I have conferred with
my lawyers on the subject of the Petition and Motion insofar as it involves the
retesting or testing of evidence pertinent to my case; I have reviewed
documents supplied to me by my lawyers and pertaining to this testing process.
3. I understand that DNA tests are to be conducted in my case, and that some of
these tests will result in the partial, or complete, destruction of evidence,
and I understand that this destruction will occur as part of the DNA testing
process. I have further been informed, and understand, that the Arkansas
Code Sections 16-112-20 et seq. provide that no post-conviction
destructive testing is to be undertaken.
4. I have specifically been informed by my lawyers, and understand, that in my
case it is likely that a number of hairs which were obtained as part of the
investigation of my case, will be completely destroyed during the course of the
DNA testing process which my lawyers and I have requested, and that there are
no similar hairs that could be used for further testing should I be dissatisfied
with the results of the DNA tests conducted.
5. I understand and acknowledge that destructive DNA testing will go
forward in my case if the Court accepts this waiver of rights, and signs a DNA
testing order that has been prepared in my case. I know that this means
that evidence will be tested and destroyed, and that I will not be able to
complain, or object about that destruction, and that the State has also agreed
not to complain or object to such destructive testing.
6. Through this document, I now freely, knowingly, and voluntarily give up my
right to insist that only non-destructive testing be conducted in my case. I
freely, knowingly, and voluntarily consent to the use of destructive DNA
testing on items of
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evidence.
7. I intend for this acknowledgment of rights, and waiver, to apply only to the
DNA testing that will be conducted by Bode Technologies, Inc..
8. No one has threatened me, made any promises to me, or offered me any
inducements to obtain my signature below. No one has threatened members
of my family, made any promises to them, or provided them inducements to
influence me to place my signature below. I am doing so freely and voluntarily,
after consultation with counsel.
9. My signature below is evidence that I have read and understood this document
which is a waiver of important rights. I hereby consent to the use of
destructive testing by Bode Technologies, Inc. in its processing of physical
evidence in this case.
Date: 1-25-05
[signed]
DAMIEN ECHOLS
Witnessed by:
Date: 1-27-05
[signed Lorri Davis]
Signature
Lorri Davis architect
Please print name and occupation
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I, Dennis P. Riordan, attest that, as his counsel, I am familiar with the
signature of Damien Echols. I recognize the signature on the attached
waiver to be his. Additionally, Mr. Echols has confirmed to me verbally
that he signed the waiver on January 25, 2005. It is on that basis that I have
witnessed his signature. Lorri Davis, Mr. Echols' wife, has witnessed his
signature on the same basis.
Dated: February 3, 2005
[signed]
DENNIS P. RIORDAN
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