this information other than the fact that it was told to him by Officer Ridge.
But neither Damien’s behavior nor the behavior of the police concerned the defense lawyers as much as the condition of the discovery files that Fogleman was slowly releasing. One of the defense attorneys’ earliest motions—and one that would be often repeated—urged Judge Burnett to order Fogleman or the police to help them clarify what they called “the discovery mess.” 171
“The state has presented us literally mounds of evidence,” Ford told Burnett. “There’s no heads or tails of it. There’s no consistent order to it.” Ford asked Burnett to order Fogleman to reveal to the defense what portions of the police investigation were relevant to the prosecution. 172
The other lawyers joined with Ford in arguing that the state should reveal its theory of the case so that they could prepare their defense, but Fogleman objected. He maintained that the law did not require him to reveal either what material was relevant or his theory of how the crime had been committed. Burnett listened. Then he addressed the prosecutor: “I understand you’re giving them everything that is in the file.”
“That’s correct, Your Honor,” Fogleman replied. He then promised that by the end of August, the defense would have everything the police and prosecutors had developed to that point. Judge Burnett considered that was good enough and denied the defense lawyers’ motion.
The Search Warrants
From then on, the defense launched motions like arrows at a fortress, and most were easily deflected. At one of the hearings, attorneys attempted to suppress evidence taken in the nighttime search—a search that they argued had been both unnecessary and illegal. Jason’s other attorney, Robin Wadley, noted that the warrant itself had been vague. He pointed out that the “blue, green, red, black (or) purple fibers” listed on the warrant were items that could generally be found “in any home in Crittenden County.” Moreover, he said, police had misled Judge Rainey by claiming that the accused were “friends and members of a close-knit cult group.” Arguing that nothing in Jessie’s statement had indicated that Jason was Jessie’s friend or had “ever participated in occultic activities,” Wadley called Detective Ridge to the stand. To Wadley’s surprise, as the officer was being questioned, he testified that municipal judge Rainey had not only approved the search warrant but had come to the police station to advise police on how to prepare it. This was highly unusual, as it later placed the judge in the position of ruling on the legality of a document that he had helped prepare. “Judge Rainey was assisting in preparing the search warrant affidavit,” Wadley said incredulously to Ridge. “Is that what you’re telling me?”
“Yes sir,” Ridge responded.
As the questioning continued, Ridge also disclosed that Rainey had reviewed Jessie’s statement and found some problems with it. Wadley asked Ridge: “You would agree with me Judge Rainey had some serious, serious concerns about discrepancies in Mr. Misskelley’s statement at the time he was to issue this search warrant?” Again Ridge replied, “Yes sir.”
Wadley next attacked the document’s ambiguity with regard to the search for “cult materials.” Wadley asked Ridge what that phrase “cult materials” meant to him. “As a definition,” the officer stammered, “a cult material, as a cult would be a group, and the cult materials would be any kind of groups with symbolism, writing, paraphernalia, that would agree with that cult.”
“Be specific,” Wadley demanded. “What are you talking about? You have ‘cult materials’ and then in parentheses you have ‘Satanic materials.’ Are you talking about specific items?”
“Books,” Ridge answered. “Reading materials. Drawings. Knives. Anything of that nature.” He then added that during the search at one home,
But neither Damien’s behavior nor the behavior of the police concerned the defense lawyers as much as the condition of the discovery files that Fogleman was slowly releasing. One of the defense attorneys’ earliest motions—and one that would be often repeated—urged Judge Burnett to order Fogleman or the police to help them clarify what they called “the discovery mess.” 171
“The state has presented us literally mounds of evidence,” Ford told Burnett. “There’s no heads or tails of it. There’s no consistent order to it.” Ford asked Burnett to order Fogleman to reveal to the defense what portions of the police investigation were relevant to the prosecution. 172
The other lawyers joined with Ford in arguing that the state should reveal its theory of the case so that they could prepare their defense, but Fogleman objected. He maintained that the law did not require him to reveal either what material was relevant or his theory of how the crime had been committed. Burnett listened. Then he addressed the prosecutor: “I understand you’re giving them everything that is in the file.”
“That’s correct, Your Honor,” Fogleman replied. He then promised that by the end of August, the defense would have everything the police and prosecutors had developed to that point. Judge Burnett considered that was good enough and denied the defense lawyers’ motion.
The Search Warrants
From then on, the defense launched motions like arrows at a fortress, and most were easily deflected. At one of the hearings, attorneys attempted to suppress evidence taken in the nighttime search—a search that they argued had been both unnecessary and illegal. Jason’s other attorney, Robin Wadley, noted that the warrant itself had been vague. He pointed out that the “blue, green, red, black (or) purple fibers” listed on the warrant were items that could generally be found “in any home in Crittenden County.” Moreover, he said, police had misled Judge Rainey by claiming that the accused were “friends and members of a close-knit cult group.” Arguing that nothing in Jessie’s statement had indicated that Jason was Jessie’s friend or had “ever participated in occultic activities,” Wadley called Detective Ridge to the stand. To Wadley’s surprise, as the officer was being questioned, he testified that municipal judge Rainey had not only approved the search warrant but had come to the police station to advise police on how to prepare it. This was highly unusual, as it later placed the judge in the position of ruling on the legality of a document that he had helped prepare. “Judge Rainey was assisting in preparing the search warrant affidavit,” Wadley said incredulously to Ridge. “Is that what you’re telling me?”
“Yes sir,” Ridge responded.
As the questioning continued, Ridge also disclosed that Rainey had reviewed Jessie’s statement and found some problems with it. Wadley asked Ridge: “You would agree with me Judge Rainey had some serious, serious concerns about discrepancies in Mr. Misskelley’s statement at the time he was to issue this search warrant?” Again Ridge replied, “Yes sir.”
Wadley next attacked the document’s ambiguity with regard to the search for “cult materials.” Wadley asked Ridge what that phrase “cult materials” meant to him. “As a definition,” the officer stammered, “a cult material, as a cult would be a group, and the cult materials would be any kind of groups with symbolism, writing, paraphernalia, that would agree with that cult.”
“Be specific,” Wadley demanded. “What are you talking about? You have ‘cult materials’ and then in parentheses you have ‘Satanic materials.’ Are you talking about specific items?”
“Books,” Ridge answered. “Reading materials. Drawings. Knives. Anything of that nature.” He then added that during the search at one home,
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