W. Memphis victim’s mother files suit

The mother of one of the three West Memphis 8-year olds killed in 1993 has filed a lawsuit against the city’s Police Department, asking to see the items in her son’s possession when he died.

Pam Hicks, the mother of Stevie Branch, filed the lawsuit Friday in Crittenden County Circuit Court. She also named West Memphis, Police Chief Donald Oakes and Mayor Bill Johnson inthe action.

Hicks, who reverted to her maiden name after she divorced Terry Hobbs, has repeatedly asked police for permission to see evidence, her attorney said.

“It’s weighed on her,” said Ken Swindle, a Rogers attorney who represents Hicks. “It’s taken a toll. She has never known what her son had in his pockets the day he was killed.”

Police found the nude bodies of Steve, ChristopherByers and Michael Moore in a water-filled ditch near Interstate 40 in West Memphis on May 6, 1993. The three boys had been beaten and hog-tied.

Prosecutors convicted Damien Echols of capital murder in the slayings and sentenced him in 1994 to die. Jason Baldwin and Jessie Misskelley were convicted and sentenced to life in prison.

The three men were released from prison Aug. 19,2011, after negotiating a deal that allowed them to plead guilty to the crimes but maintain their innocence.

“We feel she’s entitled to see all the evidence,” Swindle said.

In a June 8 letter in which he denied Hicks’ request, West Memphis City Attorney David Peeples said physical evidence in a violent offense must be kept permanently.

Hicks is not asking that the evidence be returned to herbut only that she be allowed to see it, Swindle said.

“She’s been asking since Day 1,” Swindle said. “For 11 months, they denied it because they were going to trial. Then for 17 years, they denied it because of pending appeals.

“There’s nothing left in court, and they’re still telling her no.”

Hicks did not return a telephone message Friday.

Hicks did not ask for specific items but rather “all evidence” in her request, Oakes said Friday.

“We couldn’t do this,” he said. “Some of the evidence is sealed. We don’t want to killthe chain of custody. What happens five years from now if someone comes out with some new type of DNA testing, and we’ve destroyed this evidence?

“We would never do anything to make her feel worse,” Oakes said. “This is an attempt to protect the evidence, not hide it.”

If a circuit court judge orders him to release the evidence, Oakes said, he will.

“This is not a deal for a police chief to decide,” he said.

Hicks hopes for closure by seeing what her son had when he was killed, Swindle said.

“She said to me, ‘It’s old evidence to the West Memphis Police Department. These are memories to me.’”