
We dive deep into the timeline for the day the boys were murdered.Check out our new True Crime Substack, the True Crime Times Check out our other show The Prosecutors: Legal Briefs for discussion on cases, controversial topics, or conversations with content creators.Get Prosecutors Podcast Merch Join the Gallery on Facebook Follow us on TwitterFollow us on Instagram Check out our website for case resources: Hang out with us on TikTokSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Chapter 1: Who are the hosts of The Prosecutors podcast?
I'm Brett.
And I'm Alice.
And we are The Prosecutors. Today on The Prosecutors, we continue our look at the timeline in the West Memphis 3 case. Hello, everybody, and welcome back to this episode of The Prosecutors. I'm Brett, and I'm joined, as always, by my meticulous co-host, Alice.
Chapter 2: What challenges arise when reconstructing the West Memphis 3 timeline?
Hello, Brett. It's so good to be here with you. Hello, Alice. Hello, hello. I don't know about the meticulum, but we are trying to be meticulous through the timeline, which is really hard to do because, as we've seen, there are lots of competing timelines, but we do the best we can, right?
We do. And we're going to keep looking at competing timelines and a lot of times that don't make that much sense. But that's OK. And people who may be misremembering or intentionally misleading, it's always hard to say. And I know this case is hard. We've already had a couple people say they all the names are confused. I get it. It's a complicated case.
There's a lot of people, a lot of names, a lot of locations, but just do the best you can work your way through it. I hope this is making it a little bit easier to follow. It's well worth it because this is a case that never ceases to fascinate. We'll just go ahead and dive right in. Why not? Why waste your time?
Why waste your time? Because we have so many episodes to go.
It's so true.
I will have to say, I feel a little bit, I'm not from Arkansas. Did you know that Mr. Alice actually lived in Arkansas? I didn't know that. So I don't know how to pronounce a lot of these places because I read about them, right? Like I read the files, I read the books, but I actually don't know how to pronounce a lot of the Arkansan names. And so I feel very self-conscious here.
I'm not going to lie because I'm meticulous.
So if the people from Arkansas are Arkansans, why isn't Arkansas Arkansas?
I don't know that they're Arkansans, to be totally honest.
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Chapter 3: How reliable are the eyewitness sightings on the day of the murders?
especially in this particular neighborhood where there are lots of kids out. And there's every reason to believe based on kind of these sightings that the three of them, obviously they were together at some point, may have changed iterations of who was together with whom at what point in time. And it's a very tight timeline.
So it's very possible that these people all saw some variation of these boys together with potentially other kids in the neighborhood. But if you're off by even 10, 15, 20, 30 minutes,
It completely messes up the timeline as we are looking at it, which if you are recalling any sort of time in the last even 24 hours, I can easily be off by much more than 30 minutes in just about everything, especially something as nonchalant as seeing some kids run around in the neighborhood as they do every day.
And that's the second important point. They do this every day. So we have to assume that some of these sightings are actually happening the day of the murders. And remember, yes, the police are going to start canvassing the neighborhood relatively soon, but it's still been a few days.
And you have these people who are thinking back, they're racking their mind to try and remember things that might be helpful. And they want to be helpful and they want to remember. And there is a sort of psychological thing. We've talked about this before. Everyone likes being part of the story. They like to feel helpful.
So if they saw the boys say the day before, they might transpose that onto this day. And that's going to affect our timeline. And that may be one reason you are seeing some of these sightings which seem impossible. They're all happening at the same time. They're on opposite sides of the neighborhood. How is that possible? With all that said, let's get back into the timeline.
We ended last week with Alan Bailey Jr. in 545. His father, Otto Bailey Jr., will confirm his son's story. He says that he and his son see Stevie Branch and Michael Moore as they are backing out of their driveway to head to baseball practice.
Otto says that he sees them as they are riding their bikes down the road towards Mayfair Apartments, which is over by where the bayou is and the forest is and everything else. He will also say, much like his son, that they were wearing backpacks. As we said last time...
unclear what this backpack reference is to I think and I will correct myself if I'm wrong later and I'm sure someone will correct me as well that Allen and Otto are the only people who say that the boys were wearing backpacks and backpacks weren't found later on when the bodies are recovered so Otto Bailey will later be called in for telling another CB operator that he was going to kill him like the three boys were killed
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Chapter 4: What inconsistencies exist in the accused boys' timeline and stories?
There's some people who live down the street, almost certainly no way involved in this case. And his interview with Don really clears up a lot because Dana is telling the story that doesn't really make sense. about when Dawn is down there and when she's seeing the kids and when she's on her bike and when these three boys are coming out and the timeline is really messed up.
But with this sort of new information, it all makes more sense. That this happened earlier, before the three boys would have even been together, certainly before the three boys would have gone into Robin Hood Hills. So I think we can say that this sighting, while initially intriguing, probably has nothing to do with the case. The shot thing is funny. You know, she was 10 years old.
She had no idea what they were talking about. Obviously, they're talking about a shot, like you want some whiskey or whatever. But, you know, she's 10. So her mind immediately goes to drugs. But I think with that sort of new information, the mysterious sighting of these three teenagers becomes a lot more clear and just isn't that important.
It's one of those things we can kind of put to the side and move forward. Guys, if you listen to this podcast, you know that Alice and I both have young kids, and I see the way they look at my phone. My daughter, for Christmas, what did she want? She wanted a watch that does everything. And I knew exactly what she meant. She wanted a smartwatch. She wants a phone.
She wants to be able to do what she sees Daddy doing. But the thing she doesn't know is how dangerous the Internet can be and how many things there are that I don't want her to see. And that's where Gab comes in. With Gab, your kids can finally get a phone without all the risk. Gab is the leader in safe phones and watches for kids, teens, and tweens.
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Gab Messenger actually blocks high risk messages and content with nudity from ever reaching your child's phone in the first place. In fact, Gab's phones and watches are built with smart filtration that proactively blocks harmful content before ever reaching your child.
And one really cool thing about their watch that Brett was just talking about, they even have a focus mode that can help kids focus during school hours. Really, we can't recommend Gab enough. It's the most responsible way that we have found for parents and kids to embrace technology together. Protecting your kids has never been easier. For the best deals, sign up to Gab today.
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Chapter 5: What significance do the sightings around Robin Hood Hills hold?
Stephanie said she spoke with Jesse and he told her he was going to Diaz to wrestle. So we'll talk about Diaz in detail later, but you can see how. It appears that there was a slapping event. Not appears. There was an event where the police were called. We know for a fact that the police were called to the Dollar's home. We know that the police have a police report stating it's 6.30.
That all seems to be pretty clear. Sure, maybe there was a typo. Maybe they got the time off by a little bit. But we know that there was a police event. We also know likely that Jesse was at the home at some point that day.
The big question that is not answered by the police report or by the testimony necessarily because there's contradictory information is whether by the time the police showed up,
at 6 30 whether jesse was still there this is obviously going to be important because the 6 30 hour or so we have a lot of sightings of the boys going into robin hood hills probably never to come back out again so the fact that the police do know who jesse miss kelly is and you know this is a small town they get called on these boys all the time they know who he is
The fact that they wouldn't remember seeing him is pretty significant because he's not just some random guy that they've never seen before. It wasn't so chaotic. You would think that the police, if they know Jesse, would remember Jesse standing by their car or even talking to them as some of the testimony claims happened. But if they don't remember, it doesn't mean he wasn't there.
But it's a lot harder to understand whether he was still there by 630.
There's a few interesting things Alice mentioned in that little chunk. Number one, we have several people seeing the boys going into Robin Hood Hills. We have yet another sighting of four boys going into Robin Hood Hills, which is interesting. And then we have the legendary moment. When Connie Mulder slaps Cody Dollar.
And this is one of those things that I feel like, as I said, this case is just so funny because I relate to it so much. And I can just imagine how some grown woman slapping the son of another woman. Would be would be a big deal and would be something that everybody would be talking about. Stephanie Dollar and her husband are confronting the Mulders.
Her husband and Connie Mulder's husband are about to get in a rumble. The police are being called. They originally go to Stephanie Dollars, but they're not at Stephanie Dollars. So they have to come down here and find him. The people who believe that Jesse Miskelly is innocent will tell you that the police officer just lied.
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Chapter 6: How do police reports and eyewitness accounts conflict in the case?
That's not enough time in each of those iterations for Jason to leave and commit this murder, right? And then he's staying there playing Street Fighter II all the way until nine o'clock. And like Brett said, being incredibly conservative, the murders would have been completed by nine.
Now, the reason his story is highly questionable is when he was initially questioned by the police, he actually said he didn't remember seeing Jason at all that night. Then after talking to Jason's brother several times, all of a sudden Garrett now recalls that he was at Jason's house during all those times all the way until 9 p.m.
Garrett later will tell police he was not good with dates and he would eventually recant his statement completely saying that the events he described actually occurred on Thursday, not the day in question. Again, you can see how whether nefarious or not, He probably did go over to Jason's house at some point to get a shirt that had been borrowed.
He probably did play Street Fighter 2 on multiple occasions even with Jason. So what we have to go back to is the closest in time to the murders that he was questioned. His first memory was, I didn't see Jason that day. And later it's changed after speaking with someone who...
has an interest in jason probably having a story or an alibi here so take his statement for whatever it is except that he does recant it and now he says these events just didn't happen on the day in question now many years later john mark byers will claim to have seen terry hobbs outside of robin hood hills yelling for his son at
seven o'clock this is obviously significant because we have the boys going into the woods at seven o'clock and now we have one of the fathers saying the stepfather of Stevie is yelling for the boys he didn't say this at the time though it's hard for me to express how little I believe this whatever the truth is of this case John Mark Byers if you've seen Paradise Lost you've seen what he's like you've seen how dramatic he is
This is, as Alice said, this is something that he says decades later when he's completely changed his view on the case and he's decided that Terry Hobbs is involved. All of a sudden, he recalls this critical moment. The murders would have happened where Terry Hobbs is essentially at the scene. It's highly unlikely.
The first thing you would say, right, is to go to the father of another boy that your son is hanging out with and be like, You last saw them at seven o'clock or you would tell police that before the boys were found to say, well, I saw the stepfather standing right there yelling for them. They got to be in there. He was the last one to see him. Go talk to him. None of that happened at the time.
And so, yeah, this is a very suspect memory because it certainly wasn't stated at the time. Now, 730 John Mark Byers, who has been doing loops around the neighborhood looking for his son, sees a police officer at a dollar store and tells him that he can't find his son. The officer tells John Mark Byers to give it a little bit of time, give it till eight o'clock and see if the boy turns up.
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Chapter 7: What is the importance of the police incident involving Jesse Miskelly?
Now, remember, she saw them together at some point and she tells him that she did see them on their bikes. They walk down the road in a little bit of a direction towards Robin Hood Hills.
And I always find this to me, this is kind of a chilling moment in this case because they're walking down the road and they're on the side of the road is Chris's skateboard, the same skateboard he was riding in the street when he got in trouble earlier today.
It seems like he rode that skateboard a little bit down the street and then at that point made the transition onto the back of one of the boys' bikes. And there's a couple of things I think are worth pointing out at this point. They always talk about how important the timelines are. I think we can say just based on the timeline that John Mark Byers had nothing to do with this.
John Mark Byers is going to be a suspect, an alternative suspect. It is impossible for him to have done this. Remember, the last sighting of the boys is around seven o'clock. We know he is driving around looking for his son at that time. And in fact, at seven thirty, he's talking to a cop. So you would have to believe that essentially people see the kids going into the woods at seven.
Somehow he gets into the woods, kills them, does all the things we're going to talk about later on. He would have to do hides the bodies, leaves and then goes and talks to a police officer.
Without changing clothes. I was going to say without mud or water or blood on him.
And then 30 minutes later, he's calling the police. So even if you think, OK, fine, he talked to the cops first and then he found it. Well, once again, you have the same problem. The timing issue immediately appears that there's really no way he could have pulled this off. And what is amazing about this case is you will hear so often about.
The rush to judgment on the West Memphis Three and how it was a witch hunt and they were attacked because of how they looked and how they acted and all this other stuff. And yet the same people making that argument, the makers of Paradise Lost, the author of The Devil's Knot, a book that is often presented as this wonderful work of journalism.
demonize John Mark Byers for the same reason without apparently doing even the basic research that if you had done, you would see he really couldn't have done this. It's basically impossible for John Mark Byers to have pulled this off. I'm willing to say it is impossible for him to have pulled this off.
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Chapter 8: Why is pinpointing the exact time of death difficult in the West Memphis 3 case?
There you go. Everything's lining up. OK, so this is from LBCW. LBCW says he sees a lot of injustice in the world. Not a lawyer, though. He's a software developer and he wants to know how he can support justice as a software developer. Oh, I'll say about that. So much, actually. So much. I mean, now is your time. I mean, all justice is going to be done by software soon. Yeah.
Absolutely. I mean, there's and I'm sorry, because I don't actually know what software developers do, except I know that it's important. And I know that I can't do it is almost all of the best IT folks I have worked with in different legal jobs, including as a prosecutor.
They are trained in software development and on their own free time, because unfortunately, governments, as you can imagine, are sometimes very old fashioned, slow to change, but they develop things that help us, for example, be able to analyze a cell phone dump much easier. That's a massive amount of information.
It's not quite AI because we're not looking for some formula, but to be able to look through massive amounts of information in an orderly way and then to turn that massive information dump into something that can be a story to convey to the jury is all wrapped up within kind of software development.
and how you use technology to sift through massive amounts of information, because these cases, as you can tell from just this timeline, is so much information, so many tips come through, but how do you possibly give the pieces of information due time that need it? So whether that's volunteering your services for like a nonprofit, for like missing people,
Looking for missing people, that's a great way. They are strapped for cash. And if you're able to kind of get started in that way, I can't imagine what amazing work you can do in helping them just sort through something as simple as all of the tips coming through or how to order the way you look at things.
The way information is dumped into investigations these days, it's great to have access to more information, but truly it means things can get buried as we saw in the Delphi case, right?
That wasn't because of a technology dump so much as so many tips coming in that kind of the key tip for the ultimate conviction was buried for several years because there just was too much information to sift through. So that's kind of a... I think every nonprofit could use your services. A lot of governments and prosecutors offices could probably too, but they're slower to move to change.
That's such a good point. And just one example of how you can do this. And you see this all the time. There are people on Twitter who've invented programs that allow them to very quickly
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