A hearing is underway today on the continuing effort to get access to evidence in the closed West Memphis 3 murder case under the Freedom of Information Act.

Jason Baldwin is shown here today in a photo by Mara Leveritt in the Crittenden County Courthouse.

She’ll provide an update later. Ken Swindle, attorney in the FOI case for Pam Hicks, mother of one of the victims, is arguing that material in Prosecuting Attorney Scott Ellington’s file supports a new investigation in the 1993 deaths of three children, a case otherwise closed by the convictions of Baldwin, Damien Echols and Jessie Misskelley. All were released from prison as a result of the state’s concession that they likely would win new trials.

If Ellington is ignoring information that others were responsible for the deaths and mounting no investigation, then the case is closed, Swindle argues, and his client should have full access to anything in the files about the case.


The judge, however, indicates he accepts the prosecutor’s word that the investigation remains open.