Action News 5 - Memphis, TennesseeWM3 Judge David Burnett breaks his silence after 18 years

WM3 Judge David Burnett breaks his silence after 18 years

Posted: Updated:
  • News on WMCTV.comNews

  • Wednesday, May 23 2012 2:52 PM EDT2012-05-23 18:52:24 GMT
    Right now a grassroots effort is underway that could bring alcohol sales to a dry Mississippi town.Just off busy Interstate 55 is Senatobia Mississippi. For as long as anyone can remember, alcohol has
    Right now there is a grassroots effort underway that could bring alcohol sales to a dry Mississippi town. Just off busy Interstate 55 is Senatobia Mississippi; and for as long as anyone can remember, alcohol has never been allowed.
  • Wednesday, May 23 2012 2:48 PM EDT2012-05-23 18:48:51 GMT
    (WMC-TV) The West Memphis police department needs your help in tracking down a killer. Eddie Lee Tribble is on the department's most wanted list. Tribble is wanted for his connection with the shooting
    The West Memphis Police Department needs the public's help tracking down an accused killer.
  • More than 15 months after autocratic leader Hosni Mubarak's ouster, Egyptians streamed to polling stations Wednesday to freely choose a president for the first time in generations.
    More than 15 months after autocratic leader Hosni Mubarak's ouster, Egyptians streamed to polling stations Wednesday to freely choose a president for the first time in generations. Waiting hours in line, some debated to...
  • Wednesday, May 23 2012 11:40 AM EDT2012-05-23 15:40:37 GMT
    (WMC-TV) - The fight for Grayson Walker is going viral online. His mother, Heather Walker, posted photos of his birth defects on Facebook only to be temporarily banned from the social network. Facebook
    The fight for Grayson Walker is going viral online.

    Facebook apologized to the baby's mother and now people across the globe are rallying around the Walker family.
  • Wednesday, May 23 2012 10:50 AM EDT2012-05-23 14:50:25 GMT
    (WMC-TV) - They advertise like they are selling their own car, but Andy Wise found an auto scheme with an interesting nickname. The operation he uncovered is called "Curb Stoner" and Wise is on a mission
    (WMC-TV) - They advertise like they are selling their own car, but Andy Wise found an auto scheme with an interesting nickname. The operation he uncovered is called "Curb Stoner" and Wise is on a mission
  • Wednesday, May 23 2012 10:01 AM EDT2012-05-23 14:01:20 GMT
    A disturbing surveillance video of a father placing his baby in a washing machine and turning it on is making the rounds on the internet.
    Officials from Camden, NJ are looking to identify and speak to the parents who put their baby in a washing machine at a laundromat.
  • Wednesday, May 23 2012 9:33 AM EDT2012-05-23 13:33:13 GMT
    MEMPHIS, TN - (WMC-TV) – The year was 1962. Ray Charles' "I Can't Stop Loving You" was at the top of the charts when a high school sophomore named Dave Brown landed his first job in broadcasting. "Dave
    High school sophomore Dave Brown landed his first job in broadcasting in 1962.  Fifty years later, Dave is still in the business and has no intention of getting out any time soon.
  • Wednesday, May 23 2012 9:25 AM EDT2012-05-23 13:25:19 GMT
    COLLIERVILLE, TN - (WMC-TV) – More than a dozen customers taken hostage during a robbery are grateful the armed men who stormed a Collierville Walgreens are in custody. Fortunately, three male suspects
    More than a dozen customers taken hostage during a robbery are grateful the armed men who stormed a Collierville Walgreens are in custody. Fortunately, three male suspects and a female getaway driver did not get far after police say they robbed the store where customers and employees were forced at gunpoint to lie on the floor. 
  • Wednesday, May 23 2012 7:39 AM EDT2012-05-23 11:39:51 GMT
    WEST MEMPHIS, AR - (WMC-TV) – A police standoff situation in West Memphis, Arkansas that shut down a neighborhood ends with the escape of a murder suspect. Chopper 5 was over this breaking situation before
    A police standoff situation in West Memphis, Arkansas that shut down a neighborhood ends with the escape of a murder suspect. Chopper 5 was over this breaking situation before police deemed their flight too dangerous.
  • Wednesday, May 23 2012 7:23 AM EDT2012-05-23 11:23:23 GMT
    PESHAWAR, Pakistan (AP) - A government official says a Pakistani doctor who helped the U.S. track down Osama bin Laden has been convicted of high treason and sentenced to 33 years in prison.    Nasir Khan
    A government official says a Pakistani doctor who helped the U.S. track down Osama bin Laden has been convicted of high treason and sentenced to 33 years in prison.

JONESBORO, AR (KAIT) - In 1993, Judge David Burnett oversaw the trials of Damien Echols, Jason Baldwin and Jesse Misskelley, the so-called "West Memphis Three."  He even postponed a run for state senate to preside over their numerous appeals.  For years Burnett refused to comment on the case until now.  In an exclusive interview with Region 8 News, State Senator Burnett reveals what he actually thinks about the defendants, the case and the outcome.

In 1993, Stevie Branch, Christopher Byers and Michael Moore were found murdered near their West Memphis homes.  Three teenagers Damien Echols, Jason Baldwin and Jesse Misskelley were arrested for the crime.  All three were found guilty of murder.  Baldwin and Misskelley received life in prison.  Echols was sentenced to death. 

For 18-years the so-called "West Memphis Three" appealed their case.  For 18-years, Judge David Burnett denied those appeals and he refused to speak about the case or the men outside of the courtroom.  That is until now.

Last August, after weeks of negotiations with prosecutors, Echols, Baldwin and Misskelley were released from prison without a retrial.  Now a State Senator, Burnett says that was a mistake. 

"I'm not real happy with the outcome.  I would have preferred to see them have a new trial," said Burnett. 

As for the prosecutors and judges who released them, Burnett says, "They did their job.  And I did mine as I saw it."    

While he doesn't criticize the decision, Burnett does defend his actions through the years.  And, he says, he has the state's highest court on his side: 

"Frankly, everything I did was affirmed by the Arkansas Supreme Court." 

But that wasn't good enough for supporters of the West Memphis Three, who fought to see the men go free.  Some traveled from as far away as Australia to attend their hearings.  To those who say he should have granted a new trial, Burnett says..."Well, that was my opinion.  They didn't need one.  But, I wouldn't have objected if they'd gotten one.  That was my decision at the time." 

On August 19, 2011, the West Memphis Three appeared in a Jonesboro courtroom.  Their supporters, including singers Natalie Mains and Eddie Vedder, were in the courtroom when the decision to release them was handed down.  Outside on the streets, the three men were greeted with cheers.

Since then, the West Memphis Three have been treated like veritable rock stars.  While Misskelley has kept a relatively low profile at his family's home in Crittenden County, Baldwin and Echols have been spotted alongside celebrities at the premiere of a new documentary examining their case.  There's even talk of Johnny Depp producing yet another movie about the West Memphis Three.  For Burnett, it's a bit much.  

"The way it's ended, it's now a Hollywood comedy in my opinion and I don't like that," said Burnett. 

In our exclusive interview, Senator Burnett said he has not had anything to do with the case in two years.  He said, "I felt like I did what I was called upon to do at the time, 18 years ago."

Copyright 2012 KAIT. All rights reserved.