I find it hard to believe that [Deputy Prosecuting Attorney John] Fogleman and [Prosecutor Brent] Davis weren't smart enough to realize how ridiculous Griffis was, but they called him anyway to testify about the occult because, in my opinion, they knew they didn't have enough without playing some "occult" card to the jury.
Prosecutors Brent Davis and John Fogleman were not so careless at the Echols/Baldwin trial, 12 years earlier in Arkansas.
told the jury that wearing black, listening to heavy metal music, and reading books by the likes of Stephen King, Ann Rice and Dean Koontz (which were also mentioned at trial), did not necessarily make Echols
Like Davis and Fogleman
empathized that in a circumstantial case, the items "must be taken as pieces of a puzzle."
John Fogleman, an uncle of the man by the same name who prosecuted the West Memphis Three, was the county's assistant prosecuting attorney at the time.
That John Fogleman
is dead now, but his
brother, Julian Fogleman, who was Marion's city attorney when Banks was murdered, was still alive in 2010, when he
was interviewed by a reporter for CNN
Julian Fogleman is the father of John Fogleman, who prosecuted the West Memphis Three and who is now a circuit judge.
Last year, his nephew, Judge John Fogleman of the West Memphis case, ran for a seat on the state's high court.
When asked during his campaign about the scarcity of evidence at the teenagers' trials, Fogleman told a reporter for the Arkansas Times, "I completely stand by every step I took in that case.
Prosecuting attorneys Brent Davis and John Fogleman could not play Misskelley's confession at the Echols/Baldwin trial unless Misskelley agreed to testify.
explained the situation like this: "All is not lost if he
But the odds [of winning convictions] are reduced significantly.
Nor did Davis and Fogleman
, who were days away from starting the Echols/Baldwin trial.
Prosecutor John Fogleman decided that Misskelley's accusation and self-incrimination provided probable cause to arrest the teenagers and search their homes.
In the months after the arrests, Prosecuting Attorney Fogleman launched an unusual and unannounced "prosecutor's investigation" in a search for evidence to support Misskelley's statements.
had no murder weapon, no indication that the accused knew any of the victims, and no evidence from the scene where the bodies were found that linked to any of the accused.
personally questioned dozens of people-and again, as in Salem, most were children and teenagers.
In October 1993, with the trials just a few months away, Fogleman
had divers search a small lake behind the trailer park where Baldwin lived.
would later suggest in court that the knife had been used on the victims, though no forensic evidence supported that claim.Years later, Fogleman
told me that that search of the lake was kept secret.
asked him if he
could describe the appearance of "young people involved in the occult."