This is a day we’ve been waiting for, and I want to tell everyone how proud I am of the effort that has resulted in this first, critical step toward justice. The Arkansas Supreme Court could not have been more clear in its repudiation of the reasons Judge David Burnett and the office of Attorney General Dustin McDaniel put forth in trying to deny Damien, Jason and Jessie new trials.
The evidentiary hearing that has now been ordered will be quite something. Imagine: good lawyers, a new judge, all the evidence, and a mandate from the state supreme court that, this time, the three don’t have to prove their innocence! All they’ll have to prove is the likelihood that, under these new-to-this-case conditions, a jury would find them not guilty.