WM3: Family seeking evidence - FOX13 News, WHBQ FOX 13

WM3: Family seeking evidence

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UPDATE:

MARION, Ark. (AP) -- A judge says he plans to rule next week on whether to dismiss a lawsuit filed by the mother of one of three Cub Scouts killed in northeast Arkansas in 1993.
 

Pam Hicks filed a civil lawsuit in June in hopes of viewing evidence in the slaying of her son, 8-year-old Stevie Branch, and his friends, Michael Moore and Christopher Byers.
 

Hicks argues that police and prosecutors are violating Arkansas' Freedom of Information Act by not allowing her to examine items from the case that include her son's bicycle and clothes.
 
David Peeples, attorney for the city of West Memphis, argued that the physical evidence Hicks wants to see is not covered by the state's FOIA law and asked Circuit Court Judge Victor Hill on Wednesday to dismiss the lawsuit.

   AP-WF-10-24-12 1746GMT

 

 

WEST MEMPHIS, Ark. (AP) -- A judge has scheduled a hearing in a lawsuit filed by the mother of one of three Cub Scouts killed in 1993 in West Memphis.


Pam Hicks filed the civil suit in hopes of viewing evidence in the slaying of her son, 8-year-old Stevie Branch, and his friends, Michael Moore and Christopher Byers.


Hicks argues that police and prosecutors are violating the state's Freedom of Information Act by not allowing her to examine items from the case, including her son's bicycle and clothing. The Jonesboro Sun reports that Circuit Court Judge Victor Hill will consider Hicks' request at 10 a.m. on Oct. 24.


Prosecutor Scott Ellington has said he's willing to let Hicks view the bicycle and clothing but that he won't release all investigative materials.

 

Darcy Thomas is live at the courthouse.

 

Darcy Thomas Twitter Posts

11:43am: Prosecution says Pam Hicks' sons' bike, shoes, clothes.. Falls under physical evidence not covered under FOI. #wm

11:27am: Prosecution says 3 key affidavits r part of an ongoing criminal investigation. #wm3  

11:23am:  Defense wants all evidence under FOIA! #wm3

11:22am:  #wm3 a prosecuting atty. says he'll release all evidence except for 3 affidavits. They're part of ongoing investigation!

11:08am:  Pam Hicks wants evidence released under Freedom of Information Act.. Judge looking at does physical evidence fall under FOIA. #wm3

11:05am:  Pam Hicks asking court to see her sons belongings. #wm3

 


 

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