It has been nearly two decades since three Arkansas families saw the last items 8 year old Stevie Branch, Michael Moore, and Christopher Byers were wearing or the bikes they were riding the day they were killed.
Pam Hicks, the mother of Stevie Branch, is now demanding, as a citizen of the United States, to see her son's evidence.
Hicks filed a civil lawsuit in June under the Freedom of Information Act. She along with Mark Byers, Christopher Byers father, are asking Judge Victor Hill to grant access to see any physical evidence belonging to their children.
"They're violating my constitutional rights when they tell me that I can't see it. But every Tom, Dick, and Harry…Mary, Jane, and Sue already have. Why are they saying no to me?" Hicks said.
Mark Byers prematurely left his hospital bed from back surgery to make his case in court.
"My back doesn't mean anything compared to my child and his two friends. I'll never stop fighting for justice. On a wheel chair or a stretcher, as long as I can breathe I will fight for justice," Byers said.
The prosecution said most of the evidence is available to be seen yet it is asking the judge to dismiss the lawsuit. They are basing that on two reasons: They say physical evidence shouldn't fall under the umbrella of freedom of information. Also, there may be key evidence in the case to be used in a future criminal trial.
"Is this an ongoing investigation or not. We have the prosecutor Scott Ellington saying both things. Both that it is a closed file and that it is an ongoing investigation," attorney Ken Skindle said.
For these families, seeing all of the evidence may not bring them peace but it may bring comfort. Comfort that Pam Hicks believes she will experience.
"My faith tells me we will see justice," Hicks said.
WHBQ-TV | Fox 13
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