Jacoby urges judge to throw out unfound claims - FOX13 News, WHBQ FOX 13

Jacoby urges judge to throw out unfound claims

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WEST MEMPHIS, Ark. (FOX13) -

A Crittenden County judge is expected to rule on the new allegations in the case of the West Memphis 3.

Four people are accused of killing the Arkansas cub scouts in 1993, including the stepfather of one of the victims.

The finger pointing turned into a circus March 27.

MORE: New allegations surface in the West Memphis 3 murders
MORE: Long path to justice for man at the center of WM3 revelations

David Jacoby is hoping a voicemail recording could help shed light on the trickery that was used to get the information. He said says he's innocent and shared the voicemail to prove the sneaky methods used to railroad his name.

The attorneys who presented the allegations, hope eyewitness testimonies prove the prosecution ignored key evidence, which needs to be investigated. Jacoby, though, said the judge needs to throw out the unfounded claims.

"This recording shows some of the trickery that's out there," he said.

Jacoby said he received a November 2012 voicemail message from Mark Byers, whose son Christopher was a West Memphis 3 victim.  Jacoby says he hopes this sheds light on some underhanded ways used to obtain information in the infamous case.

"I just wanted to speak to you whenever you had free time and I wanted you to know I know without a doubt you're 100 percent innocent and you were being used by Terry Hobbs," a voicemail recording Jacoby has by Byers.

Since he was unsure of Byers motive, Jacoby never returned the November phone message. Byers attorney labeled Jacoby one of four killers in a new set of documented allegations that were made known March 27.

"There's a guilty party in this room, today, that helped kill my son and it's all I can do to grab a hold of him," Byers said on March 27.

The accusations claim Jacoby, Hobbs and two then-teenagers killed the young cub scouts after a day of drinking, drugs and joyriding in 1993. FOX13 News asked Byers about the apparent change of heart and the motive behind his voicemail to Jacoby.

"I never expected to confess," he said. "I was hoping merely for an explanation of why his version of what he did that night and Hobbs' version didn't match, discrepancies there. I was hoping just to see what he had to say about why they didn't match."

FOX13 News: "So you did believe he was guilty and you lied to him to get him to call you?"

"I did whatever I could to obtain information," Byers said.

While Byers would not say when he learned of the bombshell allegations, his attorney says  Byers found out an hour before the March 27 court hearing. Jacoby suspects his name will not be the last in what he calls frivolous accusations.

"The money out there for the reward is probably behind a lot of this, but we'll just have to wait and see," Jacoby said.
 
The attorney for Byers and another victim's parent, Pam Hicks, says physical evidence places Jacoby and Hobbs at the scene. But Jacoby says they were searching the area for hours and he's voluntarily provided his DNA. These allegations surfaced after Hicks' and Byers' attorney filed a lawsuit against the prosecution to view evidence in the case, and then gained access to some of the files.

The two parents don't plan to move the evidence case to the supreme court since they feel their questions have been answered.

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