Day 3 of Rule 37 Hearing for Baldwin and Misskelley

JONESBORO, AR (KAIT) -- Two men convicted in the murders of three West Memphis 8-year-olds back in 1993 were back in a Jonesboro court on Friday.  After three days of testimony, the second session of the "Rule 37" hearings has now come to a close.

Jessie Misskelley and Jason Baldwin arrive for the last scheduled day of their rule 37 hearings.  The defense calls licensed psychologist Dr. Timothy Derning to the stand.

In his testimony Derning said he was originally contacted by Dan Stidham and then by Misskelley's current attorney's to do a mental evaluation on their client.  After doing a series of at least ten different cognitive tests Derning determined Misskelley is mentally retarded.

Derning said the previous psychologist used by Stidham didn't do an adequate job in his expert testimony in the case.  He said that the tests done by Dr. William Wilkins weren't the type of tests that needed to be done for Misskelley.
In his cross examination prosecutor Brent Davis asked Dr. Derning about what he thought the extent of Misskelley's mental abilities could be and if he thought Misskelley would've been of any assistance to his attorney's.

Supporters of Misskelley and Baldwin say they are glad to be hearing what Dr. Derning has to say.

"I can't imagine anybody sitting in that courtroom listening to that testimony and walking away from it thinking Jessie could've assisted his attorney's when he can't give consistent statement," said David Perry Davis.