(Marion, AR) Parents of two of the three West Memphis boys murdered in 1993 went forward with their lawsuit in Crittenden County today.
They want to see the evidence police are holding from the murders.
Mark Byers hobbled out of the Crittenden County courtroom Wednesday morning one day after having back surgery.
“The Clydesdale Budweiser horses couldn't keep me away,” he said with a smile, but got much more serious. “My back doesn't mean anything compared to my child and his two friends. I will never stop fighting for justice on a wheelchair or a stretcher. As long as I can breathe, I will fight for justice.”
Two main issues at this point stand in the way of way of Byers and Pam Hicks seeing the items that belonged to their sons the day they were murdered.
The judge will have to decide if there is an ongoing, active investigation into their murders.
The other barrier is Byers and Hicks original filing of a Freedom of information Act.
The judge will have to decide if it includes material evidence in the case like the boys’ clothes and bike.
It is those materials the parents' attorney says they should be able to see.
“That's the whole purpose of impounding evidence, is for it to be viewed, otherwise the statute would have no purpose,” Ken Swindle argued in the courtroom.
The Prosecutor offered up 13 boxes of records for the parents to view, but they want to see all the evidence.
Byers believes that's already been done by others because he's heard there's a log book where people have checked it out.
He hopes that information will come out in court.
“Why do we have to be here to be suing the State of Arkansas to see something that everyone from coast to coast has been able to see, but they won't allow us,” Byers said. “I mean, is that not injustice?”
The judge says he will make a decision on the matter early next week.