Untying the Knot: John Mark Byers and the West Memphis Three by Greg Day
Book: Untying the Knot: John Mark Byers and the West Memphis Three by Greg Day
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Authors: Greg Day
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jewelry that he was working on and all his tools as well. As far as he was concerned, that was the end of it; not so for Ms. McNamara.
She claimed that $65,000 worth of merchandise was missing from the store, but there was insufficient evidence for a criminal case, so the matter was taken up in civil court. She filed suit against Bruce and Linda Barnes and, at least initially, John Mark Byers, for wrongly entering a business. Because Mark had insufficient tangible assets to attach in the event of a judgment against him, he moved himself into the jurisdiction of the bankruptcy court. As a result of this move and because it was evident that Mark had taken only the property that belonged to him, he was dropped as a defendant in the case and became a defense witness for the Barneses. McNamara lost the suit. Mara Leveritt makes note of this matter in Devil’s Knot by pointing out that Damien Echols’s trial counsel Val Price “didn’t question Byers about the allegation that he had committed a burglary of a jewelry store and the taking of property, which would have been a serious felony if prosecuted” [emphasis added]. But the district attorney never believed that there was enough evidence to prosecute Mark Byers, and this is what is relevant, not “allegations” of wrongdoing. Further, because Byers was dropped as a defendant and testified on behalf of his former codefendants, the court’s belief that he was not complicit in any “serious felony” was evident.
Shortly after Mark moved his tools and stock out of the store he ran with McNamara, he was diagnosed with a brain tumor in the frontal lobe. Although the tumor was determined to be benign, it caused him dizzy spells and terrible migraine headaches. To Mark, it felt like “a medicine ball, like there were sirens going off in my ears, and like a camera’s going off in my face.” 54 His doctor prescribed the drugs Tegritol and Dilantin to alleviate the symptoms. The drugs helped considerably, and he was able to continue his jewelry work. In mid-1992, Mark bought a prefabricated shed from a dealer on Broadway in West Memphis and had it moved to the backyard at 1400 East Barton. From here he did his repair work during most of 1992-1993. It was essentially a subsistence living, and the couple was financially just getting by. In 1992, Mark was unexpectedly presented with an opportunity to improve the situation; some might even say he was entrapped.
Tables Turned
Mark Byers’s account of this 1992 incident is such that even without much corroboration, it merits consideration. When asked about it, he is surprisingly blunt: “The ATF and DEA agents screwed up.” In this sting-gone-bad, federal agents baited Mark into a conspiracy to broker a cocaine deal, but because of procedural blundering on their part, they were unable to make the arrest stick. Had they been able to, Mark’s prison time would have begun much sooner than it did, and the sentence would have been harsh—twenty years, perhaps more. The details of Mark’s involvement in this incident are not publically available. The federal agencies involved will not comment for obvious reasons. All the record shows is that on July 28, 1992, at 11:43 p.m., Mark Byers was arrested on drug and weapons charges by the sheriff’s office of Shelby County, Tennessee, and released at 9:26 a.m. the next day. The record does not reflect to whom he was released, but what little information can be independently verified supports his account.
During the 1980s, Mark had become acquainted with a man named John McFarland, with whom he conducted jewelry trading for several years. Mark lost track of McFarland by the latter part of the decade, until he suddenly resurfaced in the summer of 1992. Upon his return, McFarland contacted Mark regarding a potentially lucrative drug transaction with which he wanted Mark’s assistance. McFarland had been working as a safety inspector for an operation that conducted the unloading of
She claimed that $65,000 worth of merchandise was missing from the store, but there was insufficient evidence for a criminal case, so the matter was taken up in civil court. She filed suit against Bruce and Linda Barnes and, at least initially, John Mark Byers, for wrongly entering a business. Because Mark had insufficient tangible assets to attach in the event of a judgment against him, he moved himself into the jurisdiction of the bankruptcy court. As a result of this move and because it was evident that Mark had taken only the property that belonged to him, he was dropped as a defendant in the case and became a defense witness for the Barneses. McNamara lost the suit. Mara Leveritt makes note of this matter in Devil’s Knot by pointing out that Damien Echols’s trial counsel Val Price “didn’t question Byers about the allegation that he had committed a burglary of a jewelry store and the taking of property, which would have been a serious felony if prosecuted” [emphasis added]. But the district attorney never believed that there was enough evidence to prosecute Mark Byers, and this is what is relevant, not “allegations” of wrongdoing. Further, because Byers was dropped as a defendant and testified on behalf of his former codefendants, the court’s belief that he was not complicit in any “serious felony” was evident.
Shortly after Mark moved his tools and stock out of the store he ran with McNamara, he was diagnosed with a brain tumor in the frontal lobe. Although the tumor was determined to be benign, it caused him dizzy spells and terrible migraine headaches. To Mark, it felt like “a medicine ball, like there were sirens going off in my ears, and like a camera’s going off in my face.” 54 His doctor prescribed the drugs Tegritol and Dilantin to alleviate the symptoms. The drugs helped considerably, and he was able to continue his jewelry work. In mid-1992, Mark bought a prefabricated shed from a dealer on Broadway in West Memphis and had it moved to the backyard at 1400 East Barton. From here he did his repair work during most of 1992-1993. It was essentially a subsistence living, and the couple was financially just getting by. In 1992, Mark was unexpectedly presented with an opportunity to improve the situation; some might even say he was entrapped.
Tables Turned
Mark Byers’s account of this 1992 incident is such that even without much corroboration, it merits consideration. When asked about it, he is surprisingly blunt: “The ATF and DEA agents screwed up.” In this sting-gone-bad, federal agents baited Mark into a conspiracy to broker a cocaine deal, but because of procedural blundering on their part, they were unable to make the arrest stick. Had they been able to, Mark’s prison time would have begun much sooner than it did, and the sentence would have been harsh—twenty years, perhaps more. The details of Mark’s involvement in this incident are not publically available. The federal agencies involved will not comment for obvious reasons. All the record shows is that on July 28, 1992, at 11:43 p.m., Mark Byers was arrested on drug and weapons charges by the sheriff’s office of Shelby County, Tennessee, and released at 9:26 a.m. the next day. The record does not reflect to whom he was released, but what little information can be independently verified supports his account.
During the 1980s, Mark had become acquainted with a man named John McFarland, with whom he conducted jewelry trading for several years. Mark lost track of McFarland by the latter part of the decade, until he suddenly resurfaced in the summer of 1992. Upon his return, McFarland contacted Mark regarding a potentially lucrative drug transaction with which he wanted Mark’s assistance. McFarland had been working as a safety inspector for an operation that conducted the unloading of
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