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PorkChopSandwiches
08-19-2011, 03:31 PM
JONESBORO, Ark. — Lawyers representing three men convicted of killing three 8-year-old boys in a notorious 1993 murder case have reached a potential deal that could allow the men, known as the West Memphis Three, to walk free on Friday, people familiar with the deal said.

The men, Damien Echols, Jason Baldwin and Jessie Misskelley, Jr., have been in prison since 1993, Mr. Echols on death row and the other two serving life sentences, despite numerous appeals and post conviction hearings, and a committed army of supporters who have insisted on their innocence.

The deal being discussed would not technically result in a full exoneration; some of the convictions would stand, though the men would not admit guilt. Should Mr. Echols be freed, it would be the highest profile release of a death row inmate in recent memory.

The deal comes five months before a scheduled hearing as to whether the men should be granted a new trial in light of DNA evidence that surfaced in the past few years. None of their DNA has been found in tests of evidence at the scene. The Arkansas Supreme Court ordered the new hearing in November, giving new life to efforts to exonerate the three men.

In May 1993, the bodies of the boys, Christopher Byers, Steve Branch and James Michael Moore, were found in a drainage ditch in a wooded area of West Memphis, Ark., called Robin Hood Hills. The bodies appeared to have been mutilated, their hands tied to their feet.

The grotesque nature of the murders led to a theory about satanic cult activity. Investigators focused their attention on Mr. Echols, at the time a troubled yet gifted teenager who practiced Wicca, a rarity in the town of West Memphis. Efforts to learn more about him, spearheaded by a single mother cooperating with the police, led to Mr. Misskelley, a passing acquaintance of Mr. Echols, who is borderline mentally retarded.

After a nearly 12-hour interrogation by the police, Mr. Misskelley confessed to the murders and implicated Mr. Echols and Mr. Baldwin, though his confession diverged in significant details with the facts known by the police.

Largely on the strength of that confession, Mr. Misskelley was convicted in February 1994. Mr. Echols and Mr. Baldwin soon after were convicted in a separate trial, largely on the testimony of witnesses who said they heard the teenagers talk of the murders and on the prosecution’s theory that the defendants had been motivated as members of a satanic cult. Mr. Misskelley’s confession was not admitted at their trial, though recently a former lawyer for the jury foreman, filed an affidavit saying that the foreman, determined to convict, had brought the confession up in deliberations to sway undecided jurors.

An award-winning documentary, “Paradise Lost: The Child Murders at Robin Hood Hills,” was released after their convictions, bringing them national attention. Benefit concerts were held, books were written a follow-up documentary was made and the men’s supporters continued to pursue their freedom. Many residents of West Memphis resented the presumption that outsiders knew the details of the horrific case better than they did. But in recent years some, though not all, of the victims’ families have begun to doubt the guilt of the three men.

Hal-9000
08-19-2011, 04:56 PM
"None of their DNA has been found in tests of evidence at the scene."

John Douglas, famous FBI profiler says that you can commit a violent crime and not leave any forensic DNA, although it is difficult...yet it is still possible.
Since the crimes were not sexual in nature, I don't understand how lack of DNA can exonerate these guys.

PorkChopSandwiches
08-19-2011, 05:20 PM
"None of their DNA has been found in tests of evidence at the scene."

John Douglas, famous FBI profiler says that you can commit a violent crime and not leave any forensic DNA, although it is difficult...yet it is still possible.
Since the crimes were not sexual in nature, I don't understand how lack of DNA can exonerate these guys.


You should watch Paradise Lost, they really had 0 evidence. These kids were railroaded because they listened to heavy metal. All they had was a confession form a slightly retarded kid who was strong armed into confessing to something they didn't do. Its a very sad story.

PorkChopSandwiches
08-19-2011, 05:33 PM
(CBS/AP) JONESBORO, Ark. - Three men convicted of killing three 8-year-old Cub Scouts and dumping their bodies in an Arkansas ditch changed their pleas Friday, resolving a yearslong effort to win their freedom.
Under a plea bargain, Damien Echols, Jason Baldwin and Jessie Misskelley were being freed immediately. The families of Steve Branch, Christopher Byers and Michael Moore were notified about the pact ahead of time but were not asked to approve it.

The defendants, known by their supporters as the West Memphis Three, agreed to a legal maneuver that lets them maintain their innocence while acknowledging prosecutors have enough evidence against them. They were credited with time served, and Echols is being freed from Arkansas' death row. They were placed on 10 years' probation and if they re-offend they could be sent back to prison for 21 years, Prosecutor Scott Ellington said.

"I believe this case is closed," Ellington said.

The May 5, 1993, killings were particularly gruesome. The three boys were found nude and hogtied. Branch and Moore drowned in about 2 feet of water; Byers bled to death and his genitals were mutilated and partially removed.

Because Echols wore black and listened to heavy metal music, investigators believed the murders were part of a satanic ritual, reports 48 Hours correspondent Erin Moriarty. (Watch 48 Hours coverage of "West Memphis Three" below.)

Police had few leads until receiving a tip that Echols had been seen mud-covered the night the boys disappeared. The big break came when Misskelley unexpectedly confessed and implicated Baldwin and Echols in the killings.

"Then they tied them up, tied their hands up," Misskelley said in the statement to police, parts of which were tape-recorded. After describing sodomizing and other violence, he went on: "And I saw it and turned around and looked, and then I took off running. I went home, then they called me and asked me, `How come I didn't stay? I told them, I just couldn't."'

Misskelley later recanted, and defense lawyers said the then-17-year-old got several parts of the story incorrect. An autopsy said there was no definite evidence of sexual assault. Miskelley had said the older boys abducted the Scouts in the morning, when they had actually been in school all day.

The three men had won new hearings from the Arkansas Supreme Court in November, more than 15 years after they went to prison despite little physical evidence linking them to the crime scene. Their attorneys pointed to new DNA evidence that they say would have helped exonerate the three men.

The scene was lively at the court Friday, with hundreds of people — spectators, reporters, supporters — filling the hallway outside the courtroom.

Some in the crowd applauded as Lorri Davis, Damien Echols' wife, entered the courthouse. Pearl Jam front man Eddie Vedder also traveled to Jonesboro for the hearing. The cause of the three men was championed by several celebrities, including Vedder and actor Johnny Depp.
Byers' adoptive father, John Mark Byers, said he believes Echols, Baldwin and Misskelley are innocent. He said prosecutors told him that they planned to reach a no-contest plea on Thursday.

"There's certainly no justice for the three men that's been in prison or my son and his two friends," Byers said. "To me, this is just a cop-out from the state for not wanting to admit that they made a mistake."

The deal reached Friday is what's known as an Alford plea. Normally, when defendants plead guilty in criminal cases, they admit that they've done the crime in question. But in an Alford plea, defendants are allowed to insist they're innocent, says Kay Levine, a former prosecutor who now teaches criminal law and criminal procedure at Emory University in Atlanta. She is not involved with the Arkansas case.

"It's not an insane strategy decision," Levine said. But, she added: "It's incredibly troubling to us as a free society that people would plead guilty to something that they actually did not do."

Some judges find the legal maneuver offense, Levine says, because they see no reason someone would not contest to a crime that they didn't commit. But most prosecutors would take the agreement, she said.

"The prosecutors still get the deal that they have already struck," she said.

Hal-9000
08-19-2011, 05:55 PM
You should watch Paradise Lost, they really had 0 evidence. These kids were railroaded because they listened to heavy metal. All they had was a confession form a slightly retarded kid who was strong armed into confessing to something they didn't do. Its a very sad story.

It's a TV special, correct? Seems interesting