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West Memphis 3 plead guilty to win freedom


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Updated: 8/19/2011 9:47 pm Published: 8/19/2011 10:23 am
JONESBORO, Ark. (AP) - Three men convicted in the nightmarish slayings of three Cub Scouts went free Friday, nearly two decades after they were sent to prison in a case so gruesome it raised suspicions the children had been sacrificed in a Satanic ritual.

Doubts about the evidence against the trio had persisted for years and threatened to force prosecutors to put on a second trial in 2012.

Instead, the so-called West Memphis Three were permitted to plead guilty to murder in exchange for time served, ending a long-running legal battle that had raised questions about DNA and key witnesses - and attracted support from celebrities such as Eddie Vedder.

The men entered the pleas under a legal provision that allowed them to maintain their innocence while acknowledging that prosecutors had enough evidence to convict them.

"Although I am innocent, this plea is in my best interest," Jessie Misskelley said.

Damien Echols had been on Arkansas' death row and in 1994 came within three weeks of execution. He remained defiant Friday, accusing prosecutors of using innuendo and faulty evidence to convict them.

In the event of a new trial, "they knew there would be more people watching, more attention on the case, so they wouldn't be able to pull the same tricks," Echols said.

Prosecutor Scott Ellington said it would be "practically impossible" to put on a proper trial after 18 years. The mother of a witness who testified about Echols' confession has publicly questioned her daughter's truthfulness. And a crime lab employee who collected fiber evidence at two of the defendants' homes has died.

"I believe this case is closed, and there are no other individuals involved," Ellington said.

Since the original jury convictions, two of the victims' families have joined forces with the defense, declaring that the men are innocent, he added.

The victims' families were notified about the pact ahead of time but were not asked to approve it.

Echols said he and the others would keep working to clear their names. The men, who were teenagers when they were convicted, have spent half their lives in prison.

Asked by reporters about his plans, Jason Baldwin replied, "Live my life the best I can and enjoy every moment of it."

Baldwin told reporters he had been reluctant to plead guilty to crimes he didn't commit, but he agreed to do so to ensure Echols was spared from death row.

Echols thanked Baldwin and called his release "overwhelming."

"It's not perfect by any means," he said of the arrangement. "But it at least brings closure to some areas and some aspects."

The prosecutor said he never considered any plea bargain that would throw out the verdicts of two juries.

"Today's proceeding allows the defendants the freedom of speech to say they are innocent, but the fact is, they just pled guilty," Ellington said.

By entering guilty pleas, the three have lost any right to file a lawsuit against the state.

"I can't say that wasn't part of my thinking in resolving this case," Ellington said.

In the courtroom, the father of one of the victims spoke out shortly after the men entered their pleas.

"Your honor, if you go through with this, you're going to open Pandora's box," Steve Branch protested before deputies led him away. "You're wrong, your honor. You can stop this right now before you do it."

All three men were placed on 10 years' unsupervised probation. If they get in trouble again, they could be sent back to prison for 21 years, Ellington said.

Circuit Judge David Laser acknowledged the case was complex and that families on both sides had suffered. He said Friday's deal would serve justice "the best we can."

"I don't think it will make the pain go away," Laser said.

One person yelled "Baby killers" as the three left the courtroom.

The killings were particularly ghastly. The boys - Steve Branch, Christopher Byers and Michael Moore - were found naked and hogtied, and rumors of Satanism roiled the community of 30,000 people across the Mississippi River from Memphis, Tenn.

Branch and Moore drowned in a drainage ditch in about 2 feet of water; Byers bled to death, and his genitals were mutilated and partially removed.

Police had few leads until receiving a tip that Echols had been seen covered in mud on the night of the boys' disappearance. The big break came when Misskelley unexpectedly confessed and implicated the other two.

"Then they tied them up, tied their hands up," Misskelley told police in a statement, parts of which were tape-recorded.

After describing sodomy 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, then 17, later recanted, and defense lawyers said he got several parts of the story incorrect. An autopsy found 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.

Misskelley was tried separately and sentenced to life in prison plus 40 years. He refused to testify against the others, and his confession was not used as evidence. Baldwin got life without parole.

The Arkansas Supreme Court upheld Echols' conviction and death sentence in 1996, saying there was still enough other evidence to sustain it.

Last fall, the Arkansas Supreme Court ordered a new hearing for the three and asked a judge to consider allegations of juror misconduct and whether new DNA science could aid the men or uphold the convictions.

A 1996 HBO documentary titled "Paradise Lost: The Child Murders at Robin Hood Hills" drew the attention of celebrities including Vedder and Natalie Maines, lead singer of the Dixie Chicks. Joined by other stars, they helped fund a legal team that sought a new trial.

"Why are they innocent?" Vedder said in an interview with The Associated Press last year. "Because there's nothing that says they're guilty."

On Friday, Echols' wife, Lorri, sat in the front row of the crowded courtroom next to the Pearl Jam frontman. Vedder put his arm around her during the proceedings.

(Copyright 2011 by The Associated Press. All Rights Reserved.)
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The views expressed here do not necessarily represent those of FOX16 - Breaking News and Weather to Plan Your Day for Little Rock and Central Arkansas

namvet6869 - 8/20/2011 9:44 AM
0 Votes
@XxDawgxX - Have you ever spent time in jail or State Prison? I haven't so I really do not know what I would do to get out of there. The men were convicted and then appealed that conviction. I am going to go and read everything I can get on the Trials and investigation because that is about All I know about the case and it sounds like a miscarriage of justice. Forcing them to plead guilty to get out of jail is a little different.

XxDawgxX - 8/20/2011 8:45 AM
0 Votes
@CanW76-Your absolutly right about them being basically forced to plead guilty to be free, personally I would never do that! I would never plead quilty to a crime I did not commit even if it meant I would sit a rot in prison but there was a life at stake here and Im sure that played a big part. I believe the WM3 are innocent and were a part of false imprisonment. For that the should throw everyone who was involved with the false imprisonment behind bars! However the "LAW" wont continue to look for the real killer cause the WM3 were put in a spot where they plead guilty to go free meaning they will close the case. The system that is put in place to protect us in these kinds of situations is LAZY, theres no money in investigating this crime and finding the real killer, therefore it wont happen. They are too busy out setting speed traps and looking for people not wearing their seat belts, now theres money in that! Congrats WM3, I hope now that your free you can go on with your lives and life to the fulliest but NEVER and I mean NEVER stop fighting to clear your names!!!!!!

really45 - 8/19/2011 9:46 PM
1 Vote
The system works just fine, for the system. These guys didnt do the crime but had to pay the time all because of a judicial sytem out of control. Its not the first time and for sure not the last. The Great State of Arkansas just saved its ass is all that just happened. This state doesnt have the amount owed to these guys. Just how much is a year worth these days? Alot if it were you! suckit!

tcrettig1963 - 8/19/2011 6:26 PM
2 Votes
If your on death row you shoul be put to death 2 feet out of the court room within 30 seconds of the conviction. Will any of you that wanted them free let them baby sit your 3 young boys? I didn't think so. People like that don't change. But all you celebrities that went to bat for them need to let them hang out with your kids for a few weeks and see what happens.

McCoy - 8/19/2011 6:09 PM
0 Votes
Listening to Prosecutor Ellington's prepared statement, I blinked and thought I was listening to AL Core tell how he invented the Internet.

sjn12 - 8/19/2011 5:31 PM
0 Votes
For real Caneman this is the same topic? Aborted babies and murder of boy scouts? Well at least if they're sending the mothers to that hot hell for being too poor to raise children they can't afford they'll have plenty of hot sperm donor dads to send with them- bet its crowded- or maybe we can all live on welfare and mass produce and break our country even faster ohh wait that’s already happened- or better yet we can starve them to death like they do in third world countries when aid is unavailable or you don't qualify because too many are already on it and they need to make cut backs which you don’t control and that mim job can't keep up with inflation- or maybe angles will poop doctor fees and we can suddenly afford birth control and gyn appointments- wait I know we can all move to Mexico since they’re already getting our under the table income to finance the illegal families the us already pays for so we can all go to heaven- --for realcaneman?

caneman - 8/19/2011 4:54 PM
1 Vote
well the guilty ones got away again. i feel sorry for the three victims. oh well, GOD KNOWS FOR SURE AND HE WILL JUDGE, NO EXCUSES. jesus saves. kinda like aborted babies. everyones got some kind of excuse to blame everyone but themselves, but God knows and will take care of it all someday. hells hot and eternity is forever. Jesus saves

McCoy - 8/19/2011 4:33 PM
1 Vote
It time every Arkansas became involved with the InnocentProject.org It may be the only way to protect the integrity of our judicial system. This case was handled emotionally, not factually as it should have been, and Arkansans came close to being party to a lynching.

taintedsoul - 8/19/2011 4:28 PM
1 Vote
I am glad these guys have been released but the sad thing is that they can't sue the state for misconduct because they more or less pled guilty for time served. now the state doesnt have to pay them back for all the lost years of their lives.... too sad

CanW76 - 8/19/2011 3:20 PM
1 Vote
No contest, is a nicer form of guilty. I do not think they should have been forced to plead guilty to a crime they didn't do, to gain their freedom! The justice system is so warped sometimes! So, does this mean that they are going to ignore the new DNA evidence they have discovered?! Let the real killers remain out there somewhere instead of the prosecuting attorney's office admitting that they made a terrible mistake! Of course it does! Disgusting!
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