Thursday, August 18, 2011
West Memphis Three Speculation mounts on freedom for West Memphis 3 UPDATE
Posted by Max Brantley on Thu, Aug 18, 2011 at 3:27 PM
Big news is expected in circuit court in Jonesboro Friday morning when Judge David Laser holds a hearing — just announced today — on the West Memphis Three case. Families of defendants and victims are expected to be in court, suggesting far more than routine procedural matters are at hand.
None of the interested parties are talking (lawyers are gagged), beyond saying that those interested in the case will want to be present. But I began making calls early this morning when I received a tip from a local attorney predicting earth-shaking developments, now believed to be release of the defendants in return for pleas to reduced charges, perhaps done in a way that the defendants can still maintain their innocence.
The facts are well-known. Damien Echols, who is on Death Row, and Jason Baldwin and Jessie Misskelley Jr., who are serving life sentences, were convicted in the 1993 slaying of three West Memphis children — Christopher Byers, Stevie Branch and Michael Moore. The trials, though marred by bogus claims of Satanism and shoddy investigative tactics, had withstood appeals until recent developments allowed examination of DNA evidence. To date, none of the DNA gathered in the case has matched any of the defendants. That doesn't exonerate them, but it was powerful new evidence that they weren't involved in the crime. Strong new evidence also was introduced about potential jury misconduct, specifically improper consideration of a statement made by one of the defendants. All that prompted the Arkansas Supreme Court to order a new evidentiary hearing to see whether the defendants were entitled to a new trial. Judge Laser was assigned to hear the case. The previous judge, David Burnett, now is a state senator.
The evidentiary hearing was scheduled for December. The surprise hearing tomorrow alone suggests a major development is at hand. The buzz in the defense bar community is that the news is beyond major. Until now, Attorney General Dustin McDaniel's office has fought vigorously against new proceedings for the defendants and in support of their convictions. A development tomorrow in which he joined in a defense suggestion would be momentous, indeed. Freedom for the WM3? The speculation today includes that possibility, though questions are numerous about how you'd reach such an outcome and, if it were to happen, whether it would include pronouncements on guilt or innocence or state liability.
The judge's office released this statement about Friday's hearing:
The court will take up certain matters pertaining to the cases of defendants Baldwin, Echols and Misskelley on Friday, August 19. One session will be conducted out of public presence with all defendants present and another session will be conducted in open court. The session conducted in chambers will likely begin at 10 a.m. followed by a public session which will begin about 11 a.m. Space will be limited for the public session — first to the parties, counsel and court personnel, then to family members of the victims and family members of defendants with remaining seating to be occupied by media representatives and the public. There will be approximately 15 minutes between the chamber session and open session for media and public to be seated. Miss Stephanie Harris, Arkansas Supreme Court communication counsel, will be present on Friday to assist with implementation and will be the court's intermediary with public and press.
Mara Leveritt, our senior editor who's done groundbreaking reporting and who wrote the book "Devil's Knot" about the case, will be in Jonesboro for tomorrow's hearing. She has a subscription website at her homepage link for more reporting.
Here's the link to video of an Jan. 2011 interview Times reporter David Koon conducted with Jason Baldwin at Tucker Max.
UPDATE: An Arkansas Correction Department spokesman confirms that the three defendants left the prison's Super Max unit today in the custody of Craighead County officers for the hearing. The spokesman says the inmates took all their possessions with them. She said inmates leaving with all possessions was "unusual," but not unprecedented. She said it was the first time all three of the defendants had left the prison together since their incarceration.
Scott Ellington, now prosecutor in the case, will be in court tomorrow, but is also gagged, a spokesman said in response to a question about whether he still favored fighting to keep the convictions in place. Actions by McDaniel and Ellington both have political tentacles. McDaniel is to run for governor in 2014. Ellington has been weighing a race for Congress next year.
UPDATE II: A Memphis TV station reports that it has had sources confirm that an agreement has been reached that would produce the release of two of the three defendants, but hasn't yet provided other details. Our sources continue to indicate the deal covers all three defendants and that one discussion included the state agreeing to the motion for a new trial in return for an agreement from defendants to plead to charges that would qualify them for release for time served. By still having a conviction — a prospect the staunchest WM3 defenders can't stomach — the defendants would be unable to seek damages for false imprisonment or to participate in profits from books or movies about the case. A common plea bargain tactic is to allow a nolo contendere, or no contest plea, to a criminal charge, which is a way of getting a conviction without an admission of guilt. But it would be highly unusual 18 years after a conviction.
UPDATE III: Jackie Byers, wife of the stepfather of one of the victims, tells the Commercial Appeal that she's happy about the plea deal, though she's sorry it will include some sort of admission by the three to something they didn't do. Steven Branch, father of one of the victims, is not happy about the apparent deal, however, and is telling TV stations in Memphis about it. He views the deal as releasing the defendants in return for admission of guilt. The proceeding isn't likely to unfold exactly that way.
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Comments (88)
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"One session will be conducted out of public presence with all defendants present and another session will be conducted in open court."
I'm under the impression that case law resulting from Shiras v. Britt mandated that all actions of the court were public and therefore open to the press, including discussions that happen in chambers. I haven't dealt with courts coverage in a long while, so anybody out there with more recent legal/journalism experience on this matter have some insights to share on whether I'm correct, incorrect, or in between?
Being made public, and being public at the time that they commence are two separate things.
The in-chambers "session" is likely an off-the-record meeting with the parties and attorneys related to what will take place in the public session...near certainty no official court action will be taken during the private session.
Haven't read the Nov. 4, 2010 Order at exhaustively, but it doesn't seem likely Judge Laser would order a new trial on the DNA issue without first holding a hearing. Is it possible, though, that he could find, without need for hearing, that the juror misconduct issue constitutes grounds for a new trial and make that ruling tomorrow?
Let the innocents go free!
I suspect HolyGuano has never spent a number of years in jail or on death row for a crime he did not commit.
I think the settlement money these guys are entitled to once freed, should be paid for out of a Dustin McDaniel case settlement. After all, he has decided how to spend freely the tax payers money for trials he has won. He should be forced to give the states next big plug to these guys for awful deeds of injustice. How would you like that ol McDaniel?
........after 18 years.......its hard to get your hopes up about anything........even the word.....earth-shaking developments and momentous! I will believe it when I see it!
Unfortunately Arkansas does not provide restitution for those it wrongly convicts/imprisons. I'll just be happy for them to get out...maybe there can be some sort of lawsuit filed later to at least reimburse the hundreds of thousands in legal fees and lab testing they've gone through trying to prove their innocence. I suspect HolyGuano is a non who will not believe they are innocent even if they have the real murderer in the courtroom swearing he did it with DNA to back up his claim. I'm hoping and praying for something EXCELLENT for the guys, their families, and the victims' families.
THIS IS RAD NEWS!!! My daughter (11) and I just watched the documentary again on TruTV and she was amazed herself and how stupid everything was and that Justice FAILED miserably. We are currently going thru MANY court dates, and justice is continuing to fail. Praying these men are FINALLY set free soon...
Lets all pray that this earth shaking development is freedom for Jason, Jessie, and Damien.
If the case is reversed it may serve to repudiate the idea
of blaming society’s problems on its victims
(I had difficulty writing that with a straight face).
“Hope is the thing with feathers
That perches in the soul.
And sings the tune
Without the words,
and never stops at all.”
Emily Dickinson
A reliable source tells me that Damien Echols and his belongings left Varner Super Max this morning.
Anti-Death Penalty
They all 3 should be released NOW...But you know Arkansas and most other states refuse to admit their mistakes and let men sit in prison or go to the death chamber just so they don't have to admit THEY WERE WRONG..Dustin...How can you sleep at night. Was it your Mother or your Father who taught you to NOT Care about your fellow man.
YESSSSS!!!!! This is an amazing thing that is happening, and I can't wait for the day that All three boys will be released.
"He came to Nazareth, where he had grown up,and went according to his custom into the synagogue on the sabbath day. He stood up to read and was handed a scroll of the prophet Isaiah. He unrolled the scroll and found the passage where it was written:
"The Spirit of the Lord is upon me,because he has anointed me to bring glad tidings to the poor. He has sent me to proclaim liberty to captives and recovery of sight to the blind, to let the oppressed go free, and to proclaim a year acceptable to the Lord.
"Rolling up the scroll, he handed it back to the attendant and sat down, and the eyes of all in the synagogue looked intently at him. He said to them, “Today this Scripture passage is fulfilled in your hearing.”"
Kudos to Brent and all with Arkansas Take Action for years of hard work. Here is hoping the group has much to celebrate come tomorrow afternoon!
EXONERATE THE WEST MEMPHIS THREE! EXONERATE THE WEST MEMPHIS THREE! mantra meditate bang a gong sing it play it send a noise towards the courts. Right the wrongs towards the 6 victims of this crime and their families.
Praise GOD..... his hands have been working through all of the supporters, lawyers, friends and family that have given love, money, support, prayers, and time. It is time Damien, Jason, and Jessie were released! Those young guys have suffered more than enough for their lifetime in the name "justice" based on ignorance and prejudice.
Come on, people. I would not be looking for any kind of legal decision that makes sense. This case was built on legal/political shennigans and it will, no doubt, end its days based on legal/political shennigans. The legal system, try as it might to inspire confidence, fails miserably most of the time, particularly in the area of criminal law. We have been asked to believe for 18 years that the state got the right men, that three hideous murders were carried out by 3 adolescent boys without leaving a trace of evidence, and that Satan had a whole lot to do with why so much was unexplainable. Can't wait til we hear the next batch of legal decisions explaining why they have to stay in prison for another 100 years OR, why they are being let out as soon as possible. Either way, it will be fascinating to hear how the lawyers/judges will explain their reasoning. I'm sure none of us will understand it. Only the very finest legal minds will be able to decipher it.
That said, I am certainly hoping they all walk free; but if that happens, one cannot help but wonder how such a deal gets made...and if I were one of the many innocent people in AR prisons right now, I would make it my business to find out.
I'm not religious but I'm praying right now that Justice will finally be done.
I've been affected by this case ever since I first saw the documentary some 8 years ago. My thoughts are with you Damien, Jason and Jessie.
Why August 19th?
What changed and when did it change?
What is different today from yesterday?
Who knew what when?
Did something new pop up today? Did someone new take over today? Did someone previously over the situation die, retire, find Jesus, die,......?
I guess some of my questions will be answered tomorrow.
My thoughts go out to all friends and family of all the victims.
This is fantastic news as I have followed the case from day 1 and believe in their innocence! Free the West Memphis 3!
If only 2 of the 3 are released tomorrow, my best guess would be Echols and Baldwin. Their trial is the one the has the juror misconduct issue before the court. Misskelley had a separate trial, and there is the matter of his confession...no matter how inaccurate it was.
Memphis news says 2 would be set free (after they plead guilty) then why did all of them collect their possessions? ALL THREE should be set free. We KNOW they didn't do this. I didn't believe it then and still don't. The investigation was a joke. People opening their mouths spewing verbal vomit for their 5 minutes of "fame". I pray for each of these young men and hope they are successful and their lives fulfilled. On another note... if these young men have to plead guilty just to get out... will that not close the case and the guilty person(s) never caught and tried... just another tragedy. The young boys whose lives were taken will never have justice if this is true. Just my humble opinion. :-)
this is troublesome. it is apparrent that these boys (men) did not receive a fair trial and could very well be innocent of these horrible crimes. for 2 of them to plead guilty, just to get out of jail is almost as disgusting as not giving them a fair trial.
if it is so apparent that their trials were so bad, then order new trials, set a bond and let the system work ... i just don't like them pleading guilty just to get out of jail. that's a huge cop out by, most specifically the prosectution.
i can understand the joy or the like becuase they are freed, but its okay to free admitted murderers becuase the trial that initially convicted them was unfair? that's wrong
WOW, stunned, amazed - THANKFUL that this gross miscarriage of justice may finally be properly adjudicated. Mara for Pulitzer!!! This is freaking AWESOME, and could begin to close one of the biggest and egregious public stains in history...
If they are about to plead guilty after finding out they were gonna get a new hearing, they probably DID do it. I hate to be Debbie Downer but lets look at it objectively.
That will suck to me if they have to plead guilty to get out of jail. That makes it where the state still won. They cannot profit from books or movie deals now if the plead guilty
yes joe, yes
if their tiral was tainted, or unfair, they get a new trial. IF THEY PLEAD GUILTY TO THIS HEINOUS CRIME, then they should spend the rest of their lives in jail PERIOD
i have struggled with the death penalty for years and have come to the conclusion it is wrong, but life without parole is not, in this case a miscarriage of justice IF THEY DID IT AND IF THEY ADMIT IT ....... ? time served!?!?!?!?!? that's the newest miscarriage in this
Surely they wouldn't plead guilty to crimes that they and their supporters have claimed they didn't commit just to get out of jail? I agree with Martin Balsam on this one - something is troublesome here. But then there's no telling what I might agree to after 18 years at Tucker. Why can't the state just do the right thing and allow for a new trial?
Cart way before horse. IF the story is true they will plead to "charges that would qualify them for release for time served" then are we sure they would be pleading to murder? But what other lesser charges would be appropriate for them to plead to? Lot of strange questions hanging. Given what seems to be coming down the pipe (new trial), it's hard to believe Echols would agree to admit guilt.
Several news sources are saying 2 of the 3 will go free. How can they can not release all 3?? And, John Brummet is tweeting that they will admit guilt. How can this be? If the DNA does not match, how can they be guilty? I just want these guys to get a fair deal in all this--justice has not been served and a murderer(s) has gone free.
Well, it's like this: you take a deal that gets you out of Varner Supermax right away. It's less than optimal, but it's a sure thing. Or, you get a new trial, and the enlightened people of Arkansas convict you again because they don't believe in things like "science" and are still caught up with the idea that you are a devil-worshiper. Because that's the choice these guys face right now.
This lets Arkansas get less of an official black eye for imprisoning the innocent, saves the state from one hell of a circus trial, and lets innocent people go free. Other than the fact that it's still a horrible miscarriage of justice, it's pretty win-win.
Wow, so confused. If they plead guilty, then they did it. Period. There's no "well, we pleaded guilty - but we're not REALLLLY guilty." This must mean that all this time, they were fooling people into thinking they were innocent.
As noted, a nolo plea is one of several ways to accept a conviction -- and the freedom it would bring in this case -- without admitting guilt.
They said that perhaps two of three would be released, but all are leaving with possessions? Maybe Misskelley and Baldwin will be released, and Echols moved from death row.
I saw that, but am confused because the language spoke of "they will admit guilt" and then go free with time served. Isn't that different than a nolo plea?
Defendants plead "guilty" or "nolo contendre" all the time to avoid being convicted of something (they either did or did not do) when the punishment if convicted is a hell of a lot worse than what they get for pleading. It's the way the legal system works. A plea does not always equal guilty.
This is the name of the 3 Children that suffered this horrible death and there families still suffer today. All we can focus on is sympathy for these 3 Convicts that confessed, I remember the details of what these boys went through.
The media has seem to have forgotten about the Children below. Very Sad.
James M. Moore, Steven E. Branch and Christopher M. Byers.
You don't know what you're talking about. Misskelley confessed due a combination of coercion, and being a dumb teen, borderline retarded. He later recanted. The other two proclaimed their innocence throughout. Innocent people have confessed to terrible crimes, this is a documented fact. The evidence in the case stands that these guys, at the very least, need a new trial.
Furthermore, it is more important to catch the real killers than let those who did not linger in jail. If you really care about justice for those children (who are dead but the media HAS NOT forgot) you would look hard into the evidence of the case now, not how the skewed and biased media presented it 20 years ago.
Yeah, my first reaction was similar to that of Gerree Natalee: If Echols was given the death penalty, how could he be released on the basis of time served? If only 2 of the 3 are released, I'm expecting Echols to be the odd man out (or "in," rather). That would still be a travesty of justice. And a tragedy of humankind.
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