Two of three WM3 to be freed tomorrow

pjcord

Eddie should be in a good mood as we approach Alpine, although it's a bit bittersweet with how it has to happen (admission of guilt) ...

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WREG-TV has learned an agreement has been reached to release two of the West Memphis 3.

Multiple sources, including the father of one of the victims, have confirmed this will be announced at a special hearing Friday. That hearing is scheduled to be held in Jonesboro, AR.

All three will admit guilt to the crime and two will be released with time served.

Steve Branch, the father of one of the victims tells us Damien Echols will be one of the men released.

Damien Echols was sentenced to death, Jessie Misskelley, Jr. was sentenced to life imprisonment plus two 20-year sentences, and Jason Baldwin was sentenced to life imprisonment.

Stevie Branch, Michael Moore, and Christopher Byers were found murdered and mutilated in a wooded area in West Memphis, Arkansas in May 1993.

Recent tests on DNA evidence, including material from the crime scene, was found to not be a match to the defendants.

Many say Echols, Baldwin and Misskelley were wrongly convicted because police needed a quick solution to the case.

Numerous celebrities have taken up the WM3 cause over the years.

krymsin

This is from the WM3 blog:

http://wm3org.typepad.com/blog/2011/08/ ... w-wm3.html

BREAKING: Surprise West Memphis 3 hearing tomorrow #wm3

Posted by Max Brantley on Thu, Aug 18, 2011 at 10:40 AM

Big news is expected in circuit court in Jonesboro when Judge David Laser holds a hearing Friday morning — 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.

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 on the case 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 for reporting on the case.

benjs

I apologize if this is a dumb question with an obvious answer that I'm just missing, but is this a confession? "All three will admit guilt to the crime and two will be released with time served."

capthowdy1027

benjs wrote:

I apologize if this is a dumb question with an obvious answer that I'm just missing, but is this a confession? "All three will admit guilt to the crime and two will be released with time served."

I'm confused by this as well. Why are they admitting they are guilty and still being released?

tremors

benjs wrote:

I apologize if this is a dumb question with an obvious answer that I'm just missing, but is this a confession? "All three will admit guilt to the crime and two will be released with time served."

Sounds strange indeed. Maybe we should wait for what comes out of tomorrow.

pjcord

"Credit for time served" is why they can admit guilt and be released. Legal term. As part of the deal they arranged the judge will rule that 18 years in prison is enough time served for the crime they are admitting they committed. As I said, bittersweet.

butte1

With all due respect, I agree that the trial and the investigation were an absolute atrocity. But on the other hand, these guys are hardly salt of the earth individuals and if I were a betting man, I would bet all of them will be back in prison within five years for some other crime they commit where the trial and investigation are done properly. Just a hunch, sorry to be a downer......

Cool Face Ryan

yeah ill wait on more information because this is still confusing to me. Why would they have to admit guilt to be released (???) if there is no evidence (DNA evidence) that they were the ones who committed the crime?

capthowdy1027

I've been a WM3 supporter for years but it's going to be hard to stomach a release with them saying that they did do it.

benjs

pjcord wrote:

"Credit for time served" is why they can admit guilt and be released. Legal term. As part of the deal they arranged the judge will rule that 18 years in prison is enough time served for the crime they are admitting they committed. As I said, bittersweet.

Thanks... I figured it had something to do with legalese. If these men are innocent and will live with the brand of murderers for the rest of their lives, I'd hardly call that freedom, and this will continue to be a tremendous failure of the legal system. This is likely because some very arrogant people can't bear to face the fact that they have taken the easy route out, and three boys lost a good fraction of their lives, and the remainder of their lives will never be rid of that brand.

Cool Face Ryan

capthowdy1027 wrote:

I've been a WM3 supporter for years but it's going to be hard to stomach a release with them saying that they did do it.

If they do, but yeah thats gonna be a hard one to swallow

AmishGuy91

Hmmm...this doesn't make sense. They continue to state their innocence and remain in jail...or admit their guilt and get released? Me thinks this isn't the story we'll see tomorrow.

Empty Glass

AmishGuy91 wrote:

Hmmm...this doesn't make sense. They continue to state their innocence and remain in jail...or admit their guilt and get released? Me thinks this isn't the story we'll see tomorrow.

Agreed. Or is this the way the State can say "case closed"? Will read more tomorrow.

benjs

AmishGuy91 wrote:

Hmmm...this doesn't make sense. They continue to state their innocence and remain in jail...or admit their guilt and get released? Me thinks this isn't the story we'll see tomorrow.

The sad thing is, the people who might have made big mistakes are the ones with the power... Unfortunately, this makes perfect sense to me. Keep the powerful people powerful by showing the world they didn't make mistakes, but get the boys out of prison because deep down, they know they were innocent. If they get released tomorrow, in my opinion, this will remain as fucked up and corrupt as it started.

dimitrispearljam

Empty Glass wrote:

Or is this the way the State can say "case closed"? .

seems that way

Cradles Broken Glass

Local news is saying that two of the three will be released after admitting guilt and being granted time served. I'm from Jonesboro, I really wish I could be there. If I can figure out a way to leave work for a little while....

lukin3

?

EquallyWorthless

pjcord wrote:

"Credit for time served" is why they can admit guilt and be released. Legal term. As part of the deal they arranged the judge will rule that 18 years in prison is enough time served for the crime they are admitting they committed. As I said, bittersweet.

It also means that they can never, ever be charged for this crime again, meaning if, for whatever reason, something goes south in the next few years, they cant be held (wrongly?) accountable again.

Vedder4Prez

Damien's first PJ show will be one hell of a show 15 days after his release. Going to be very emotional for Eddie if Damien is in attendance!

EquallyWorthless

It isn't really bad that they are "admitting guilt" for the reasons stated in this particular case, I would almost be willing to bet that it was their legal team who suggested it.

dimitrispearljam

EquallyWorthless wrote:

pjcord wrote:

"Credit for time served" is why they can admit guilt and be released. Legal term. As part of the deal they arranged the judge will rule that 18 years in prison is enough time served for the crime they are admitting they committed. As I said, bittersweet.

It also means that they can never, ever be charged for this crime again, meaning if, for whatever reason, something goes south in the next few years, they cant be held (wrongly?) accountable again.

that explains alot