Deal May Free West Memphis 3 "men would not admit guilt":NYT
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http://www.nytimes.com/2011/08/20/us/20arkansas.html
By CAMPBELL ROBERTSON
Published: August 19, 2011
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.
By CAMPBELL ROBERTSON
Published: August 19, 2011
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.
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