West Memphis 3

[YouAre_GivenToFly]

If you're familiar with the case, today is a big day.

http://en.wikipedia.org/wiki/West_Memphis_Three

Rumor is that they will be freed under what sounds like an Alford plea deal (assert innocence, admit evidence exists). Seems weird considering all the evidence points to the fact that they were not involved.

[ALady]

Really curious to see how this plays out.  You can watch the live feed from the courtroom here:

http://www.wmctv.com/category/196691/action-news-5-live-video-coverage

[Tracy 2112]

I was hoping at some point there would be enough pressure (and common sense) to set these guys free; maybe this is it.

[el_chode]

Prosecutorial pride sometimes gets in the way, or it may be an effort to avoid ethics charges

[YouAre_GivenToFly]

Prosecutorial pride sometimes gets in the way, or it may be an effort to avoid ethics charges

From what I've read and heard today it sounds like it was the prosecutor's way to keep the guilty verdicts intact, free Arkansas from any potential lawsuits, and let the WM3 go with time served. I guess it is another reminder of how messy, dirty, and flawed the legal system can be.

[el_chode]

Freed!

[sweatboard]

 Interesting, I really got into this case for a while.  I read the transcripts, message boards and everything.  I'm not so sure they aren't guilty.  The legal system just went way out of bounds in order to convict them.   So at the very least the conviction should have been overturned.   

[ALady]

Alford pleas are...interesting.

http://en.wikipedia.org/wiki/Alford_plea

I feel very unsettled about this result.  I'm thrilled that they're free, though I'm worried for their safety and sanity after seeing how terrified they looked at the presser.

[YouAre_GivenToFly]

The Alford plea is kind of a weird option for this case. Considering it was offered to the defendants under duress ("take this plea or stay in jail/be killed), how would it stand up legally? Plus, since the Alford plea essential identifies the WM3 as the guilty parties, the prosecutor has no incentive or reason to further investigate the matter.

I personally would have been happy to see a new trail granted, and them be found not guilty. But after 18 years in prison I'm sure they're happy to walk out right now.

[sweatboard]

yeah, a new trial would have been good.  The first trial was a great example of how the legal system is not supposed to work.  Again though, I'm not so sure they wouldn't be found guilty a second time, but atleast they would get a trial that was fair and made sense. 

[YouAre_GivenToFly]

yeah, a new trial would have been good.  The first trial was a great example of how the legal system is not supposed to work.  Again though, I'm not so sure they wouldn't be found guilty a second time, but atleast they would get a trial that was fair and made sense.

I personally think a guilty verdict would be highly unlikely. Juries are different than they were 18 years ago, because of the "CSI effect". Juries want hard DNA evidence, or eyewitness testimony, or video proof, or anything physical that directly ties the defendant(s) to the crime or crime scene. There is absolutely none of that in this case.

Fantastic review of their possible options at this point here:

http://www.litigationandtrial.com/2011/08/articles/attorney/civil-rights-1/west-memphis-three-wrongful-imprisonment/

[mjk73]

Apparently I've been living in a black hole as I've never heard of this case?

In reading the Alfred Plea definition, sounds like legal trickery.

[ALady]

The Alford plea is kind of a weird option for this case. Considering it was offered to the defendants under duress ("take this plea or stay in jail/be killed), how would it stand up legally? Plus, since the Alford plea essential identifies the WM3 as the guilty parties, the prosecutor has no incentive or reason to further investigate the matter.

I'm not a criminal law expert but I'd guess that's not duress since they'd already been convicted and sentenced.  I think they probably saw it as the best way to bring things to an end - in the press conference it was incredibly touching how Jason said he didn't want to take the plea and wanted to keep fighting, but he knew they were going to kill his friend (Echols) if he didn't. 

I need to read more into what, if anything, the state can or will do at this point to try to actually solve the case.

[dragonboy]

I never thought i'd see the day  :'(

[YouAre_GivenToFly]

The Alford plea is kind of a weird option for this case. Considering it was offered to the defendants under duress ("take this plea or stay in jail/be killed), how would it stand up legally? Plus, since the Alford plea essential identifies the WM3 as the guilty parties, the prosecutor has no incentive or reason to further investigate the matter.

I'm not a criminal law expert but I'd guess that's not duress since they'd already been convicted and sentenced.  I think they probably saw it as the best way to bring things to an end - in the press conference it was incredibly touching how Jason said he didn't want to take the plea and wanted to keep fighting, but he knew they were going to kill his friend (Echols) if he didn't. 

I need to read more into what, if anything, the state can or will do at this point to try to actually solve the case.

I believe the prosecutor stated today that he has no further plans to investigate the crimes, views the original verdicts as correct and standing, and considers the case closed.

[dragonboy]

Learning more...this is fucked up.

[dragonboy]

& then when you hear the conditions of the plea (check out the 10.20 Miday Coverage clip, from 8.19 - "we have removed the question of them filing a civil suit against the state")

http://www.katv.com/story/15292990/wm3-walk-free-after-plea-bargain?redirected=true

Man, that's fucked up.

[el_chode]

I'm about a mouse fart away from being a prosecutor (just waiting on the final word). The office I'm at has made it clear this is the opposite of how we're supposed to work. I'm going to ask around to find out more.

[Clarkwork]

I still have an original tshirt from the Paradise Lost movie.  It was a great film, and they are currently filming and about to release part 3.  They are reshooting the ending to go with this release. 

Just cant think of how bad I would feel if this were my son in prison for something he did not do.

But also feel bad for the parents of the 3 kids originally killed.  Hope justice is one day finally served.