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Post by brumsongs on Aug 18, 2011 19:08:13 GMT -6
www.commercialappeal.com/news/2011/aug/18/plea-deal-release-west-memphis-three/ ) Prosecutors and defense attorneys are working out a deal that could result in the release of the West Memphis Three murder defendants as early as Friday, according to legal sources and relatives of victims. "It's a high probability," said Jackie Byers, 44, wife of John Mark Byers, whose son was one of three 8-year-old boys found nude and hog-tied in 1993 in a watery ditch in West Memphis. "We've been asked not to say anything until after tomorrow." A source close to the case said the pending deal involves the immediate release of defendants Damien Echols, Jason Baldwin and Jessie Misskelley in return for pleas to lesser charges. All three were convicted of capital murder in 1994. Echols was sentenced to death, while Baldwin and Misskelley are serving life terms "This deal is going to make everybody happy," said a source who asked not to be identified because of a gag order barring parties to the case from discussing it. Byers said she, too, was told of the pleas. She said she's glad the three defendants will be released but is upset that they must plea to something she believes they didn't do. "This means they will never be proven innocent," said Byers, who, like many other followers of the case have been persuaded of the three's innocence by new evidence, including DNA evidence, uncovered in recent years. "All of that (new evidence) might go down the toilet and be lost forever." Recent DNA testing pointed a finger at a fourth, uncharged individual. The judge in the West Memphis Three triple murder case has scheduled a hearing for Friday in Jonesboro, Ark., in which all three defendants will be present. In scheduling a hearing for 10 a.m., Circuit Court Judge David Laser released this statement earlier this morning: “The court will take up certain matters pertaining to the cases of defendants Baldwin, Echols and Misskelley on Friday, August 19, 2011. 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 fifteen (15) minutes between the chamber session and open session for media and public to be seated.” More details as they develop online and in Friday's editions of The Commercial
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Post by rayozz on Aug 18, 2011 19:58:13 GMT -6
They have been in prison for nearly 20 years. Why plead to lesser charges when a full hearing is due in 4 months. A plea implies guilt, and there would be know compensation for time spent.
Don't know what I would do!
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Post by DeadElvis on Aug 18, 2011 20:09:06 GMT -6
They have been in prison for nearly 20 years. Why plead to lesser charges when a full hearing is due in 4 months. A plea implies guilt, and there would be know compensation for time spent. Don't know what I would do! yea, that's a tough one. However, with 1 facing DP and 2 with life, I'm sure the possibility of actually getting out of jail will be too tempting. If I were in that circumstance, I'd cop to pretty much anything.
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Post by rayozz on Aug 18, 2011 23:02:32 GMT -6
I find it weird that someone on death row, can admit to some form of involvement in the murders and then be released. Something is not quite right.
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Post by Deleted on Aug 19, 2011 1:30:09 GMT -6
It's not unheard of for defendants to take plea deals for time served, even when they claim innocence. It's probably that they don't want to take a risk.
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Post by Deleted on Aug 19, 2011 1:34:52 GMT -6
the story is that they were going to plead "no contest" which would prevent them from admitting guilt, but allow the state to save face.
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Post by kma367 on Aug 19, 2011 8:32:11 GMT -6
Yeah, but you've got to wonder why the defendants would take this deal. Additionally, part of the plea will include an acknowledgement/admission that there is sufficient evidence to convict them.
They have the evidentiary hearing scheduled in 4 months and defense attorneys and supporters have claimed that they would win re-trial. So, why take a plea to get out now?
kma367
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Post by Matt on Aug 19, 2011 9:40:35 GMT -6
I find it weird that someone on death row, can admit to some form of involvement in the murders and then be released. Something is not quite right. Agreed. I don't get that at all.
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Post by brumsongs on Aug 19, 2011 10:17:18 GMT -6
Yeah, but you've got to wonder why the defendants would take this deal. Additionally, part of the plea will include an acknowledgement/admission that there is sufficient evidence to convict them. They have the evidentiary hearing scheduled in 4 months and defense attorneys and supporters have claimed that they would win re-trial. So, why take a plea to get out now? kma367 Why would the state offer such a deal more like!
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:04:10 GMT -6
Hot off of the press!
Arkansas Judge Sets Free Three Men Convicted in Scouts' Deaths After 18 Years in Prison
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:04:54 GMT -6
There has got to be much more to this story.
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:13:58 GMT -6
The victim's families are not supportive (based on the news feed going on right now). The apparently was a prior private session before the public court hearing. I think the state's DNA evidence has become unreliable and the Memphis 3 are pleading without pleading and getting out today. The state apparently feels that 20 years is enough and they are willing to drop the whole thing if they agreed to this plea. I am sure there will be much more in the next few hours.
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:15:11 GMT -6
from Fox News JONESBORO, Ark. -- Three men convicted of killing three 8-year-old Cub Scouts and dumping their naked bodies in an Arkansas ditch have been allowed to change their pleas and will be freed after nearly two decades in prison. Damien Echols, Jason Baldwin and Jessie Misskelley pleaded guilty Friday. The so-called West Memphis Three agreed to a legal maneuver that lets them maintain their innocence while acknowledging prosecutors likely have enough evidence to convict them. Two of the victims in the 1993 killings were drowned, the third corpse was mutilated, sparking rumors they had been sacrificed in a Satanic ritual. Echols was sentenced to die; Baldwin and Misskelley received life terms. Misskelley initially confessed, but defense attorneys claim police took advantage of his low IQ. Read more: www.foxnews.com/us/2011/08/19/plea-deal-sets-imprisoned-men-free-in-13-memphis-3-murder-case/#ixzz1VUoXteFA
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Post by DeadElvis on Aug 19, 2011 11:43:34 GMT -6
I think that AR is just trying to cover it's butt after botching the whole case to start with. This case made me embarassed to admit growing up near that hole of a town.
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:47:32 GMT -6
It does seem that way. The state just drops and walks away.
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:48:27 GMT -6
West Memphis Three Given Time Served for MurdersUpdated: Friday, 19 Aug 2011, 12:34 PM CDT Published : Friday, 19 Aug 2011, 11:59 AM CDT JONESBORO, Ark. - Three men convicted of killing three 8-year-old Cub Scouts in Arkansas were set free after a hearing Friday, ending nearly two decades of prison time. Defendants Damien Wayne Echols, Charles Jason Baldwin and Jessie Lloyd Misskelly all pleaded guilty to the murders and were given time served for their charges, paving the way for their release. Under the conditions of the plea they are under a suspended sentence, meaning any crime committed over the next 10 years of probation would send them back to prison for 21 years. Despite the guilty pleas, all three defendants maintain their innocence but acknowledge that sufficient evidence exists to prosecute them. Their case and cause were taken up by celebrities following a pair of documentaries, and are known collectively as the "West Memphis 3." They were convicted in 1994 of killing Steve Branch, Christopher Byers and Michael Moore and leaving their naked bodies in a West Memphis ditch. Byers' adoptive father, John Mark Byers, said he believes Echols, Baldwin and Misskelley are innocent. "There's certainly no justice for the three men that's been in prison or my son and his two friends," Byers said. "To me, this is just a cop-out from the state for not wanting to admit that they made a mistake." At a press conference following Friday's hearings, Prosecutor Scott Ellington said "I believe this case is closed and there are no other individuals involved." Addressing the media as free men for the first time in over 18 years, Echols stated that the deal "was not perfect," but it brought closure in some ways. Baldwin expressed obvious dismay over the deal, saying he did not want to take the plea "but they were trying to kill Damien." Echols responded by saying he wanted to recognize that while Baldwin wanted to continue to fight the case in court, he knew Baldwin took the deal "entirely for me... thank you." www.myfoxmemphis.com/dpp/news/west-memphis-three-given-time-served-for-murders-mfo-20110819
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Post by SubSurfCPO(ret) on Aug 19, 2011 11:50:00 GMT -6
This last part of the above story is interesting as well...
Addressing the media as free men for the first time in over 18 years, Echols stated that the deal "was not perfect," but it brought closure in some ways. Baldwin expressed obvious dismay over the deal, saying he did not want to take the plea "but they were trying to kill Damien." Echols responded by saying he wanted to recognize that while Baldwin wanted to continue to fight the case in court, he knew Baldwin took the deal "entirely for me... thank you."
So, one of the guys takes the deal to get his friend off of DR.
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Post by DeadElvis on Aug 19, 2011 12:07:25 GMT -6
This last part of the above story is interesting as well... Addressing the media as free men for the first time in over 18 years, Echols stated that the deal "was not perfect," but it brought closure in some ways. Baldwin expressed obvious dismay over the deal, saying he did not want to take the plea "but they were trying to kill Damien." Echols responded by saying he wanted to recognize that while Baldwin wanted to continue to fight the case in court, he knew Baldwin took the deal "entirely for me... thank you."So, one of the guys takes the deal to get his friend off of DR. Heck, who wouldn't take the deal? 20 years in jail would be more than enough to convience me to cop to anything to get out. It would be interesting to know the reasons behind the deal offer in the first place. You have to admit, this isn't common for those convicted of murder. I suspect that AR was scared of a retrial and tried to cut their losses before facing a bigger loss. This is what happens when country bumkins get their hands on a "big city" crime.
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Post by SubSurfCPO(ret) on Aug 19, 2011 12:11:59 GMT -6
...and supporters with money. Look at the celebrity list these guys had. Arkansas figured to get out while they could and with what they could. I caught part of the press conference and I believe the comments from the state official on hand. He was very quick and got out of there before the questions could start.
I am sure there will be more, much more in the coming days. The celebrities will want to make sure the truth gets out. Please note I said truth not facts.
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Post by Deleted on Aug 19, 2011 14:17:24 GMT -6
you have to imagine they'll seek pardons..
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Post by Rev. Agave on Aug 19, 2011 14:30:59 GMT -6
This is disgusting. But that's what we risk when we wait almost 20 years to juice the scum. I have a feeling his ass would have been toast in Texas.
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Post by DeadElvis on Aug 19, 2011 15:51:27 GMT -6
This is disgusting. But that's what we risk when we wait almost 20 years to juice the scum. I have a feeling his ass would have been toast in Texas. If this had happened anywhere else other than kooktown, usa, there would not have even been a trial. The AR keystone-kops and the satan-hatin' prosecution steamrolled the jury into convictions. Celebrities cannot force a state to let folks convicted of murder go free only idiocy and incompetence on the part of the state can do that. That said, I am honestly surprised that this is happening.
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Post by Deleted on Aug 19, 2011 15:57:47 GMT -6
This is quite a shock-This is the last thing i thought would happen..
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Post by Rev. Agave on Aug 19, 2011 17:59:34 GMT -6
The bottom line:
"I have no reason to believe that anyone else was involved in these murders except the three who plead guilty today." ~ Scott Ellington, District Attorney for the Second Judicial District of Arkansas
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Post by Rev. Agave on Aug 19, 2011 18:07:51 GMT -6
I'm guessing the panties are moistening over at PTO today?
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Post by kma367 on Aug 19, 2011 20:23:36 GMT -6
The puzzling thing is that the defense went to the prosecution and asked for the deal. My feeling is that something inculpatory was found in the recent DNA testing and the defense wanted cut a deal before it had to disclose that to the prosecution. That's the only explanation given that these three are allegedly innocent and have the exculpatory evidence to get a new trial.
Under the terms of the deal, they remain convicted felons and will serve 10 years probation.
kma367
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Post by rayozz on Aug 19, 2011 21:00:06 GMT -6
The DA Ellingtonsaid: "Ellington has said it would have been "practically impossible" to try the men again almost 20 years after the killings."
It suggests to me that Ellington thought that there may be a retrial and he might lose.
A retrial would cost millions and probably involve a couple of years to complete. This was probably the best solution for Arkansas.
Unfortunately it is not particularly satisfactory for the victims and their families, and the accused who will still carry the stigma of being child murderers.
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Post by Deleted on Aug 20, 2011 0:42:35 GMT -6
what reason do pam hobbs and mark byers have to protest their innocence?
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Post by rayozz on Aug 20, 2011 2:11:02 GMT -6
what reason do pam hobbs and mark byers have to protest their innocence? Don't really know. Terry Hoobs' DNA inMichael Moore's shoelace perhaps. Pam Hobbs is the mother of Stevie Branch and her husband was Terry Hobbs, the stepfather of Stevie. Steven Branch Snr., Stevies actual father was the person kicked out of the hearing this morning. At some stage Pam suggested that Terry Hobbs may have been involved, and Mark Byers has been accusing Terry since late 2007. Byers rants and raves and may even look for where the next dollar is coming from. KMA our Member of the Month, is a bit of an expert on this case. I'm sure she will answer your question.
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Post by DeadElvis on Aug 20, 2011 6:26:18 GMT -6
The DA Ellingtonsaid: "Ellington has said it would have been "practically impossible" to try the men again almost 20 years after the killings." It suggests to me that Ellington thought that there may be a retrial and he might lose. A retrial would cost millions and probably involve a couple of years to complete. This was probably the best solution for Arkansas. Unfortunately it is not particularly satisfactory for the victims and their families, and the accused who will still carry the stigma of being child murderers. If the witchcraft motive as was solid as the prosecution claims, why wouldn't it work again with a new batch of rubes? I'm honestly surprised that they are NOT going to have another witch trial. I have trouble believing that AR would let a convicted murderer walk out of DR simply because it would cost a lot of money to retry him. In this case, the state didn't have enough evidence to even have a trial much less convict someone to DR and 2 others to life. AR should have done this 18 years ago after the first witchcraft trial. Great job, AR! Morons. <EDIT to add NOT to a sentence>
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