West Memphis Three Released, Given Time Served for Murders

Echols, Misskelley, Baldwin Set Free

Updated: Friday, 19 Aug 2011, 6:26 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 Misskelley 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 - a legal maneuver called the Alford plea.

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."

"I am innocent of these charges but I am entering an Alford guilty plea," Echols told the judge. Baldwin and Miskelley also reasserted their innocence.

"Although I am innocent, this plea is in my best interest," Misskelley said. After the hearings, Baldwin told reporters that he had been reluctant to plead guilty to crimes he maintains he didn't commit, but that they agreed to the deal because they had to get Echols off death row.

"That's not justice, however you look at it," he said.

Echols thanked Baldwin and called his release "overwhelming."

"It's not perfect," he said of the deal. "It's not perfect by any means. But it at least brings closure to some areas and some aspects."

He said the West Memphis Three would continue to work to clear their names. Circuit Judge David Laser acknowledged the case was complex, and that both the victims' families and the supporters of the three men convicted had suffered. He said he thought Friday's deal would serve justice "the best we can."

"I don't think it will make the pain go away," Laser said during the court proceedings.

Below is a written transcript of the ruling, as announced by Scott Ellington, District Prosecuting Attorney:

Some are happy, some are angry, and others are perplexed. Such is the case at the conclusion of every trial. This one is no different.

Just moments ago Damien Echols, Jason Baldwin and Jessie Misskelley Jr. pled guilty to the murders of Stevie Branch, Christopher Byers and Michael Moore.
Echols and Baldwin stand convicted of three counts of Murder in the First Degree. Misskelley stands convicted of one count of First Degree Murder, and two counts of Murder in the Second Degree, thereby affirming the verdicts the two juries handed down seventeen years ago.

A 2010 Arkansas Supreme Court ruling brought to light the very real scenario that each of the defendants could likely receive a new trial. I believe that allegations of misconduct on behalf of a juror in the Echols-Baldwin trial would likely result in a new trial being ordered either by the circuit court or federal court. I further believe it would be practically impossible to put on a proper case against the defendants in this particular case after eighteen years of extended litigation. Even if the State were to prevail in a new trial, sentences could be different and the appeals process would begin all over again.

Since the original convictions, two of the victims' families have joined forces with the defense, publically proclaiming the innocence of the defendants. The mother of a witness who testified about Echols's confession has publicly questioned her daughter's truthfulness, and the State Crime Lab employee who collected fiber evidence at the Echols and Baldwin homes after their arrests has died.
In light of these circumstances I decided to entertain plea offers that were being proposed by the defense. I NEVER considered ANY arrangement that would negate the verdicts of those two juries. Guilt or Innocence was NEVER ON THE TABLE.

Today's proceeding allows the defendants the freedom of speech to SAY they are innocent, but the FACT is, they just plead GUILTY. I strongly believe that the interests of justice have been served today.

On behalf of the State I have preserved the verdicts of those juries and averted more prolonged and costly trials and appeals in this case.

The legal tangle that has become known as the West Memphis Three case is finished.

I have spoken with members of the victims families and I can tell you they are still suffering the loss of their little boys. Neither this nor any other proceeding can bring those children back.

As part of the plea and sentence negotiation the defendants were sentenced to a period of 18 years with credit for time served. Those sentences will be followed by 10 years SIS or Suspended Imposition of Sentence.
These defendants have spent roughly half of their lives in prison. I pray that during this time they have been rehabilitated.

The defendants are now at liberty and will remain at liberty so long as they do not violate the terms and conditions of the Suspended Imposition of Sentence agreement. ANY violation of these terms WILL RESULT in an additional 21 years of prison.

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