Things haven't changed much in the 18 years since Bennie David Guy walked the streets of Earle, Arkansas as a free man. But, soon the now 53-year-old Guy may get that chance as he awaits parole after serving less than half of a 40 year sentence for a crime DNA evidence indicated he didn't commit, the rape of an 11-year-old girl at a motel in 1995. That evidence was available to Crittenden County prosecutors and his defense attorney just two months after he went to prison.
"I get to looking at the evidence that's in the writ and the DNA evidence says he didn't commit the rape. His semen was not found in the victim. That it's someone...It's someone else's," said Project Innocence attorney Phillip Allen in 2008.
Bennie's brother Bobby also believes him innocent, "They sent a letter said the girl lied about it. Said it been on her conscience for so long she wanted to get it off her conscience."
Now the man wrongly convicted, in some ironic twist of fate, finds himself as among the accusers in the infamous West Memphis Three case. It's Guy's years old sworn affidavit which could become the crux of a new case implicating Terry Hobbs, David Jacoby, Buddy Lucas and the deceased L.G. Hollingsworth as the alleged perpetrators in the murders of three West Memphis children in 1993. In his statement culled from once living with Lucas and a jailhouse confession from Hollingsworth, Guy describes an orgy of sex and drugs led to the heinous killings when the three eight-year-old victims stumbled onto the scene. Attorneys representing two of the victims parents, Pam Hicks and Mark Byers, accused prosecutors of withholding the statements of Guy and others.
"These people have been trying to come forward. They've fought to come forth for over 20 years and these people were not heard," says Danny Owens, legal assistant for Pam Hicks' attorney.
But, that type of frustration is familiar to Bobby Guy, whose been trying to seek justice for his brother originally sentenced as an habitual offender.
"The time that you lost behind bars. What in the world is a man gonna do? You or anybody here watching this right now. You take 20 years out of their life....What have you lost? You've lost everything," says Bobby.
Bobby Guy says he doesn't know enough to comment on his brother's entry into the West Memphis Three case. But, he has choice words for Crittenden County prosecutors who were determined to put Bennie Guy behind bars.
"If there's stuff that shoulda been done...wasn't done. They need to see who done that and they need to be out of office. If they can't handle that theory...get 'em out!"