Wednesday, November 21, 2012

The West Memphis Three

As part of my persuasive speech, I mention the wrongful conviction of three West Memphis, Arkansas teenagers: Jessie Misskelley, Jason Baldwin, and Damien Echols. These three, nicknamed the West Memphis Three after several movies following their trials were released (Paradise Lost: The Child Murders at Robin Hood Hills), were convicted of the murder and mutilation of three fourth grade boys: Stevie Branch, Michael Moore, and Christopher Byers.

The Defendants
The Murder Victims

Throughout the trial, there was absolutely no trace evidence of any kind that would link these three to the murders. The main piece of "evidence" that was used in their conviction was a coerced confession by Jessie Misskelley, a boy of sixteen at the time whose IQ (72) was only points away from being deemed not "intellectually functioning." After being locked in a interrogation room for nearly twelve hours (only an hour of which was recorded), he gave a statement incriminating Jason and Damien in the murders.

This coerced confession, along with the fact that Damien and his friends listened to Metallica, looked as though they were part of "cult," and owned books on the Wiccan religion, were the primary "evidence" used to convict.

Their sentences?

Jason Baldwin:      Life without parole.
Jessie Misskelley:  Life plus 40 years.
Damien Echols:    Death.

After 18 years and 78 days of imprisonment, and exhausting all of their appeals, the three were given a document from the state of Arkansas saying that if they plead guilty, the state would bargain down their sentence to the exact amount of time already served and all three would be able to walk away--though their records would not be expunged and they would never be exonerated. Jason held back on the deal, because he knew it would keep him from ever being seen as innocent, but because Damien was on death row, the three decided to take the deal.

The result? They used the Alford Plea. The state firmly believes there was enough evidence to convict, but allowed the three to still "assert their innocence." However, since they will never be exonerated, it is the same thing as if they would have plead guilty. In addition, the West Memphis Three's plea bargain means they can never sue the state of Arkansas for wrongful imprisonment/conviction.

WM3 Released August 2011

So although Jason, Jessie, and Damien were able to get released from prison in August 2011...who really won this case?

Feel free to click "Comment" below and leave your thoughts on the case. Interested in the West Memphis Three? Take a look at the "Paradise Lost" movie series, which followed their original case, appeals, and finally their release. Damien Echols has also written several novels about his conviction and time in prison which would be interesting reads.

Information From:
Free the West Memphis 3
Loyola of Los Angeles Law Review - West Memphis Three and the Alford Plea
West Memphis Three - Wiki

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