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'West Memphis Three' -- Convicted Of Killing Boy Scouts -- Free After Serving 17 Years In Prison

West Memphis Three Freed

First Posted: 08/19/11 02:08 PM ET Updated: 10/19/11 06:12 AM ET

After serving 17 years behind bars for the brutal murder of three children in eastern Arkansas, Damien Echols, Jessie Misskelley Jr. and Jason Baldwin -- dubbed the "West Memphis Three" -- have been released from prison.

"They will be free men ... on suspended sentence,” prosecuting Attorney Scott Ellington told reporters during a Friday press conference.

"Only time will tell as to whether this was the right decision."

All three men had been imprisoned since 1994, when they were convicted of killing three 8-year-old boys: Stevie Branch, Michael Moore and Christopher Byers.

Prosecutors alleged the trio killed the children in Robin Hood Hills on the morning of May 6, 1993, as part of a satanic ritual. According to police, the boys' bodies were mutilated and left in a ditch. Each had been hogtied with his own shoelaces.

At the time of their arrests, Baldwin was 16. Misskelley was 17, and Echols was 18.

Echols was sentenced to death, Misskelley was sentenced to life imprisonment plus 40 years, and Baldwin was sentenced to life.

DNA testing was not available at the time of the defendants' trials. In 2007, it was found that DNA collected at the crime scene did not match that belonging to any of the three men. In November 2010, the state Supreme Court ruled that all three could present new evidence in court.

A new court date had been set for December, but on Thursday Judge David Laser ordered all three men transported to Jonesboro for today's surprise hearing. In a brief statement released to the press, Laser only said that the hearing was to "take up certain matters pertaining to the cases" of the three defendants.

Experts believe both sides have entered into a complex legal agreement, in which the three men have entered into so-called Alford pleas.

"The plea means that you maintain your innocence but you believe there is a substantial likelihood that a jury will find you guilty so you are pleading guilty per State v. Alford," Anne Bremner, a Seattle attorney and legal analyst, told The Huffington Post. "The effect of the corresponding finding of guilt by the court is the same as with a straight guilty plea."

Such pleas could make it more difficult for the men to sue the state over their imprisonment.

"It's not perfect," Echols said in a press conference following the hearing. "It's not perfect by any means but at least it brings closure to some areas and some aspects."

Echols added that he was "still very much in shock [and] still overwhelmed."

"We can still bring up new evidence; we can still continue the investigations we [have] been doing," said Echols. "We can still try to clear our names. The only difference is now we can do it from the outside instead of having to sit in prison and do it."

After fighting for so many years, Echols said it wasn’t difficult for him to come to the decision to agree to the plea deal.

But Baldwin said he only took the deal to rescue Echols from death row.

"This was not justice," Baldwin said. "In the beginning we told nothing but the truth -- that we were innocent and they sent us to prison for the rest of our lives for it. We had to come here and the only thing the state would do for us is say, 'Hey we will let you go only if you admit guilt,' and that is not justice anyway you look it. They’re not out there trying to find who really murdered those boys, and I did not want to take the deal from the get-go. However, they are trying to kill Damien, and sometimes you just got to bite the gun to save somebody."

When sharing his opinion on the pleas with reporters outside the courtroom this morning. John Mark Byers, the father of one of the children killed in 1993, said he believes Echols, Baldwin and Misskelley are innocent, adding that he is angry with the way the pleas are being handled.

"This is not right, and the people of Arkansas need to stand up and raise hell. ... Just because they admit to this today, it's not over," Byers said.

Since their incarceration, the trio has been the subject of three documentaries, one of which is scheduled to be released in November. The men have also had a long list of celebrity supporters, including the Dixie Chicks, Eddie Vedder, Johnny Depp and Metallica.

Loading Slideshow...
  • Pam Hicks

    Pam Hicks, mother of victim Steve Branch, says she is desperate for closure. "I am asking for everything. Everything I can get, use and know so that an investigation allows for the right person to pay for this crime." she said.

  • Craighead County Court House

    Women hold a sign at the Craighead County Court House in Jonesboro, Ark., on Friday, Aug. 19, 2011, proclaiming innocence of three Arkansas men convicted in the 1993 deaths of three West Memphis, Ark., children. (AP Photo/Danny Johnston)

  • West Memphis Three

    Jason Baldwin, left, Damien Echols, center and Jessie Misskelley, Jr., right, served nearly two decades in prison for the 1993 deaths of three West Memphis, Ark., children.

  • Supporters of the "West Memphis Three"

    In this Saturday, Aug. 28, 2010, file picture, singer Eddie Vedder, left, Lori Davis, the wife of Damien Echols, center, and singer Natalie Maines, right, participate in a news conference before the "Voices for Justice" concert in Little Rock, Ark. (AP Photo/Brian Chilson, File)

  • Damien Echols

    In this Feb. 18, 2010 file photo, Damien Echols is interviewed in the visiting area of the Arkansas Department of Correction Varner Unit prison in Varner, Ark. (AP Photo/Danny Johnston, File)

  • Pamela Echols

    Pamela Echols, mother of Damien Echols, arrives at the Craighead County Court House in Jonesboro, Ark., for a hearing Friday, Aug. 19, 2011. (AP Photo/Danny Johnston)

  • John Mark Byers

    John Mark Byers, the father of Christopher Byers, a one of the three children killed in 1993, proclaimed the innocence of three men convicted in the case outside of the Craighead County Court House in Jonesboro, Ark., Friday, Aug. 19, 2011. (AP Photo/Danny Johnston)

WATCH:

This report has been updated to include comments from Damien Echols and Jason Baldwin that occurred after the original publication.
FOLLOW HUFFPOST CRIME

After serving 17 years behind bars for the brutal murder of three children in eastern Arkansas, Damien Echols, Jessie Misskelley Jr. and Jason Baldwin -- dubbed the "West Memphis Three" -- have been r...
After serving 17 years behind bars for the brutal murder of three children in eastern Arkansas, Damien Echols, Jessie Misskelley Jr. and Jason Baldwin -- dubbed the "West Memphis Three" -- have been r...
 
 
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07:46 AM on 10/08/2011
Where WERE around the time of the killing,did they have alibi's? Was the fact that one boy was castrated ,leaked to the news,or the fact that one had on a uniform?The little boys were in Robin Hood Hills park,they love the woods,building fortresses etc. They also love The Three Musketeers and the all for one,and one for all.If one little boy did ran away he would feel obligated to turn back and help his pals.,I'm sure the others would scream something go get my dad,uncle etc.to try and save one of them.How could one person CONTAIN three little boys? They WOULD jump on ,bite ,kick one boy/man to get away.
11:18 PM on 09/10/2011
There's a lot of evidence showing they were guilty. Misskelley confessed three times, the third time in front of his lawyers, implicating both Echols and Baldwin and describing the crime in detail. The transcript is at http://callahan.8k.com/wm3/jmfeb.html
09:37 AM on 10/17/2011
You need to read about this case more. Jesse (IQ of 72) was interrogated for hours before his so-called "confession." Then only the last 45 minutes was recorded where he said what he was coached to say by the cops. This was an obvious case of false confession. Jesse said many erroneous things about the crime scene (rope instead of shoelaces, wrong time of day). This case was a horrible miscarriage of justice and I am just glad Damien wasn't executed before he could be freed. I am just p.o.'ed that they weren't exonerated completely and had to admit there was enough evidence, because there simply WAS NOT.
09:05 PM on 10/17/2011
Misskelley was only questioned on and off for four and a half hours before his first confession, and two and a half hours before his second one. Many of the details of his confession he could only have known if he was there. He later claimed he made a mistake on the rope on purpose, to throw the police off.

Jessie Misskelley’s 6/3/93 confession: myths and facts
http://wm3truth.com/jessie-misskelleys-confession-myths-and-facts/

Misskelley’s Voluntary Third Confession Transcript - http://callahan.8k.com/wm3/jmfeb.html
He describes the crimes in detail in front of his lawyer, implicating Echols and Baldwin.

before being arrested:

Misskelley confession to Kim Floresca
http://wm3.wikia.com/wiki/Kim_Floresca

Misskelley confession to Buddy Lucas
http://wm3truth.com/jessie-misskelleys-confession-to-buddy-lucas-may-6-1993/
http://callahan.8k.com/wm3/b_lucas_interview.html
09:32 PM on 09/04/2011
I am still in a state of disbelief...glad to see the WM3 out and free, but wish they could have got a new, fair trial.
07:09 PM on 09/22/2011
As I wished Troy Davis had a new and fair trial.. Talk about disbelief
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Cori Hingst
09:23 AM on 09/04/2011
After reading a number of articles and court reports, one can only conclude that there was definitely a "rush to justice" in this case. There are way too many inconsistencies in the story and the confessions. The supposed witnesses are questionable at best. The references to satanism crosses over to Wicca which has nothing to do with satanism. If you read up on Wicca, it states their belief is "harm none". The DNA doesn't belong to any of the three men, that should tell prosecutors something. I can't say for sure, only the true perpetrator knows, but there does seem to be a ton of evidence proving those 3 didn't do it. If nothing else, they deserve a fair trial where ALL evidence is produced and nothing held back. Also that father or step father or whatever he is needs to be investigated thoroughly, there might be something there.
02:29 PM on 08/24/2011
I am a fan of Investigation Discovery, and I have seen so many shows where innocent people confess to horrible crimes after hours of mental torture by detectives. Unfortunately, these "good guys" are oftentimes as bad as the criminals. And when their mistakes are brought to light, they would rather an innocent person be executed than to admit fault. Because of this, I have taught my teenage son that if he is ever questioned by police, to say immediately, "I want a lawyer."
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andyuper
Can't we all get along?
02:01 PM on 08/24/2011
I recall in one of the documentaries that the protesting stepfather said something to the effect, in the death of his wife, who supposedly died of drug interaction: "When my wife was killed..". Was that a Freudian slip?
03:21 PM on 08/24/2011
I don't think so. In Byers' mind, the WM3 caused his wife's death. He claimed that she "died of a broken heart." Melissa Byers' cause of death has never, to my knowledge, been officially declared.
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andyuper
Can't we all get along?
04:33 PM on 08/24/2011
Hey, Kymn. In the second HBO (?) documentary he agreed to a polygraph, and they repeated the clip "When my wife was killed", even tough she allegedly died in their bed.
10:47 AM on 09/01/2011
I remember seeing that and thinking the same thing...
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fattrucker
04:21 PM on 08/22/2011
i've read the book, i've been at that truck stop near there the killings took place. I believe it was mainly echols creepy attitude that got them convicted. The fact that nothing like it ever happened again in that area makes me think it just might have been them. i think it's a shame echols didn't fry
01:57 PM on 09/02/2011
I just watched the documentary. Small-mindedness got threee inncent boys sent to prison. You show this, "echols creepy attitude", in what you write. You want Echols to fry? Wow.
That is a pitiful statement. What is creepy is that in areas of this country being different can get you convicted.Thinking like this goes against our country and justice system Thank god these guys are out.
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fattrucker
12:17 AM on 09/05/2011
Being Different? maybe he should have "been different" than what he normally was, a satan worshipper!
03:36 PM on 08/22/2011
The Alford guilty plea is "a plea of guilty containing a protestation of innocence".[8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself.[23] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime.[24] Upon receiving an Alford guilty plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.[13] The Alford guilty plea is a form of nolo contendere; where the defendant in the case states "no contest" to the factual matter of the case as given in the charges outlined by the prosecution.[12] An Alford guilty plea is simply a form of a guilty plea,[9][10] and, as with other guilty pleas, the judge must see there is some factual basis for the plea.[13]

Defendants can take advantage of the ability to use the Alford guilty plea, by admitting there is enough evidence to convict them of a higher crime, while at the same time pleading guilty to a lesser charge.[25] Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial.[13] It affords defendants the ability to accept a plea bargain, while maintaining innocence.[26]
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01:52 PM on 08/22/2011
There are a lot of ignorant posts about this case on HuffPo.
If you have access to a public library, check out the documentary "Paradise Lost."
It was filmed long before Johnny Depp or the Dixie Chicks ever heard of the "Memphis Three."
After viewing it, you will be really suspicious of one of the murdered boy's stepfather. I forget his name, but he showed the filmmakers the scene of the crime and recounted the gruesome details with such relish that you can't help but wonder about him.
03:10 PM on 08/22/2011
The stepfather in question, John Mark Byers, is indeed an unusual character. I would have liked to have met him before the murders to see if he was always so outspoken and eccentric, or if the grief of losing his child put him over the edge. You have to remember two things about Byers: One, he was suffering from a brain tumor at the time the documentaries were filmed. Two, yeah, he's kind of a weirdo, but isn't that why many people believe that Damien ended up in the WMPD's sights to begin with?

I was very suspicious of Byers after watching the documentaries, and Gary Gitchell said the one single thing that I agreed with. I can't quote him, but it was something to the effect of "Do we suspect him because he's a little weird?" While I don't see any reason to believe that he's guilty, I do think the blood on his pocketknife and the inconsistencies in his stories should have generated enough reasonable doubt for the jury to acquit.
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alsm9
Bombshell
11:24 PM on 08/22/2011
Didn't he have all of his teeth removed not long after he found out a bite mark on one of the victims could be traced? That's pretty telling I would say....
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Stephanie Serer
10:54 AM on 08/24/2011
Byers has also said that the boys are not guilty. Maybe because he did do it himself. Guy is pretty suspicious.
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p c r
Compassionate and Conservative are polar opposites
03:50 PM on 08/22/2011
The new evidence they have found indicates the involvement of another one of the boy's stepfathers. Byers, the original "looney tune" in the documentaries, has maintained that the WM3 were innocent since the DNA evidence was discovered in 2007.
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01:35 PM on 08/22/2011
The standard here is not based on what you feel : it is based on what is provable. There can be virtually no emotional element to that conclusion. It is not what is felt, but what is provable based on facts.
Emotion never rises to this standard. DNA does; a viewing of the act itself by more than one reliable witness (who knows the perpetrator well) are about the only substantial proofs. This case is out of the range of these criteria- as a matter a fact with so much physical "touching" the finding of no DNA from these young men at thecrime site would indicate almost no possibility of a commission or almost completely incompetent (lazy or corrupt police officers) police officers. Sad that this the kind of work we can exspect from the protectors of our rights and safety.
01:23 PM on 08/22/2011
I just hope they were really innocent because no DNA certainly does not prove they are innocent. Sounds like a little bit of a cop out to me but maybe they are innocent.
10:24 AM on 08/30/2011
It is not simply that no DNA evidence from the "3" was found at the scene, but that DNA found there was not from either the "3", or the three victims of this horrible crime. The "cop out" here is from the State of Arkansas. If they believed the Memphis 3 were guilty, do you honestly think they would have agreed to setting these three men free? This was a way to set the 3 innocent people charged with this crime free, without admitting that they didn't do their jobs in 1993.
07:16 AM on 08/31/2011
Wow. It seems as though this really was a wrong. I hope these 3 men can somehow get justice but after all these years they have lost a lot. Glad they are out.
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11:38 AM on 08/22/2011
You said the Dixie Chicks support the Memphis 3, but only Natalie Maines did this. Martie and Emily never went public and we don't know if they support them or not. Don't confuse Natalie with the group, she is only the lead singer, not even one of the founding members. Thanks.
anne1stoftwo
American Woman
01:22 PM on 08/22/2011
You are partically correct. However, Martie and Emily did support these three boys. Just as Natalie did... That is a fact...
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Cori Hingst
08:20 AM on 09/04/2011
Who cares what the Dixie Chicks support? Their careers crashed because of Natalie's big mouth.
08:20 AM on 08/22/2011
Brandon Hein and his "gang" next?
10:19 AM on 08/30/2011
For all Citizens who truly desire justice, here is a case that should have been documented further. Please, everyone, inform yourselves about the case concerning Brandon Hein. A true miscarriage of justice. Thank you, Mr. Harmon for bringing this up, and perhaps drawing attention to an otherwise forgotten case.