The West Memphis Three are Free

By James Sheldon on August 19th, 2011

The West Memphis Three are free–yet they haven’t been exonerated. They have served a sentence for nearly 20 years for a crime that few believe they committed.

Living in the geographic region where this crime occurred in 1993, it was something that everyone knew of–it offered great intrigue. In fact, I was the same age as the convicted criminals, and it seemed a harsh introduction to how fast life could figuratively end if you were in the wrong place at the wrong time, or someone was needed to take a fall to represent justice.

The West Memphis Three, Damien W. Echols, 36, Jason Baldwin, 34, and Jessie Misskelley Jr., 36, were convicted of the murder of three 8 year old boys in West Memphis, AR, in 1993. The murders were cold, calculated and heinous. The victims’ hands bound to their feet, their bodies mutilated.

The investigation was led by local law enforcement, as well as a single mother who had a unique insight into the community and the case. The nature of the murders suggested some sort Satanic cult activity–at least, that’s what the investigative team was going with.

This cast a spotlight on local teen, Damien Echols, who claimed to practice Wicca. While it didn’t implicate him, ultimately, it made him an easy target. It was actually an acquaintance, Jessie Misskelley Jr., who implicated Echols as well as Jason Baldwin in the murders.

The problem with Misskelley lied in the fact that he was (and is) considered borderline mentally retarded. He confessed to involvement in the murders, and was convicted through a trial.

When Echols and Baldwin were brought to a separate trial–yes, a separate trial for the same crime–prosecutors didn’t use Misskelley’s testimony implicating their involvement in the murders. Clearly the defense would have used logic and Misskelley’s mental state to discredit any testimony.

Echols and Baldwin were convicted, and Echols received a death sentence for his role in the crime. This was the beginning of a long process of appeals, eventually calling upon the guidance of the Arkansas Supreme Court.

Along the way, the defense has found that while Misskelley’s testimony wasn’t officially part of the trial that convicted Echols and Baldwin, his trial and testimony were suggested and discussed by the jury foreman during 1993 deliberations, greatly assisting in the verdict.

In a new deal, a district court judge ruled that the three men, who went into prison as boys, had served their time. He handed down a 10-year suspended sentence. The deal is based on an Alsup plea, which does not exonerate the men for the crimes committed, but it allows them freedom without an admission of guilt.

This deal comes 5 months before a hearing scheduled to determine if a new trial should be granted based on DNA evidence. Evidence has shown that there was no DNA of the three convicted teens at the scene of the crime.

I gave you the five cent version of a pretty fascinating story–if you want an intimate look, check out the documentary: Paradise Lost: The Child Murders at Robin Hood Hill.

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