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For years, supporters of the three young Arkansas convicts known as the "West Memphis 3" have said they're not murderers, but victims of a sort of moral panic: heavy-metal fans misidentified as Satanists, and erroneously convicted, in 1994, of mutilating and murdering three 8-year-old boys.
Henry Rollins, the former Black Flag singer, was perhaps the most outspoken critic of the case, joined over the years by a group of rock 'n' roll and Hollywood types -- including Johnny Depp, Winona Ryder and Metallica -- who called for their release.
Now it appears possible that, after 17 years behind bars, Damien Echols, Jessie Misskelley and Jason Baldwin may be set free this week if they agree to a deal in which they can claim innocence while also agreeing that prosecutors could win a conviction against them, Associated Press reports.
Attorneys for the men say new DNA evidence points to their exoneration.
The agreement with prosecutors, known as an Alford plea, does not sit well with everyone. John Mark Byers, the adoptive father of one of the slain boys who believes the three suspects are innocent, told the news service: "To me, this is just a cop-out from the state for not wanting to admit that they made a mistake."
JONESBORO, Ark. — Three men convicted of killing three 8-year-old boys in a notorious 1993 murder case were freed from jail on Friday, after a complicated legal maneuver that allowed them to maintain their innocence while acknowledging that prosecutors had enough evidence to convict them.
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West Memphis Journal: Torn by 3 Lost Boys and 3 Convicted Youths (October 12, 2009)
A district court judge declared that the three men — Damien W. Echols, 36, Jason Baldwin, 34, and Jessie Misskelley Jr., 36, known as the West Memphis Three — who have been in prison since their arrest in 1993, had served the time for their crime. The judge also levied a 10-year suspended sentence on each of the men.
With his release Friday, Mr. Echols became the highest-profile death row inmate to be released in recent memory.
The agreement, known as an Alford plea, does not result in a full exoneration; some of the convictions stand, though the men did not admit guilt. The deal came five months before a scheduled hearing was to be held to determine whether the men should be granted a new trial in light of DNA evidence that surfaced in the past few years. None of their DNA has been found in tests of evidence at the scene. The Arkansas Supreme Court ordered the new hearing in November, giving new life to efforts to exonerate the three men.
In May 1993, the bodies of the boys, Christopher Byers, Steve Branch and James Michael Moore, were found in a drainage ditch in a wooded area of West Memphis, Ark., called Robin Hood Hills. The bodies appeared to have been mutilated, their hands tied to their feet.
The grotesque nature of the murders led to a theory about satanic cult activity. Investigators focused their attention on Mr. Echols, at the time a troubled yet gifted teenager who practiced Wicca, a rarity in the town of West Memphis. Efforts to learn more about him, spearheaded by a single mother cooperating with the police, led to Mr. Misskelley, a passing acquaintance of Mr. Echols, who has an I.Q. in the low 70s.
After a nearly 12-hour interrogation by the police, Mr. Misskelley confessed to the murders and implicated Mr. Echols and Mr. Baldwin, though his confession diverged in significant details with the facts of the crime known by the police.
Largely on the strength of that confession, Mr. Misskelley was convicted in February 1994. Mr. Echols and Mr. Baldwin were convicted soon after in a separate trial, largely on the testimony of witnesses who said they heard the teenagers talk of the murders and on the prosecution’s theory that the defendants had been motivated as members of a satanic cult. Mr. Misskelley’s confession was not admitted at their trial, though recently a former lawyer for the jury foreman filed an affidavit saying that the foreman, determined to convict, had brought the confession up in deliberations to sway undecided jurors.
An award-winning documentary, “Paradise Lost: The Child Murders at Robin Hood Hills,” was released after their convictions, bringing them national attention. Benefit concerts were held, books were written, a follow-up documentary was made and the men’s supporters continued to pursue their freedom. Many residents of West Memphis resented the presumption that outsiders knew the details of the horrific case better than they did. But in recent years some, though not all, of the victims’ families have begun to doubt the guilt of the three men.
