The Three Are Free - Now What?

They're free. We've been hearing it seemingly everywhere since Damien, Jason, and Jessie were released under a special plea deal known as an "Alford plea", one that is rarely used. But in a case where nothing is "usual", this deal fits right in. Mara Leveritt has written a comprehensive piece for the Arkansas Times (though she still managed to refer to Mark as a "stepfather"), so there's no need to go over the details here. You can read the article at www.arktimes.com/arkansas/the-big-ask/Content?oid=1888389.

The nuts and bolts of an Alford plea (USSC North Carolina v. Alford, 1970), under which the three were released are somewhat complex, but essentially the plea applies when a defendant "concludes that his interests require a guilty plea, and [that] the record strongly indicates guilt", according to the majority opinion in Alford, written by Supreme Court Justice Byron White.

The defendants do not have to allocute in open court, which is what preserves their right to present evidence of actual innocence in the future. Furthermore, allocution in a plea deal requires that the prosecutor, defense, and judge be satisfied with the plea. A defendant cannot say, "Well, I'll say I'm guilty, but I'm really not." This is what happened to Henry Alford, who had to appeal to the courts to prove that he had only pleaded guilty to avoid facing, as he put it, "being gassed."

Although District Attorney Scott Elllington aquiesced that the case would  be nearly "impossible to retry", he maintained that the guilty verdicts obtained in 1994 were the correct ones. Mark Byers, and many others, were not happy with the decision; Mark is just louder and commands more media attention.


Mark Speaks Out At Courthouse Prior Mark Speaks Out At Courthouse Prior to Hearing to Hearing


Terry Wayne Hobbs. Show of hands: Who believes Hobbs is guilty? More to the point, who believes it can be proven? How? Is there any way to clear the names of Echols, Baldwin, and Misskelley without finding an alternate suspect? The fact that changing times may have ultimately cleared the three at a retrial doesn't mean that there would be enough evidence to indict another.

Blogger Billy Sinclair believes, as doubtlessly others do, that a few months from now interest in the West Memphis Three and their quest for innocence will slow to a trickle.
 
"People in this world suffer unimaginable injustices on a daily basis", Sinclair writes. "injustices that make the one supposedly suffered by the West Memphis Three pale in comparison."

Sinclair continues. "Once the three men learn that their 'famous' supporters will not 'have them over for dinner,' and the prospect of getting a job and assuming a normal life will be difficult because of their murder convictions, it is hard to say how they will adjust as 'individuals' in a rough, competitive free world short on sympathy and generosity for convicted killers." Ouch.

Sinclair may be counting the WM3 out prematurely. A lttle known fact that emerged in the aftermath of the release of the three was the financial involvement of film director Peter Jackson (Lord of the Rings) over the past few years. Jackson has committed future funds to help clear the names of Damien, Jason, and Jessie, who are legally (and otherwise according to many) convicted child killers.

As for Terry Hobbs, he issued a statement (quoted here in part) through his church a few days ago, in which he essentially closed the door on the case. "I'm glad this part of the nightmare is over", he said. "I’m moving on with my life leaving this part of the nightmare as part of the past." He again denied any involvement in the murders, restating that he had never been named as a suspect by the police.

"From this point on I will have nothing to say about the case", Hobbs continued. "According to the State of Arkansas and in my own heart and mind it is closed, and I am leaving it that way."

That remains to be seen; the choice may not be his to make. The defense surely has more than it is showing. They may have other suspects, but time is not on their side. It was partly for this reason - time, or lack of it - that the plea to free Echols, Baldwin, and Misskelley was reached in the first place. Witnesses disappear - or die - and people forget. At this late date, even a flat out confession would be hard to verify.

If only the WMPD had taken Jessie Misskelley to the crime scene immediately after his confession, we'd be in an entirely different place today. They also might have had a chat with Mr. Hobbs; eliminate the parents (particularly stepparents) first. Police 101, right?

But are supporters putting all their eggs in Terry Hobbs' basket, or do they have other suspects to develop? Will Mark Byers come back into the crosshairs of suspicion? Judging by e-mail received from the web site, one would have to conclude that some have picked up the trail where it left off just prior to the discovery of the Hobbs/Jacoby hairs in 2007. Consider this from last week:

"Try and stay strong, Mr. Byers, since one of these nights when you finally fall asleep, a fiery lynchmob of guardian angels will deliver you into hell Mark. David Burnett is also waiting for you there. You are beyond repair and redemption. Psychopaths never feel guilt."

Then there is this videographer who believes that Mark is merely posturing for the media to shift focus to Hobbs.

The Kershaw Knife

Another question that arises is how Terry Hobbs and Mark Byers will be treated in upcoming films, there being at least three. Paradise Lost 3: Purgatory will air on HBO in November, and we know that both Mark and Terry Hobbs are voluntary participants in the film.

There is also the documentary being produced by Amy Berg (Deliver Us From Evil) of which little is known except that she worked closely with Lorri Davis for a time, and also with Amanda Hobbs, Terry's twenty-one-year-old daughter. Amanda made allegations of abuse against her father in depositions for Hobbs v Pasdar, but has also defended him against attacks by Mark Byers. Who knows how Ms. Berg will reconcile that dichotmy.

Thirdly, the long awaited feature film, Devil's Knot, is slated to start filming next spring. Veteran director Atom Egoyan (Sweet Hereafter, Adoration, Chloe) has been tapped for the film. If Egoyan sticks to the book, he will have to devote much screen time trying to prove that Mark Byers is a suspect, as Mara Leveritt did. More likely, however, Egoyan will rise above the bald-faced sophistry regarding Mark Byers that is found in the book and do what he does best: entertain.

As far as the fate of the West Memphis Three are concerned, it ain't over till it's over. Isn't that what they say?

 

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Comments

  • 9/6/2011 7:11 PM yellowrose011 wrote:
    well here we go again, what a injustice to all, the murder boys and the ones that went to jail,the DNA clears all 3 men of this horrible murder.the justice system there set them up ,they new, they were going to win there case, so they came up with a alford deal.wow what great justice system there,corrupt as hell.i hope they keep fighting to free there name, and get the right killer,and that would be terry hobbs,for god sake ,its time for justice, real justice.deaf and blind, and corrupt,you should be ashame of your justice system there.there was to much prosecutorial misconduct,police judge,burnett, davis, mike allen .and the winner of the prick award goes to gary gitchell,corrupt as hell,sweating now gary, you should be ,hell is coming for you ,its not over yet,you all will be getting yours very soon.god will see to that.unreal not one person will step up to the plate, and do the right thing,unreal justice there.keep fighting guys, never give up.and god bless
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  • 12/2/2011 4:24 PM Jason wrote:
    This whole situation sucks. There is no full resolution. Todd and Dana think their son's killers got away. Mark Byers think their sons' killer is still getting away with it. And I don't know what Pam Hobbs thinks other then that she thinks the WM3 are innocent now.

    I have to admit I wouldn't have any hope for a resolution if Mark wasn't committed to seeing justice. I believe that if anyone can do it Mark will do it.

    As far as the movies I won't see them unless I know they will treat Mark fairly and not regurgitate the BS from Paradise Lost 2 and Devil's Knot.
    Reply to this
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