SURPRISE HEARING Friday 18th August

[BeanE]

Alford Plea Law & Legal Definition

In an Alford Plea, the criminal defendant does not admit the act, but admits that the prosecution could likely prove the charge. The court will pronounce the defendant guilty. The defendant may plead guilty yet not admit all the facts that comprise the crime. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt. One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. A defendant making an Alford plea maintains his innocence of the offense charged. One reason for making such a plea may be to avoid being convicted on a more serious charge. Acceptance of an Alford plea is in the court's discretion.

However, in many states, a plea which "admits sufficient facts" often results in the case being continued without a decision and later dismissed. A conviction under an Alford plea may be used as a conviction for later sentencing purposes. However, one state supreme court has held that an Alford plea, unlike a criminal trial, does not provide a full and fair hearing on the issues in the case, and therefore does not preclude later litigation of the issues.

In North Carolina v Alford, the Supreme Court noted that:

"An individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime *** when *** a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual guilt"

http://definitions.uslegal.com/a/alford-plea/

 

[Amster]

Apparently the true victims in this case have been forgotten.

Now, they are trying to make the victims the WM3.

That's so sociopathic.


Well I'm done can't stand to see people on here cheering about 3-convicted and admitted murders of 3 little boys anymore today.

That's the way it goes in this country, sadly. Get the media hooked, throw in a couple of "celebrities" and BINGO! The killer is the victim!! How the 3 little boys can be completely forgotten is so pitiful.

 

[EGirl]

I disagree. They are victims too. Not the murdered victims, but victims just the same.

I do hope the new evidence that made this possible at all is aired soon. I do hope that a new trial will happen within a year or two. jmo

A new trial for whom?

 

[21merc7]

A new trial for whom?

The person that murdered the children. The evidence is there that it is not these 3 or they would not be getting out of jail, ever.

 

[wyome]

Can anybody update me as to the victims' familys' beliefs at this time? How many are 100% behind the WM3, and how many still believe in their guilt?

Branch father -- believe they're guilty
Branch mother - ? think she was on the fence

Moore father -- believe they're guilty
Moore mother -- ?

Byers father -- believe they're innocent
Byers mother - ?

I may be missing some parents, too, because some families have multiple step/biological parents. Thanks for helping me sort this out.

 

[21merc7]

The Judge is thanking all the attorneys, forensics specialists, for helping to find the DNA to get this far, all at their own time and expense.

(cnn airing today's recorded hearing)

 

[krimekat]

understanding an Alford plea is difficult. My oldest daughter got pulled over by a cop when a girl min her backseat opened up a window and barfed. Meg had only had 1 glass of wine---I was with her. She blew a .09...so they srrested her. The cops never did a blood test even though we asked for one. The hooker in all this is that Meg had anorexia and bullemia and was acidotic all the time. That screws up the "blow Test". We could have fought the charges but it would have cost un $5000 to $10000. Meg didn't have the money. The Da offered an Alford plea----she didn't admit her guilt but acknowledged the DA could go to court and she might be convicted. So, she settled for court costs and an ed class. I know she was not legally drunk., So, accepting an Alford plea does not mean you are guilty----its just a way to setttle the matter without more costs etc. I personally think the state would lose a retrial!!!

Never blow . . .

 

[pdxmama]

Thank you to everyone for keeping those of who couldn't watch updated. I am grateful that justice was served today even though I may not like the way it was served. I will think of those 3 little boys often, what happened to them is beyond a tragedy.

I hope that those in this thread who have been unwilling to be respectful of those who disagree with them can take a moment and cool down and realize that we are all here to advocate for victims. I have no doubt that the 3 sweet boys who lost their lives are at the foremost of everyone's minds whether they agree with the ruling today or not.

 

[ahoyhoy]

IMO, 6 boys died that day. I just don't know how these men are going to function after so long in jail.

 

[PalmettoGirl]

I can't even begin to imagine what the men are feeling. In prison for 18 years and now they can go to the grocery store, go see a movie, go to the beach. So much has changed since the mid-90s, I'm sure they will in a bit of culture shock.

 

[Soulmagent]

I am assuming now that they are out, they'll work to prove their innocence and eventually be exonerated.
I know for me personally, I'd much rather try to prove my innocence from the freedom of my home than from 23 hour a day lock down in a cell.

I could see that ,if a court date wasnt in Dec alreay on the dockett.

I guess if it was me ,I would wait out the four months in jail.

I have not spent 18 years though so who knows . I do feel I wouldnt want to have that plea on my record and if there was a possible chance of the conviction being overturned. I feel it is quite crazy to think I would plead to that, unless I knew a new trial would also convict me as well being concerned with new forensic tools that might not have been useful in 1993 and in my old trial. I feel they WM3 just won at a game of chess.
I dont know if they are quilty or not,but they just plead it so I am inclined to believe they commited the actual crime due to not waiting out the 4 months in jail for the next hearing.

 

[corq]

Jason was originally against the plea deal. Decided to accept it because he didn't want to Damien to be put to death.

I have no words for this, everything about this case has been coercion since the beginning!

 

[gracielee]

A new trial for whom?

A trial for the real killer of these three little boys. In 18 years time, there has never been one shred of evidence produced against the WM3. But there has been witness/s and evidence acquired to suggest a 'family member' of one of the children is far more likely than these three to be involved in these murders IMO.

 

[sherbetjello]

IMO, 6 boys died that day. I just don't know how these men are going to function after so long in jail.

I feel this exact same way.
Couldn't of said it better.

 

[MsFacetious]

I wonder where they will live now?

Can you imagine having a neighbor who was convicted of multiple murder of 3 little boys (one being mutilated) living next door to you?

I think that would make me feel very uncomfortable and restless at night.

I wonder what kind of backlash they will face in the community.

I believe they murdered those little boys and do so by their plea of guilty like the prosecutor said. I don't understand why people are saying they are innocent when they just gave a plea of GUILTY?

We have a guy across the street who ripped off his drug dealer. Just had a swat team there last week.
The lady down the street is determined to "save" us and get us to go to church.
A guy who hired someone to murder his wife temporarily moved in down the street a few years ago.

I would rather have Damien (and Lorri), Jessie AND Jason move in next door than any of the neighbors I've already had.

I strongly dislike socializing, but if anyone of these men moved in I would have to make an exception... to ensure they felt welcome.
Would I let them babysit? Of course not, I don't let anyone babysit. Including my in laws, cousins or other neighbors.

I believe they are innocent because I have looked at the evidence.
And because I cannot judge them for just wanting it to be over after 18 years.

 

[gracielee]

I could see that ,if a court date wasnt in Dec alreay on the dockett.

I guess if it was me ,I would wait out the four months in jail.

I have not spent 18 years though so who knows . I do feel I wouldnt want to have that plea on my record and if there was a possible chance of the conviction being overturned. I feel it is quite crazy to think I would plead to that, unless I knew a new trial would also convict me as well being concerned with new forensic tools that might not have been useful in 1993 and in my old trial. I feel they WM3 just won at a game of chess.
I dont know if they are quilty or not,but they just plead it so I am inclined to believe they commited the actual crime due to not waiting out the 4 months in jail for the next hearing.

Unless a 'new trial' would be assured to me 'outside the state of Arkansas' I'd grab what ever way possible to get out of prison in Ark. They railroaded them the first time, and fought every possible link to 'other evidence' not implicating them. No way would I trust this same DA's office to shake me a fair deal.

 

[HRCODEPINK]

I can honestly say that it makes me want to vomit that these three had to give an Alford plea in order to obtain their freedom. It is wonderful that Damien is no longer under the threat of death and that all three finally are able to walk free, but a murderer is still out there who will never be punished and these men will now carry their convictions with them until they are exonerated or they die. That makes me angry and makes this a somewhat hollow victory, IMO.

 

[Cazzie]

I have a few quick questions (I think), since I didn't follow the case avidly. Why was Damien on death row and the other two were not? I know he was convicted of capital murder and the others weren't, but what was the evidence and reasoning? Did they all confess, or just Damien? I heard something on the feed about a confession where it's alleged that someone(s) was told by LE what to say. I'm hoping someone can give quick answers. TIA...

More on topic, I thought it was quite interesting that Jason was resistant to the plea deal, but decided to accept it because "they were trying kill Damien" (meaning the State, death row). It's also interesting that Damien apparently met his now-wife while on death row.

If they're innocent, it is a shame that they were forced to plead quilty and give up any chance to pursue subsequent legal action against the State for compensation. I know they weren't actually forced, but in order to be free now, they had to agree to the terms.

I have no opinion on whether they are innocent or not, but they did seem to conduct themselves as well as can be expected in the press conference. It will be interesting to see how they pursue clearing their names as time goes on.

This case seems to be very polarizing...

 

[katydid23]

I could see that ,if a court date wasnt in Dec alreay on the dockett.

I guess if it was me ,I would wait out the four months in jail.

I have not spent 18 years though so who knows . I do feel I wouldnt want to have that plea on my record and if there was a possible chance of the conviction being overturned. I feel it is quite crazy to think I would plead to that, unless I knew a new trial would also convict me as well being concerned with new forensic tools that might not have been useful in 1993 and in my old trial. I feel they WM3 just won at a game of chess.
I dont know if they are quilty or not,but they just plead it so I am inclined to believe they commited the actual crime due to not waiting out the 4 months in jail for the next hearing.

BBM

But it is more than just 'waiting out' the next four months. Who knows what comes from the next hearing? Meanwhile, if you had been on DEATH ROW for 18 years for a crime you did not commit, and your lawyer said you get be free immediately, if you took an ALford Plea, and you could still pursue proving innocence later, wouldn't you try that route?

 

[HRCODEPINK]

I wonder where they will live now?

Can you imagine having a neighbor who was convicted of multiple murder of 3 little boys (one being mutilated) living next door to you?

I think that would make me feel very uncomfortable and restless at night.

I wonder what kind of backlash they will face in the community.

I believe they murdered those little boys and do so by their plea of guilty like the prosecutor said. I don't understand why people are saying they are innocent when they just gave a plea of GUILTY?

An Alford Plea is not a guilty plea!! In a nutshell, it is a statement that you are not guilty, but admit that they have evidence that would be hard to overcome. This is an exceptional case, especially for an Alford Plea, since I believe that there is no way in this world that they have evidence that would prove these boys were involved in any way. I see this as the WM3 making a deal with the state and courts to spare the reputation of the state in exchange for the freedom that the state didn't really have a right to take from them in the first place. I can understand taking a stand in the beginning, but after being left in a cage for all those years, there comes a time when you do what needs to be done and then continue to work for your innocence to be proven from the outside. I can tell you, from experience, wrongful conviction is not something that you get out someone out of easily. After DNA testing proved that Earl Washington Jr was not the true killer in his case, it took the IP and a team of lawyers and supports an additional 9 years to win his freedom. 9 years after DNA!!!! And even after all of that, the state has never apologized or formally admitted wrongdoing and has even gone so far as to have original member of LE and the prosecution go on TV and state he is in fact guilty, regardless of what the DNA says and that the VICTIM must have been cheating on her husband (with a man who is now in prison on unrelated rape and murder charges). That is how far some states will go to avoid admission of wrongdoing, folks! So far that they would accuse the victim of wrongdoing and loose morals before admitting that they simply made a mistake.