Compassionate Reader
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Was justice truly served on August 19, 2011? Why did both sides agree to the Alford Plea? I'll give my thoughts. You give yours.
Justice was not served because the WM3 had to say the word "guilty" as a part of this Devil's bargain. IMO, they are innocent of these charges, and I hope that, in time, they will prove this to be true. However, as Damien said, now they can strive for this goal as free men.
I've read a lot about the deal. One thing I read (I'll post the link if I can find it) is that this began when the defense approached the prosecution to see if they would be willing to skip the evidentiary hearing and go straight to trial. The State wouldn't do that. They said that they wanted a "global resolution" of the case. The defense came back with the Alford Plea, which the State agreed to, and the rest is history. (It's important to note that Judge Laser had to vacate the original convictions in order to allow the Alford Plea to be entered and that it was his decision whether or not to accept the plea.)
I have heard that the State was probably told that by Judge Laser that he was going to order a new trial, and they were worried about the case because so many witnesses had changed their stories, recanted previous testimony and so on and that memories were no longer fresh. So, they agreed to the deal because they didn't want to risk the possibility of "not guilty" verdicts which would leave the State open to civil suits for damages. The money concerns weren't for the trial costs but for the possible multimillion dollar settlements all three defendants could receive for false imprisonment. They might have even sued the WMPD for their lousy investigation. There are probably other possibilities, too.
I have heard that Jason really didn't want to make the deal. He wanted to proceed to the hearing and the new trial and prove his innocence. If you watch the video of the public hearing, you'll hear that much. You'll hear that he finally accepted the deal to save Damien's life. You'll also hear that Damien and Jessie accepted the deal readily.
In Jessie's case, IMO, he simply doesn't understand all of the legal underpinnings involved. He simply knew that, if he said what his lawyer told him to say, he would get out of prison. That's all he's ever wanted. One supporter said that this proves that Jessie had the right idea all along - tell them what they want to hear and they'll let you go home!
Damien is another case altogether. Notwithstanding the fact that he has been in virtual isolation for at least the last ten years, he had stated a few years ago in an interview (or maybe in his book, Almost Home) that he had some dental problems, and that, on Death Row, the only dental care offered is extraction. He didn't want to have his teeth pulled, so he was trying to cope with the problems through meditation. Having had some serious toothaches in my day, that alone would make me amenable to the deal!
So, in short, no one wins. The State will always be perceived by those who thought the WM3 guilty as having let murderers go free. Those same people will point to the Alford Plea as "proof" of the guilt of the guys (which it isn't) and the guys will have this Sword of Damocles hanging over their head until they prove their innocence. However, as previously stated, at least they'll be working on proving their innocence as free men. Hopefully, they will do that. When they do, I wonder if they can sue the State then?
Justice was not served because the WM3 had to say the word "guilty" as a part of this Devil's bargain. IMO, they are innocent of these charges, and I hope that, in time, they will prove this to be true. However, as Damien said, now they can strive for this goal as free men.
I've read a lot about the deal. One thing I read (I'll post the link if I can find it) is that this began when the defense approached the prosecution to see if they would be willing to skip the evidentiary hearing and go straight to trial. The State wouldn't do that. They said that they wanted a "global resolution" of the case. The defense came back with the Alford Plea, which the State agreed to, and the rest is history. (It's important to note that Judge Laser had to vacate the original convictions in order to allow the Alford Plea to be entered and that it was his decision whether or not to accept the plea.)
I have heard that the State was probably told that by Judge Laser that he was going to order a new trial, and they were worried about the case because so many witnesses had changed their stories, recanted previous testimony and so on and that memories were no longer fresh. So, they agreed to the deal because they didn't want to risk the possibility of "not guilty" verdicts which would leave the State open to civil suits for damages. The money concerns weren't for the trial costs but for the possible multimillion dollar settlements all three defendants could receive for false imprisonment. They might have even sued the WMPD for their lousy investigation. There are probably other possibilities, too.
I have heard that Jason really didn't want to make the deal. He wanted to proceed to the hearing and the new trial and prove his innocence. If you watch the video of the public hearing, you'll hear that much. You'll hear that he finally accepted the deal to save Damien's life. You'll also hear that Damien and Jessie accepted the deal readily.
In Jessie's case, IMO, he simply doesn't understand all of the legal underpinnings involved. He simply knew that, if he said what his lawyer told him to say, he would get out of prison. That's all he's ever wanted. One supporter said that this proves that Jessie had the right idea all along - tell them what they want to hear and they'll let you go home!
Damien is another case altogether. Notwithstanding the fact that he has been in virtual isolation for at least the last ten years, he had stated a few years ago in an interview (or maybe in his book, Almost Home) that he had some dental problems, and that, on Death Row, the only dental care offered is extraction. He didn't want to have his teeth pulled, so he was trying to cope with the problems through meditation. Having had some serious toothaches in my day, that alone would make me amenable to the deal!
So, in short, no one wins. The State will always be perceived by those who thought the WM3 guilty as having let murderers go free. Those same people will point to the Alford Plea as "proof" of the guilt of the guys (which it isn't) and the guys will have this Sword of Damocles hanging over their head until they prove their innocence. However, as previously stated, at least they'll be working on proving their innocence as free men. Hopefully, they will do that. When they do, I wonder if they can sue the State then?
