As some of you may know, the
West Memphis 3 – Damien Echols, Jason Baldwin and Jessie Misskelley – are
out of jail. For those of you who aren’t familiar with the original case – and why it’s controversial enough for Henry Rollins, Eddie Vedder and Steve Earle to step in – you can get up to speed
here.
I’ve been following the case for awhile now, and based on what I know about it, I tend to side with the WM3, not least because most of the evidence of their guilt comprised (1) a flawed (and allegedly forced) confession from one of the defendants who later recanted, and (2) the WM3 wore black t-shirts, listened to a lot of heavy metal, read a lot of Stephen King and were practitioners of Wicca.
That second bit is a detail that should be highlighted a lot more prominently than it has been in the post-freedom coverage, because it’s a direct reflection of where Satanic panic and fear of music can ultimately lead.
I’m biased, of course, since I’m certainly guilty of listening to music that routinely gets blamed for everything from mass murder to teenage masturbation. And it’s worth mentioning I grew up in the South, where every evangelical preacher in town (and there were many) warning of the evils of rock music and backwards masking and The Devil’s hand in all this, and ultimately
Tipper Gore’s porn rock hearings in the US Senate.
Also, I once dated a Wiccan. And if I learned anything from that, it’s that Wicca has about as much to do with Satanism as repairing toasters.
So when I hear about cases where three teenage kids get life in jail and/or the death penalty primarily because they were into Wicca and the prosecution not only believes all the bullshit the PMRC used to say about heavy metal, but also considers it sufficient evidence to convict someone in the absence of all other evidence – I tend to see this in a negative light, yes.
Which is why I can't say I’m too happy with the deal that freed the WM3.
In essence, the case was looking at an all-new trial after new DNA evidence failed to place any of the suspects at the scene of the crime. But rather than take that chance – particularly with Echols on Death Row – they copped to what’s known as an
Alford plea, in which the defendant pleas guilty without admitting guilt. If that doesn’t make any sense, think of it as saying, “I swear I didn’t do it, but I can’t refute the facts that the prosecution has against me and if I go to trial I’m bound to lose, so I’ll plead guilty, but only to get a lower sentence, not because I’m admitting I did it.”
If that still doesn’t make any sense, welcome to the US legal system.
Anyway, what that means for the WM3 is that they’ve still pled guilty, but can also legally say they never admitted to the murders. But as far as the rest of the world is concerned, they’re
still convicted child murderers, so they’re not getting a clean slate out of this. And they can’t even sue the state for wrongful imprisonment.
What’s worse is that as far as the state of Arkansas is concerned, the case is closed. Which means that the real killer(s) are still out there, getting away with it.
So all up, the WM3 ordeal ends with injustice for all. Three kids get their lives ruined, a brutal killer goes free, and the state of Arkansas gets to use your record collection and non-Christian religious beliefs as enough proof to convict you of whatever. All because some dumb hick lawyers and a gullible media were a-feared of the Satans and the Heavy Metals.
Not that I think the WM3 shouldn’t have taken the deal. That’s their call, and at least they've vowed to find the real killer and clear their names. But you can’t call it justice by a long shot.
Wrong and important,
This is dF
BONUS TRACK: For the record, I first learned about the WM3 via a friend who sent me a few songs off of a compilation called
Free The West Memphis Three, the proceeds for which went to their legal defense fund. I bought the CD – it’s in the CD rack in front of me. I recommend it for the music alone.
There’s also
this comp of Black Flag covers for the same cause, though I don’t have a copy of that.