Washington Lawyer - September/October 2020 - 41

ON FURTHER RE VIEW
Indeed, the West Memphis Three prosecutor
expressly defended the Alford plea by
citing the amount of money he saved his
constituents by exercising his discretion the
way he had.8
One of the challenges with the Alford plea was
its potential broader consequences. "I suspect
after the West Memphis Three deal was
entered that there have been prosecutors in
other places that have said, 'We'll let you go
when the evidence looks shaky if you'll agree
to waive civil liability.' They won't agree to a
walk-away," Braga says.
About those broader implications, Braga has
this to say: "I understand the issues that some
in the wrongful conviction community might
have with the resolution. But I'm the lawyer for
Damien. I'm not the lawyer for the cause. My
client has told me his goal is to get off death
row, to get out of prison, and to lead the best
life he can from this point forward. There's
nothing more to talk about."
Lloyd Liu is a partner at Bennett Doyle LLP where
he focuses on white-collar defense, government
investigations, and complex civil litigation.

OSI

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NOTES

	1	 See Misskelley v. State, 915 S.W.2d 702, 706
(Ark. 1996).
	2	 Echols v. State (Echols II), 2010 Ark. 417, at 3, 2010
Ark. LEXIS 511, at *16 n.3.
	3	 Misskelley, 915 S.W.2d at 707.
	4	 Echols v. State (Echols II), 2010 Ark. 417, at 3, 2010
Ark. LEXIS 511, at *3; see Ark. Code Ann. § 16112-202 (2001) (amended 2005).
	5	 Echols II, 2010 Ark. LEXIS 511, at *4.
	 6	 David S. Mitchell Jr., "Lock 'Em Up and Throw
Away the Key: 'The West Memphis Three' and
Arkansas's Statute for Post-Conviction Relief
Based on New Scientific Evidence," 62 Ark. L.
Rev. 501, 506-07 (2009).
	7	 See "Timeline of Events in the West Memphis
Three Case," Arkansas Times (Aug. 24, 2011),
arktimes.com/news/cover-stories/2011/08/24/
timeline-of-events-in-the-west-memphis-threecase.
	 8	 Andrew DeMillo, "Ellington: Money a Factor
in West Memphis Deal," The Associated Press
(Apr. 18, 2012), arkansasonline.com/news/2012/
apr/18/ellington-money-factor-west-memphis3-deal/?news-arkansas-specials.

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