KATV Channel 7 - The Spirit of Arkansas: WM3 Defense Attorney: How Deal Happened

by Heather Crawford

The West Memphis Three are free because of an unusual legal maneuver called an Alford plea. The Little Rock attorney who helped make the deal possible shares how it happened and how they celebrated.

It's a picture worth a thousand words, Damien Echols embracing his wife free of shackles and handcuffs for the first time since leaving death row. It was taken by Little Rock attorney Patrick Benca who joined Echols' defense team earlier this year and played a major role in his release.

Having gone to law school with Attorney General Dustin McDaniel, Benca had lunch with his friend earlier this month.  That discussion he says lead to McDaniels setting up a meeting with members of the defense team and prosecutor Scott Ellington.  Benca pitched the idea of an Alford plea.

Jessie Misskelley, Jason Baldwin and Echols would plead guilty to first degree murder which would go on their record but they could maintain their innocence. The only was catch all three had to agree to it. Benca says it took until this week to convince Baldwin to accept the deal.

Benca says, "He's kind of a hero in this case because the reason why he did it were selfless because he felt he had to get Damien out of the situation he was in."

Leaving the courthouse in Jonesboro free men Friday Benca says Baldwin and Echols went straight to the DMV to get identification. He captured the moment with his I-phone camera.

Benca, "They were presented with things they've never seen before like signing on those little electric pads that we are all used to and they were looking at the pad with this fake pen...trying to understand how it works."   

From there they headed to the Madison Hotel in Memphis for a private party with supporters including Pearl Jam's Eddie Vedder and  Natalie Maines of the Dixie Chicks.

Benca says, "Damien wanted to sip and taste pretty much everything he was presented with. He hasn't had a piece of fruit in 8 years so he was excited about tasting fruit."

Benca had breakfast Saturday morning with Echols and Baldwin and then bid them farewell. They took a flight to an undisclosed location and are not expected to return for several days.

Benca says, "No bitterness. I can speak for Damien on that behalf and I think the reason for that is I don't think he for one second lost hope while he was in there. He didn't lose hope because I know he was innocent. He knew he was innocent and that was the reason the transition was so easy for him and Jason for that matter as well."

Benca says the defense team is still testing DNA and actively pursuing the case.

With the Alford plea the prosecutor can go after a new suspect if someone confesses down the road or new evidence is developed, and the West Memphis Three could be pardoned by the governor.