Based on the Arkansas Supreme Court's 2010 opinion, especially misconduct by the jurors, he believed they would get a retrial. It would be practically impossible to put on a winnable case after 18 years. Even if the state won a retrial, appeals would drag on for years. Also, since the original convictions, two of the victims' families have joined with defense. Witnesses have died and changed their stories.
Guilt or innocence was never on the table. He has no reason to believe anyone else was involved in the crime. As far as the state is concerned, this case is closed. He believes these three defendants committed the crimes.
As part of the pleas today, the defendants were sentenced 18 years, will get credit for time served. They are free. They were also sentenced to suspended terms of 10 years. If they violate the law during this time, they could be sentenced to up to 21 years.
The prosecutor never mentioned the lack of DNA evidence tying these three to the crime, the induced false confessions, or anything else suggesting their innocence. A defense press conference should begin shortly.
Defense conference: Jason says he took the deal to get Damien off death row. It was against his principles to admit to something he didn't do. Damien says it wasn't a hard decision, he's tired. He's been in almost constant solitary confinement on death row for 18 years. Damien thanked Jason and acknowledged his sacrifice.
Their lawyers say they are absolutely innocent. They say the state recognized their innocence today by their Alford pleas, and ask whether anyone believes the state would let these men out of prison if it really believed in their guilt? No reasonable jury would convict these men given the DNA evidence pointing to their innocence. There is no physical evidence to convict these three.
The three were pretty subdued and obviously tired. It was not a festive conference (except for some of their lawyers who were clearly happy.)
Bottom line in my view: A 16, 18 and 19 year old spend 18 years in prison for a crime for which their was no physical evidence, after a trial riddled with juror misconduct. A new trial was on the horizon, the state knew it couldn't prove guilt at a retrial (regardless of its view of its evidence), and the boys, now men, are freed. While they can maintain their innocence, they can't sue for wrongful conviction. And they must watch over their shoulders for the next 10 years while under a suspended sentence, or else they may be returned to prison.
Freedom in America sure comes with a high price tag.