MEMPHIS, TN - The Alford Plea set convicted murderer, Margo Freshwater and the West Memphis Three free, now the families of murder victims say justice wasn't served.
Hillman Robbins, Sr., was killed in the back of a liquor store in 1966. His accused murderers were also linked to murders in Florida and Mississippi. Glenn Nash, a former lawyer in Memphis, was found insane and never convicted. His accomplice, Margo Freshwater, was sentenced to 99 years in prison. She escaped and was captured 30 years later, but was recently granted a new trial. Then the Alford plea came in.
"I was very happy when I found out she was going to plea guilty and she would come up for parole and I could voice my opinion," Robbins' grandson, Hillman Robbins, III, told abc24.com.
However, as Steve Branch found out the hard way, it's not that easy.
"In court the prosecutors said we're doing what's best for the state and courts, they didn't say anything about doing what's best for the family members or murder victims," Branch told abc24.com.
Branch's son, Stevie Branch, a boy scout, was murdered and mutilated, along with two other boys, in West Memphis. Damien Echols, Jessie Misskelley and Jason Baldwin, known as the West Memphis Three, were found guilty for their murders. Echols was sentenced to death. But in a surprise move in August, 2011, they were set free, by an Alford plea.
"The Alford law is to me is a key from hell, it's unlocking every cell door on death row to let every murderer in there come right back here on us." said Branch. "Somebody needs to stop this."
The West Memphis Three and Freshwater pleaded guilty to the murders, but maintained their innocence. Prosecutors use the plea as a tool in old cases that are granted a new trial. They bargain a shorter sentence and admittance of guilt to keep the case from returning to court.
Shelby County Assistant District Attorney, John Campbell, was the prosecutor against Freshwater. He helped strike the deal with her.
"We're assessing a 43 year old murder case. All the witnesses are dead so you're looking at retrying based on transcripts," said Campbell.
Campbell also told abc24.com it's a difficult case to win. However, Branch and Robbins, both still grieving from murders decades ago, wish they would try.
"I can't sleep too well," said Branch. "I feel my son tugging at me, he's saying what happened, why are my killers being set free like that? It's because of this Alford law."
"The justice system did not work in this case, there are two other people murdered and what about them?" Robbins told abc24.com.
Robbins is trying to get past the pain, and forget about Freshwater. Branch plans to take his fight to Washington in January, 2012, to ask Congress to get rid of the Alford plea.
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