"The way I read the state's evidence, it's very powerful. And rarely do they bargain unless they have problems with their evidence. If they had some problems with their evidence, like there was a faulty DNA test, or if one of the witnesses had actually more contact with Westerfield... watering down the presence of the DNA... and that brought a fear in the prosecution that they could lose this case, then they might try to plea bargain," explained Nimmo.
Dimbulb question ON: So, is Nimmo saying that (if) Westerfield requests to plea bargain, it's likely to be denied? Dimbulb OFF
ONLY if the DA has an open and shut, 100% positive proof he did it, beyond a reasonable doubt, would they NOT accept the plea bargain. FAT CHANCE, IMHO.
In Arkansas, if you plead "Guilty" and spare the State a trial, you cannot be given the death penalty. BUT, if you say "Not Guilty" and are found guilty of "murder", then you can receive the death sentence.
If Westerfield cops a plea, then I will KNOW he did it.
sw