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Week 4 - Fall 2024 - Just Mercy (YA) - Chapters 4 & 5 — Transcript

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0:05Just Mercy, part four.
0:08Chapter four.
0:09The Old Rugged Cross.
0:11In February 1989, Eva Ansley and I
0:14reached our goal of opening a new
0:16non-profit law center in Tuscaloosa
0:18dedicated to providing free quality
0:20legal services to condemned men and
0:22women on death row in Alabama.
0:24We never thought it would be easy, but
0:26it turned out to be even harder than we
0:27had expected.
0:29Obstacles were multiplying rapidly. We
0:31were denied state funding, and after
0:33several disheartening meetings with our
0:35board, it had become clear that we had
0:37no support in the state for the project.
0:40On top of that, there weren't many
0:41lawyers who would do full-time death
0:44penalty work for less than $25,000 a
0:46year in Alabama.
0:48Eva and I realized that we would have to
0:50do it on our own and raise the money
0:52ourselves. We regrouped and started
0:54again, this time in Montgomery, the
0:56state capital. The project would
0:58eventually be named the Equal Justice
1:00Initiative. In the summer of 1989, we
1:03signed a lease on a small building near
1:05downtown Montgomery, a two-story Greek
1:08Revival house built in 1882, painted
1:11yellow and with a charming porch that
1:13made it feel open and welcoming. It felt
1:15like a good start and a nice contrast
1:18from the courtrooms, waiting rooms, and
1:20prison walls that our clients' family
1:22members had to face.
1:25The office was cold in the winter. It
1:27was almost impossible to keep squirrels
1:29out of the attic, and there wasn't
1:30enough electricity to run the copier and
1:32a coffee pot at the same time without
1:34blowing a fuse. But from the start, it
1:37felt like a home and a place to work,
1:39and given the hours we would spend
1:40there, it was always a little of both.
1:43A flood of execution dates awaited us.
1:46Between 1975, when Alabama's new death
1:48penalty statute was passed, and the end
1:51of 1988, there had been only three
1:53executions in Alabama. But by 1989,
1:56driven by shifting policies and laws,
1:59the number of people executed by the
2:01state of Alabama would double.
2:03Months before our center opened, I
2:05started visiting Alabama's death row
2:07every month, traveling from Atlanta to
2:09see a handful of new clients, including
2:11Walter McMillian.
2:12They were all grateful for the help, but
2:14as the spring of 1989 approached, they
2:16all made the same request at the end of
2:18our meetings, help Michael Lindsey.
2:21Lindsey's execution was scheduled for
2:23May 1989.
2:25I painfully explained how limited our
2:26time and resources were and how frantic
2:29we were trying to get the new EJI office
2:32up and running. EJI.
2:35Although they said they understood, they
2:36clearly felt anguished and guilty about
2:38getting legal assistance while other men
2:41face looming executions.
2:43Lindsey's lawyer, David Bagwell, was a
2:45respected civil attorney from Mobile,
2:47but prisoners got a word got word of a
2:49letter Bagwell had written and talked
2:51about it among themselves, especially
2:53one chilling line,
2:55"I generally favor the death penalty
2:58because mad dogs ought to die."
3:01Many prisoners were appalled by this
3:02attitude from someone who was supposedly
3:04an advocate for them.
3:06They even became more distrustful of
3:08lawyers, even the ones who claimed to
3:10help. We decided to do what we could for
3:12Michael Lindsey,
3:14whose execution date was fast
3:15approaching. We tried to make arguments
3:17about an interesting twist in that case.
3:19His jury had never decided that he
3:21should be executed at all. He'd received
3:24a sentence of life imprisonment without
3:26parole from his jury, but the judge had
3:28overwritten it, instead imposing a death
3:30sentence. This was unusual and was
3:33likely because this judge was trying to
3:34appear tough on crime in order to get
3:37reelected.
3:38We wrote a letter to the governor of
3:39Alabama, Guy Hunt, asking him to stop
3:42the Lindsey execution on the grounds
3:44that the jury had decided against
3:46putting him to death.
3:47Governor Hunt quickly denied our request
3:49for clemency, declaring that he would
3:51not go against the wishes of the
3:53community expressed by the jury that Mr.
3:55Lindsey be put to death. Even though we
3:57stressed that the communities
3:59representatives, the jury, had done the
4:01opposite. They clearly elected to spare
4:04Lindsey's life. It didn't matter. He was
4:07electrocuted on May 26th, 1989.
4:11The first execution I witnessed was that
4:13of my client Herbert Richardson, a
4:15Vietnam War veteran whose brutal,
4:16nightmarish experiences left him
4:19traumatized and scarred by
4:20post-traumatic stress disorder.
4:23One of the country's least discussed
4:25post-war problems is how frequently
4:27combat veterans bring the traumas of war
4:29back with them and are incarcerated
4:31after returning to their communities.
4:33Herbert became one of thousands of
4:35combat veterans who end up in jail or
4:37prison after completing their military
4:39service.
4:40I had promised Herbert I would be with
4:42him during the execution, and when I
4:44arrived at the prison, it was completely
4:45dark. Outside the prison entrance were
4:48dozens of men with guns, state troopers,
4:51local police officers, deputy sheriffs,
4:54and what appeared to be part of a
4:55National Guard unit.
4:57It was surreal to see all of these armed
4:59men gathered near midnight to make sure
5:01a life would be taken without innocent
5:04incident.
5:06When I got inside the waiting room,
5:07Herbert's wife and her family
5:11had less than an hour left with him to
5:12say goodbye. He was calmer than I had
5:14ever seen him. He smiled at me when I
5:16walked in and gave me a hug.
5:18"Hey, y'all. This is my lawyer here," he
5:20said, introducing me with a pride that
5:22was surprising and moving to me.
5:24I spent the next 45 minutes with one eye
5:26on the clock, knowing that soon the
5:28guards would take Herbert to the back
5:30and we would never see him alive again.
5:32When the clock struck 10:00 p.m., the
5:34guards dragged his weeping wife and
5:36family away with great difficulty.
5:3830 minutes before the execution, I was
5:40brought to the cell next to the
5:42execution chamber deep inside the prison
5:44where Herbert was being held until it
5:46was time to put him in the electric
5:48chair. They had shaved the hair off his
5:50body to facilitate a clean execution.
5:53The state had done nothing to modify the
5:55electric chair since the disastrous John
5:57Evans execution. I felt distraught. I
6:00tried to read up on what should happen
6:02at an execution. I had some naively
6:05misguided hope that I could save Herbert
6:07if they did something incorrectly.
6:09Herbert was much more emotional when he
6:11saw me than he'd been in the visitation
6:13room. It must have been humiliating to
6:15be shaved in preparation for an
6:17execution. He looked shaken and upset.
6:20When I walked into the chamber, he
6:21grabbed my hands
6:23and asked if we could pray, and we did.
6:26When we were done, his face took on a
6:27distant look and then he turned to me.
6:30"Hey, man. Thank you. I know this ain't
6:32easy for you, either, but I'm grateful
6:33to you for standing with me." He said
6:35with great emotion.
6:37I smiled and gave him a hug. His face
6:39sagged with an unbearable sadness.
6:42"It's been a very strange day, Brian,
6:44really strange. Most people who feel
6:46fine don't get to think all day about
6:48this being their last day alive with
6:50certainty that they will be killed. It's
6:52different than being in Vietnam, much
6:55stranger."
6:56He nodded at all the officers who were
6:58milling about nervously. "It's been
6:59strange for them, too. All day long
7:02people have been asking me, what can I
7:04do to help you? When I woke up this
7:06morning, they come kept coming to me,
7:08can we get you some breakfast? At
7:10midday, they came to me, can we get you
7:11some lunch? All day long, what can we do
7:14to help you?"
7:15Herbert sighed. "More people have asked
7:17me what they can do to help me
7:20in the last 14 hours of my life than
7:22ever asked me in the years when I was
7:24coming up."
7:25He looked at me and his face twisted in
7:27confusion.
7:28I gave Herbert one last long hug. I was
7:31a reflecting on all of the trauma and
7:32difficulty that had followed this
7:34well-meaning man home from Vietnam. I
7:36couldn't help but ask myself, where were
7:39these people when he really needed them?
7:41Where were all these helpful people when
7:43Herbert was three and his mother died?
7:45Where were they when he was seven and
7:47trying to recover from physical abuse?
7:49Where were they when he was a young teen
7:51struggling with drugs and alcohol? Where
7:54were they when he returned from Vietnam
7:55traumatized and disabled?
7:57Herbert had made a particular request
8:00the week before the execution. He wanted
8:02me to get the prison to play a recording
8:04of a favorite hymn as he walked to the
8:06electric chair.
8:07Now, I watched an officer bring over a
8:09tape. The sad strains of the old rugged
8:12cross began to play as they pulled
8:14Herbert away from me.
8:17There was a shamefulness about the
8:18experience I couldn't shake. Everyone I
8:20saw at the prison seemed surrounded by a
8:22cloud of regret and remorse. The prison
8:25officials had pumped themselves up to
8:27carry out the execution, but even they
8:29revealed extreme discomfort and some
8:32measure of shame. Maybe I was imagining
8:34it, but it seemed everyone recognized
8:36that what was taking place was wrong.
8:39Believing in capital punishment was one
8:41thing, but the realities of
8:42systematically killing someone who is
8:44not a threat are completely different. I
8:47couldn't stop thinking about it on the
8:48trip home. I thought about Herbert's
8:50family and about the victim's family. I
8:52thought about the visitation officer,
8:54the Department of Corrections officials,
8:56the people who were paid to shave
8:58Herbert's body so that he would be
9:00killed more efficiently. I thought about
9:02the officers who had strapped him into
9:04the chair. I kept thinking that no one
9:06could actually believe this was a good
9:08thing to do or even a necessary thing to
9:10do.
9:12The next day, there were articles in the
9:14press about the execution. Some state
9:16officials expressed happiness and
9:18excitement that an execution had taken
9:20place, but I knew that none of them had
9:22actually dealt with the deal details of
9:24killing Herbert. I couldn't stop
9:26thinking that we don't spend much time
9:28contemplating the details of what
9:31killing someone actually involves.
9:33I went back to my office the next day
9:35with renewed energy. I picked up another
9:38picked up my other case files including
9:40Walter McMillian's and made updated
9:43plans for how to assist each client to
9:45maximize the chance of avoiding an
9:46execution.
9:48Eventually, I recognized that all my
9:50fresh resolve didn't change much. I was
9:53really only trying to reconcile myself
9:55to the readiness, the realities of
9:57Herbert's death. I was comforted by the
10:00exercise just the same. I felt more
10:02determined to recruit staff and obtain
10:04resources to meet the growing challenges
10:06of providing legal assistance to
10:08condemned people. By the end of the day,
10:11I was persuaded I was persuaded things
10:15would improve even while I felt burdened
10:17by the weight of it all.
10:18Chapter 5, Homeland.
10:21Walter's wife, Minnie Bell McMillian and
10:23his daughter Jackie were waiting
10:24patiently when I pulled up to the
10:26McMillian's dilapidated house in Repton,
10:28which was off the main road leading into
10:30Monroeville. It had been a long day. I
10:33was no longer sure what time it was. I'd
10:35spent several intense hours on death row
10:38earlier in the day with Walter going
10:40over his trial transcript. Time was
10:42critical. I should have returned to
10:44Montgomery to work on appeal pleadings,
10:46but Walter's family wanted to meet and
10:49since they were less than an hour from
10:51the prison, I had promised to come to
10:52Monroeville. I was surprised at the
10:54profound disrepair. This was a poor
10:57family's home. The front porch was
10:59propped on three cinder blocks. The wood
11:02flooring showed signs of rot. The blue
11:04window frames were in desperate need of
11:06paint. The yard was littered with
11:07abandoned car parts, tires, and broken
11:09pieces of furniture.
11:11Minnie walked out the front door and
11:13apologized for her appearance the
11:15appearance of the yard as I carefully
11:17stepped onto the porch. She kindly
11:19invited me inside.
11:21"Let me fix something for you to eat.
11:23You've been at the prison all day." she
11:25said. Minnie looked tired, but otherwise
11:27appeared as patient and strong as I had
11:29imagined based on Walter's descriptions
11:31and my own guesses from our phone
11:33conversations. Because the state had
11:35made Walter's affair with Karen Kelly
11:37part of its case in court, the trial had
11:40been especially difficult for Minnie,
11:42but she looked like she was still
11:43standing strong. "Oh, no, thank you. I
11:45appreciate it, but it's fine. Walter and
11:48I ate some things on the visitation
11:49yard." "They don't have nothing on that
11:52prison yard but chips and sodas. Let me
11:54cook you something good." "That's very
11:56kind. I appreciate it, but I'm really
11:58okay. I know you've been working all
12:00day, too." "Well, yes, I'm on 24 12
12:0412-hour shifts at the plant. Them people
12:07don't want to hear nothing about our
12:08your business, your sickness, your
12:10nerves, and definitely nothing about
12:12your family problems."
12:13She didn't sound angry or bitter, just
12:15sad. She walked over to me, gently
12:18looped her arm with mine, and slowly led
12:20me into the house.
12:21We sat down on a sofa in the crowded
12:23living room. Chairs that didn't match
12:25were piled with papers and cloth
12:27clothes. Her grandchildren's toys were
12:29scattered on the floor.
12:31"Work people tell you to be there, so
12:34you got to go. I'm trying to get through
12:36her through school, and it ain't easy."
12:38She nodded to her daughter, Jackie, who
12:40looked back at her mother
12:41sympathetically. Jackie walked across
12:44the room and sat near us. Walter and
12:46Minnie had mentioned their children,
12:47Jackie, Johnny, and Boot, to me several
12:50times. Jackie's name was always followed
12:52by she's in college. I'd begun to think
12:55of her as Jackie she's in college
12:57McMillan. All of the kids were in their
12:5920s, but still very close and protective
13:01of their mother.
13:03I told them about my visit with Walter
13:05and talked about the next steps in the
13:06case. They updated me on all the rumors
13:09in town currently circulating about the
13:11case.
13:12"I believe it was that old man Miles
13:14Jackson who done it," Minnie said
13:16emphatically. "I think it's the new
13:18owner Rick Blair," Jackie said.
13:20"Everybody knows they found a white
13:21man's skin under the girl's fingernails
13:23where she'd fought whoever killed her."
13:26As we talked, it became clear how
13:27traumatizing the last 18 months since
13:30Walter's arrest had been.
13:32"The trial was the worst," Minnie said.
13:34"They just ignored what we told them
13:36about Johnny D being home.
13:38Nobody has explained to me why they did
13:40that. Why did they do that?" She looked
13:43at me as if she honestly hoped I could
13:44provide an answer.
13:46"This trial was constructed with lies,"
13:48I said. I was cautious about expressing
13:51such strong opinions to Walter's family
13:53because I hadn't investigated the case
13:55enough yet, but reading the record of
13:57his trial had outraged me. Not just
14:00about the injustice done to Walter, but
14:02also about the way it had burdened the
14:03entire community.
14:06Everyone in the poor black community who
14:07talked to me about the case had
14:09expressed hopelessness.
14:11"One lie after the other," I continued.
14:13"People were fed so many lies that by
14:15the time you all started telling the
14:16truth, it was just easier to believe you
14:19were the ones who were lying.
14:21It frustrates me to even read it in the
14:23trial record, so I can only imagine how
14:25you all feel."
14:26The phone rang and Jackie jumped up to
14:28answer it. She came back a few minutes
14:30later. "Eddie said that people are
14:32getting restless. They want to know when
14:34he's going to be there."
14:36Minnie stood up and straightened her
14:37dress. "Well, we should probably get
14:40going. They've been waiting most of the
14:41day for you."
14:43When I looked confused, Minnie smiled.
14:45"Oh, I told the rest of the family we
14:47would bring you down there since it's so
14:49hard to find where they live if you've
14:51never been there before. His sisters,
14:53nephews, nieces, and other folks all
14:55want to meet you."
14:57I followed their directions down a long
14:58winding dirt road full of impossible
15:00turns through a heavily wooded area. We
15:02came to a short narrow bridge with room
15:05for only one car to pass. It looked
15:07shaky and unstable, so I slowed the car
15:09to a stop.
15:10"It's okay. It hasn't rained much, and
15:12that's the only time when it's really a
15:14problem," Minnie said.
15:16"What kind of problem?" I didn't want to
15:18sound scared, but we We the middle of
15:20nowhere and in the pitch black night, I
15:22couldn't tell whether it was a swamp, a
15:24creek, or a small river under the
15:26bridge.
15:27"It will be all right. People drive
15:29through here every day." Jackie chimed
15:31in.
15:31It would have been too embarrassing to
15:33turn around, so I drove slowly across
15:35the bridge and was relieved when we made
15:37it to the other side.
15:38The forest began to give way to
15:40trailers, a few small homes, and finally
15:42an entire community hidden away in the
15:44woods. We pulled up a hill until we
15:46reached a trailer that was glowing in
15:48the darkness, lit by a fire burning in a
15:51barrel out front. Small children were
15:53playing outside. They dashed into the
15:55trailer when they saw our car pull up.
15:57And we got out of the car. A tall man
15:59greeted us.
16:01He hugged Minnie and Jackie before
16:02shaking my hand. "They've been waiting
16:04for you," he told me. "I know you
16:06probably got a lot of work to do, but we
16:08appreciate you coming to meet with us.
16:10I'm Giles, Walter's nephew."
16:13Giles led us inside. The small home was
16:15packed with more than 30 people whose
16:18chattering fell silent when I entered.
16:20One by one, they started to smile at me.
16:22Then, to my amazement, the room broke
16:24into loud applause. I was stunned by the
16:27gesture. No one had ever applauded me
16:29just for showing up.
16:31There were older women, younger women,
16:33men Walter's age, and several men much
16:35older. Their faces were creased with
16:37worry.
16:39When the applause had died down, I began
16:40to speak. "Thank you. That's very kind,"
16:43I started. "I'm so glad to meet you all.
16:45Mr. McMillan told me he had a large
16:47family, but I didn't expect so many of
16:49you to be here. I saw him today, and he
16:52wants me to pass along his thanks and
16:54his gratitude to all of you for sticking
16:56by him. I hope you know how much your
16:58support means. He has to wake up on
17:00death row every morning, and that's not
17:02easy, but he knows he's not alone. He
17:05talks about you all the time."
17:07"Sit down, Mr. Stevenson," someone
17:09shouted. I took a seat on an empty couch
17:12that seemed to have been reserved for
17:13me, and Minnie sat down beside me.
17:16"We don't have any money.
17:18We gave it all to the first lawyer."
17:20called out one of the men.
17:22"I understand that and I won't take a
17:24penny. I work for a non-profit law
17:26office and we provide legal assistance
17:28at no cost to the people we represent."
17:30I replied.
17:31"Well, how do I pay the bills?" asked
17:34one young woman. People laughed at the
17:35question.
17:37"We get donations from foundations and
17:39people who support our work."
17:41An older woman spoke up. It was Armelia
17:43Hand, Walter McMillian's older sister.
17:47"We don't have much, Mr. Stevenson, but
17:49you have someone we love in your care.
17:51Anything we have, you have. These people
17:54have broken our hearts." she said. The
17:56family shared questions and comments
17:58about Walter, the town, race, the
18:01police, the trial, and the way the whole
18:03family was now being treated by people
18:05in the community. There seemed to be
18:08therapeutic relief in voicing their
18:09concerns to me. I began to feel
18:11encouraged that some of the information
18:13I provided may be ease their anxiety. We
18:16started to joke some and before I knew
18:18it, I felt embraced in a way that
18:20energized me.
18:22An older woman had given me a tall glass
18:24of sweet iced tea and no matter how much
18:26or how little I drank, she minded my
18:29glass religiously the entire evening.
18:32As our conversation continued, Armelia
18:34Hand again spoke up.
18:36"We were standing next to him that whole
18:37morning. We know where he was. We know
18:40what he was doing." Her voice grew
18:42louder and more distraught. That The
18:45crowd in the small trailer hummed in
18:47agreement. It was the kind of wordless
18:49testimony of struggle and anguish I
18:51heard all the time growing up in a small
18:53rural black church.
18:55"Just about everybody in here was
18:56standing next to him, talking to him,
18:58laughing with him, eating with him. Then
19:00the police came along months later say
19:03he killed somebody miles away at the
19:05same time we were standing next to him.
19:07Then they take him away when you know
19:09it's a lie."
19:10She was now struggling to speak. Her
19:12hands were trembling and the emotion in
19:14her voice was making it hard for her to
19:16get the words out.
19:18"We were with him all day. What are we
19:20supposed to do, Mr. Stevenson? Tell us,
19:22what are we supposed to do with that?"
19:24Her face twisted in pain. "I feel like
19:26I've been convicted, too."
19:29The small crowd responded to each
19:30statement with shouts of yes and that's
19:32right. "I feel like they done put me on
19:35death row, too. What do we tell these
19:37children about how to stay out of harm's
19:39way when you can be at your own house
19:41minding your own business surrounded by
19:43your entire family and they still put
19:45murder on you that you ain't do and send
19:48you to death row."
19:49I sat on the crowded sofa in my suit
19:51staring into the face of a lot of pain.
19:54I hadn't expected to have such an
19:55intense meeting when I arrived. Folks
19:58were desperate for answers and trying to
19:59reconcile themselves to a situation that
20:02made no sense. I was struggling to think
20:04of something appropriate to say when a
20:06younger woman who was Walter's niece
20:08spoke up.
20:10"Johnny D could have never done this no
20:12kind of way whether we was with him or
20:14not," she said using the nickname
20:16Walter's family and friends had given
20:17him. "He's just not like that."
20:20By then it was close to midnight and it
20:22would have take me at least two hours to
20:24get to Montgomery. I said my farewells
20:26and exchanged hugs with practically
20:28everyone in the room before stepping out
20:30into the dark night.
20:32December is rarely bitter cold in South
20:34Alabama during the day, but at night the
20:37temperatures can drop, a dramatic
20:39reminder that it's winter even in the
20:40South. Without an overcoat, I cranked up
20:43the heat for the long drive home after
20:45dropping Minnie and Jack Jackie back at
20:47their house. The meeting with the family
20:49had been inspiring.
20:51There were clearly a lot of people who
20:53cared deeply about Walter and
20:55consequently cared about how I could
20:57help. But it was also clear that people
20:59had been traumatized by what had
21:00happened. They needed a place to share
21:03their hurt and confusion. Walter's
21:05family and most poor black people in his
21:07community were similar similarly
21:10burdened by Walter's conviction. The
21:12community seemed desperate for some hope
21:14of justice. The realization left me
21:16anxious but determined.
21:19I got used to taking calls from lots of
21:21people concerning Walter's case. Most
21:23were poor and black and they offered
21:25encouragement and support. And
21:27occasionally a white person for whom
21:29Walter had worked would call to offer
21:30support like Sam Crook.
21:32"My people were heroes of the
21:34Confederacy Crook said. I've inherited
21:36their land, their title and their pride.
21:39I love this country but I know what
21:41happened to Walter McMillian ain't
21:43right." "Well, I appreciate your call."
21:46"Well, I've decided I ain't going to let
21:48them string him up. I'll get some boys
21:50and we'll go cut him down before we let
21:52them take him. I'm just not going to
21:54stand for them putting a good man down
21:56for something I know he didn't do."
21:59Sam Crook spoke in grand proclamations.
22:02I hesitated over how to respond. "Well,
22:05thank you." was all I could manage.
22:07When I came later asked Walter about Sam
22:10Crook, he just smiled.
22:12"I've done a lot of work for him. He's
22:13been good to me. He's a very interesting
22:16guy."
22:17I saw Walter just about every other week
22:19for those first few months and I learned
22:21about some of his habits. Interesting
22:23was Walter's word for odd and having
22:26worked for hundreds of people throughout
22:27the country over the years, he didn't
22:28encouraged no shortage of interesting
22:31he'd encountered no shortage of
22:33interesting people. The more unusual or
22:35bizarre the person was, the more
22:37interesting they were according to
22:38Walter. Very interesting and real
22:41interesting and finally, now he's real
22:44interesting were the markers for strange
22:47and stranger characters. Walter seemed
22:49reluctant to say anything bad about
22:51anyone. He just chuckle as if
22:54if he thought someone was odd.
22:56Walter grew much more comfortable during
22:58our visits and sometimes he would veer
23:00into topics that had nothing to do with
23:02the case, the guards, other prisoners,
23:04people back home who he thought would
23:07visit but hadn't. In these
23:09conversations, Walter showed remarkable
23:11empathy. He spent a lot of time
23:13imagining what other people were
23:14thinking and feeling. He guessed what
23:16frustrations guards must be experiencing
23:19to excuse the rude things they said to
23:21him.
23:22He gave voice to how hard it must be to
23:24visit someone on death row.
23:27We also talked about the food he liked,
23:29jobs he worked when he was younger.
23:31We talked about race and power, the
23:33things we saw that were funny and the
23:35things we saw that were sad. It made him
23:37feel better to have a normal
23:39conversation with someone who wasn't on
23:41the row or a guard, and I always spend
23:44extra time with him to talk about things
23:46unrelated to the case, not just for him,
23:49but for myself as well. I found
23:51something refreshing in the moments I
23:52spent with clients when we didn't relate
23:54to one another as attorney and client,
23:57but as friends.
23:58My work had quickly become my life, and
24:00Walter's case was becoming the most
24:02complicated and time-consuming I'd ever
24:05worked on.
24:06"Man, all these guys talk about how
24:08you're working on their case. You must
24:10not ever get any peace." He told me
24:12once. "Well, everybody needs help, so
24:14we're trying." He gave me an odd look
24:17that I hadn't seen before. I think he
24:18wasn't sure whether he should he could
24:20give me advice. He hadn't done that yet.
24:23Finally, he looked at me earnestly and
24:25said, "Well, you know you can't help
24:27everybody. You'll kill yourself if you
24:29try to do that." He continued looking at
24:31me with concern. I smiled. "I know." "I
24:35mean, you got to help me. You shouldn't
24:37hold nothing back on my case." He said
24:39with a smile. "I expect you to fight all
24:41corners to get me out of here. Take them
24:43all down if necessary."
24:45"Stand up to the giants, slay wild
24:47beasts, wrestle alligators." I joked.
24:50The more time I spent with Walter, the
24:52more I cared for this kind, decent man
24:54with a generous nature.
24:56He freely acknowledged that he'd made
24:58poor decisions, particularly where women
25:00were concerned, but all his friends,
25:03family, and associates who knew him
25:04agreed Walter generally tried to do the
25:07right thing.
25:08In all death penalty cases, spending
25:10time with clients is important.
25:12Developing the trust of clients is not
25:14only necessary to manage the
25:15complexities of the litigation and deal
25:17with the stress of a potential
25:20execution, it's also key to effective
25:22advocacy. A client's life often depends
25:25on his lawyer's ability to create a
25:27narrative that puts in context and
25:30explains his poor decisions or violent
25:32behavior. Uncovering things about
25:34someone's background that no one else
25:36has previously discovered, things that
25:38might be hard to discuss but are
25:40critically important, requires trust.
25:43Getting someone to acknowledge he has
25:45been the victim of child sex abuse,
25:47neglect, or abandonment won't happen
25:50without the kind of comfort that takes
25:51hours and multiple visits to develop.
25:55Talking about sports, TV, popular
25:57culture, or anything else the client
25:59wants to discuss is absolutely
26:01appropriate to building a relationship
26:03that makes effective work possible, but
26:06it also creates genuine connections with
26:08clients, and that's certainly what
26:10happened with Walter.
26:11Shortly after my first trip to see
26:13Walter's family, I received a call from
26:15a man named Darnell Houston, who told me
26:18he would prove that Walter was innocent.
26:20His voice shook with nerves, but he was
26:22determined to meet with me in person. He
26:25lived in a rural part of Monroe County
26:27on farmland that his family had worked
26:29since the time of slavery.
26:31When I arrived at his house,
26:35he walked out to greet me. He was a
26:37young black man in his 20s with a
26:39worried demeanor, and as soon as we sat
26:41down, he got right to business. "Mr.
26:43Stevenson," he began, "I can prove that
26:46Walter McMillian is innocent." Really?
26:49"Bill Hooks is lying. I found out that
26:51he testified that he drove by that
26:53cleaners on the day that girl was killed
26:55and that's a lie.
26:56How do you know?
26:58We were working together all that day.
27:00We both worked at the Napa Auto Parts
27:02store last November. I remember that
27:05Saturday when the girl was killed
27:06because ambulances and police started
27:09racing up the street.
27:10You were working on the Saturday morning
27:12that Ronda Morrison was killed? Yes,
27:15sir, with Bill Hooks from about 8:00 in
27:17the morning till we closed after lunch.
27:20After all them ambulances went by our
27:22shop. It was probably close to 11:00
27:24when the sirens started. Bill was
27:26working on a car in the shop with me.
27:28There ain't but one way out of the
27:30store. He never left the entire morning.
27:32If he said he drove by the cleaners when
27:34that girl was killed, he's lying.
27:37One of the most frustrating things about
27:39reading Walter's trial record had been
27:41that the state's witnesses, Ralph Myers,
27:43Bill Hooks, and Joe Hightower, were so
27:46obviously not believable. Their
27:48testimony was laughably inconsistent and
27:51completely lacking in
27:52credibility.
27:54Myers continue or Myers' account of his
27:57role in the crime, Walter kidnapping him
27:59to drive him to the crime scene and then
28:01dropping him off afterward, never made
28:03any sense. Hooks' response to every line
28:06of questioning was to repeat over and
28:07over again that he saw Walter McMillian
28:10walk out of the store with a bag, get
28:12into his low rider truck, and get driven
28:14away by a white man. He could not answer
28:17any questions about what else he saw
28:18that day or what he was doing in the
28:20area.
28:21My plan had been to immediately
28:23challenge
28:24Walter's conviction to the Alabama Court
28:26of Criminal Appeals. The state had done
28:28so little to provide prove Walter's
28:31guilt that there weren't a lot of legal
28:33issues to appeal, but the evidence
28:35against him was so unpersuasive that I
28:37was hopeful the court might overturn the
28:39conviction simply because it was so
28:41unreliable.
28:43Once you Once the case was on direct
28:45appeal, no new evidence could be
28:46considered. The timing for filing a
28:49motion for a new trial
28:51in the trial court, the last chance to
28:53introduce new facts before an appeal
28:55begins, had already expired. Chestnut
28:58and Boynton, Walter's lawyers for the
29:00initial trial, had filed a motion before
29:02withdrawing. And Judge Key had quickly
29:04denied it. Darnell said he told Walter's
29:07formal former lawyers what he told me,
29:10and they had raised it in the motion for
29:12a new trial, but no one took it
29:13seriously.
29:15In capital cases, a motion for a new
29:17trial is rarely granted. But if the
29:19defendant claims new evidence
29:21that could lead to a different outcome
29:23in the case, or that undermines the
29:25reliability of the trial, there is
29:27typically a hearing. After speaking with
29:30Darnell, I thought about refiling his
29:31assertions before the case went up on
29:33appeal. Maybe, just maybe, we could
29:36persuade local officers to retreat from
29:38the case against Walter. I made a motion
29:41to reconsider the denial of a new trial
29:43for Walter. I got an affidavit
29:46from Darnell stating that Hooks'
29:47testimony was a lie. I took the risk of
29:50talking to a few local lawyers about
29:52whether the new prosecutor might
29:54acknowledge that the conviction was
29:56unreliable and support a new trial if
29:58there was compelling new evidence.
30:00I was still sorting out how to proceed
30:02when Darnell called at me at my office.
30:05"Mr. Stevenson, you have to help. They
30:07arrested me this morning and took me to
30:09jail. I just got out on bond." What?
30:12"I asked them what I'd done." He sounded
30:15terrified. "They just came and arrested
30:17me and told me I had been indicted for
30:19perjury."
30:20Perjury? Based on what you told Mr.
30:22McMillian's lawyers a year ago?
30:24I hung up with Darnell, shocked and
30:26furious. Indicting someone for perjury
30:28or lying under oath without any
30:30investigating investigation or evidence
30:33was unheard of. Police and prosecutors
30:35had found out that Darnell was talking
30:37to us, and they decided to punish him
30:39for it.
30:40Indicting Darnell was a worrisome signal
30:42that the prosecutors were willing to
30:44threaten and intimidate people who
30:46contradicted them.
30:48I called Tom Chapman, Monroe County's
30:51new District Attorney, to set up a
30:52meeting to discuss why authorities had
30:54arrested Darnell for speaking up. I'd
30:56heard that Chapman, a former criminal
30:58defense attorney, would be fairer and
31:00more sympathetic to someone wrongly
31:02convicted than lifelong prosecutor Ted
31:04Pearson.
31:05Chapman was in his 40s and had talked
31:07about modernizing law enforcement in the
31:09region. I was hopeful. On my way to his
31:11office, I decided to give him a chance
31:13to explain what was going on. This was
31:15my first meeting with anyone associated
31:17with Walter's prosecution, and I didn't
31:19want to begin with an angry accusation.
31:22Perhaps the people who had prosecuted
31:24Walter were just misguided, even
31:26incompetent. I knew some of them were
31:28bigoted and abusive, but I guess I held
31:30out hope that they could be reoriented.
31:34The Monroe County Courthouse is situated
31:35in the heart of downtown Monroeville. I
31:38walked through it until I found the DA's
31:40office. I announced myself to the
31:41secretary who eyed me suspiciously
31:44before directing me into Chapman's
31:45office.
31:46I'd met prosecutors who dressed like
31:48they would rather be out hunting ducks
31:50than running a law office, but Chapman
31:53was professional and courteous and
31:55approached me with a pleasant demeanor.
31:57I was intrigued and looked forward to a
31:58candid conversation. After we chatted
32:01for a bit, I got down to business.
32:04I'm very concerned about this McMillian
32:06case. I've read the record and to be
32:08honest, I have serious doubts about the
32:10his guilt and the reliability of this
32:13conviction.
32:14Well, this was a big case. There's no
32:16doubt about that. You do understand that
32:18I didn't have anything to do with the
32:19pro- prosecution, don't you? He replied.
32:22Yes, I do, I nodded. This was one of the
32:24most outrageous crimes in Monroe County
32:27history, and your client made a lot of
32:29people here extremely angry. People are
32:31still angry, Mr. Stevenson. There's not
32:33enough bad that can happen to Walter
32:36McMillian for some of them.
32:38This was a disappointing beginning. He
32:40seemed completely convinced of Walter's
32:42guilt, but I pressed on.
32:45Well, it was an outrageous tragic crime,
32:47so anger is understandable, I said, but
32:50it doesn't accomplish anything to
32:51convict the wrong person. Whether Mr.
32:54McMillian has done anything wrong is
32:56what the trial should resolve. If the
32:58trial is unfair or if witnesses have
33:00given false testimony, then we can't
33:02really know whether he's guilty or not.
33:04Well, you may be the only person right
33:06now who thinks the trial was unfair.
33:08Like I said, I wasn't involved in the
33:10prosecution.
33:12I was becoming frustrated and Chapman
33:14probably saw me shift in my seat. I
33:16thought about the dozens of black people
33:18I'd met who had complained bitterly
33:20about Walter's prosecution
33:22and I was starting to see Chapman as
33:23either naive or willfully indifferent or
33:26worse.
33:29I'm not the only person with questions
33:31about this case, Mr. Chapman. There's a
33:34whole community of people, some of whom
33:36claim to have been with Walter McMillian
33:38miles away when the crime was committed,
33:40who believe in his innocence. There are
33:42people for whom he's worked who are
33:44absolutely convinced that he did not
33:46commit this crime.
33:48I've talked to some of those people,
33:50Chapman responded, and they can only
33:52have uninformed opinions. They don't
33:54have facts. Look, I can tell you right
33:56now that nobody cares who slept with
33:58Karen Kelly. There's evidence that
34:00implicates Walter McMillian for this
34:02murder, and my job is to defend this
34:04conviction. He was becoming more
34:06argumentative and his previous calm
34:08voice was rising in anger.
34:11Do you intend to prosecute everyone who
34:13challenges the evidence? My voice was
34:15now rising in exactly the way I wanted
34:17to avoid, but I was provoked by his
34:19attitude. A perjury indictment seems
34:22like a tactic designed to intimidate and
34:24discourage people from coming forward
34:26with evidence that contradicts the
34:27state's case. The charge against Mr. for
34:30seems really inappropriate, Mr. Chapman,
34:32and legally indefensible.
34:35I knew I was lecturing him, but I wanted
34:36him to know that we were going to defend
34:39Walter in a serious way.
34:41Chapman's voice shifted from
34:42argumentative to blandly matter-of-fact.
34:45"Don't worry, I may drop the perjury
34:47charges against Houston. Now that the
34:49judge has denied your motion to reopen
34:51the case, I don't have any interest in
34:53pursuing charges against Darnell
34:54Houston. But, I do want people to know
34:57that if they make false statements
34:59concerning this case, they are going to
35:01be held accountable."
35:02I was confused and a little stunned.
35:05"What are you talking about? The motion
35:07to reconsider has been denied?" "Yes,
35:10the judge had already denied your
35:11motion. You must not have gotten your
35:13copy or of his order. He's down in
35:15Mobile now, so sometimes there are mail
35:18issues."
35:19I tried to conceal my surprise about the
35:21court's ruling on the motion without
35:23even permitting a hearing.
35:25I asked, "Do you So, you have no
35:28interest in investigating what Darnell
35:30Houston is saying about the possibility
35:32that the state's main witness may be
35:33lying?"
35:35"Ralph Myers is the state's main
35:36witness." It was clear that Chapman had
35:39looked more deeply into the case than he
35:40had initially claimed.
35:42"Without Hooks' testimony, the
35:43conviction wouldn't be valid," I said,
35:45leveling my voice. "State law requires
35:48confirmation of accomplice testimony,
35:50which can only come from Hooks. Mr.
35:52Houston says that Hooks is lying, which
35:54makes his testimony a critical issue
35:57that should be heard in court." I knew I
35:59was right. I knew that what I was saying
36:01wouldn't persuade Chapman, but I felt
36:04the need to say it anyway.
36:06I left his office extremely frustrated.
36:08Reading the record had shown me
36:11that there were people who were willing
36:13to ignore evidence, logic, and common
36:15sense. Their only goal was to convict
36:18someone and reassure the community that
36:19the crime had been solved and the murder
36:21punished.
36:23I'd seen the abuse of power in many
36:25cases before, but these were There was
36:27something especially upsetting about it
36:30here, where not only a single defendant
36:32was being victimized, but an entire
36:34community as well. I filed my stack of
36:36motions in Darnell's case just to make
36:38sure that they knew we would fight them.
36:42Darnell was thrilled to hear that the
36:43charges against him would be dropped,
36:45but he was still shaken by the whole
36:47experience. Mr. Stevenson, all I wanted
36:50to do was tell the truth. I can't go to
36:52jail, and I'll be honest, these folks
36:54have scared me.
36:56I understand, I said, but what they did
36:58is illegal, and I want you to know you
37:00have done nothing wrong. They're the
37:02ones who have acted very, very
37:04inappropriately. They're trying to
37:05intimidate you. I reminded him that I
37:08was now his lawyer, and that he could
37:09refer anyone who gave him trouble to me.
37:12He looked a little relieved, but was
37:14still pretty rattled when I left.
37:16I got in my car with the sinking
37:18realization that if anyone everyone who
37:20tried to help us on this case was going
37:22to be threatened, it would be very
37:24difficult to prove Walter's innocence.
37:26Arresting someone for coming forward
37:28with credible evidence that changed the
37:30reliability of a capital murder
37:32conviction, the more I thought about it,
37:34the more disoriented and provoked I
37:36became. It was also sobering. If they
37:39arrested people who said things that
37:41were inconvenient, how would they react
37:44if I challenged them even harder?

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