|
Just Mercy (2019)
All right, let's chop and load!
Good evening now, Officer. Y'all need my license or anything I got? No, that's not necessary. Some sharp-looking truck you got. Thank you. Those rims look like they cost you a pretty penny. Who you've been working for? No, sir. I don't work for nobody. I got my own pulpin' business. I clear all these trees around here. So ain't got no boss to check in with, huh? That must be pretty nice. Free to roam up down the road wherever you want to, whenever you want to in this fancy truck? Not if my wife got somethin' to say about it. I heard that ain't stopped you before though. Ain't that right, Johnny D? You wanna make a break for it? No, sir, I don't wanna do-- 'Cause after what you've done, I'm looking for any excuse to get this over with right here right now. Sir, I ain't did nothing, and I think y'all got a wrong person in. Y'all got me confused with somebody, and I think-- I got you confused with nobody! I don't have anything to do with this! We all know Monroeville as the peaceful town where Harper Lee wrote To Kill A Mockingbird. But last year, that peace was shattered by a brutal crime. On the 1st of November, 18-year-old Ronda Morrison was found dead at Jackson Cleaners. Morrison had been strangled and shot by Walter McMillian, known locally as 'Johnny D.' McMillian was convicted by a jury who recommended a life sentence. But today, Judge Robert E. Lee Key overrode their decision and sentenced McMillian to death. We promised the community that we would find him, and we did. You commit a crime like this in my town, one way or another, you gonna pay for it. As McMillian awaits execution at Holman Correctional Facility, a grieving community can take some solace in knowing that today, justice has finally been served. Thank you. You got one hour. Hi, Mr. Davis. I'm Bryan. Henry. I'm... The Southern Prisoners Defense Committee, they sent me here to tell you that they don't have a lawyer for you yet, but they hope to soon. You not a lawyer? No... I'm still in school. Just interning here for the summer. So, you can't tell me nothin' about my case? I was supposed to tell you that... That you're not at risk of execution any time within the next year. Can you say that again? That you're not at risk of execution any time within the next year. That's the best news that I've heard in a long time. I didn't want my wife with kids showin' up if I had an execution date comin'. Now they can come visit. Thank you. Thank you. Serious, my ma made me join our church choir when I was like four. I sang lead baritone all through high school. I played piano at my church growing up. A.M.E.? God is good... All the time. All the time. A couple of A.M.E. choirboys hangin' on death row. - My mom would gonna trip. - Man, that's crazy. What school are you going to? I'm at Harvard. Seriously? You goin' to Harvard? That's white-boy-status, bro. What the hell you doin' slummin' it in here for? I'm in law school 'cause I just want to help people. Just haven't figure out the best way to do that yet. Honestly, this internship has been the best experience so far. Workin' on death row has been your best experience? You need to get out more, bro. You should've been done two hours ago. I'm sorry. I didn't realize-- You're supposed to watch the clock. Sir, calm down! He didn't do anything! - You need to shut your mouth! - It's okay, Bryan. Don't worry about me. You just come back. I'm pressing on, the upward way New heights I'm gaining, every day Still praying as, I'm onward bound Lord, plant my feet on higher ground Mom's still mad at you. For what? I don't know, maybe for rejecting all those job offers so you can be poor in Alabama. And Howie telling her about that lynching in Mobile didn't help. What? - I said it happened seven years ago. - Yeah, that made it better. You two were supposed to be on my side. Pop, how we looking up there? Just added three quarts of water, but you should check again when you get there. All right. Thanks. You talk to your mom yet? What did those leaves do to you? You not gonna say bye to your son? I know you got your law degree now, and you think you're grown, but you're still my child. And I'm the one that has to deal with your funeral arrangements if you get killed down there. - Come on, Mom-- - You think this is funny? 'Cause if you can't see the danger in what you're doing, you need to ask Harvard for your money back. You used to be smarter than that. The first time I visited death row, I wasn't expecting to meet somebody the same age as me. Grew up on the same music, from a neighborhood just like ours. It could've been me, mama. I don't wanna move far away from you. I love you. But you always taught me to fight for the people who need the help the most. I am very proud of you, son. I know your heart's in the right place. But it's not that simple. What you're doing is gonna make a lot of people upset. You better be careful. I will. I promise. Here she comes. You gotta be kiddin' me! We had an agreement to rent this space for two years. You said it was a done deal. That was before I knew what you were doing here. We are giving poor people their constitutional right to counsel, Bill! Do you mind explaining to my son what you think is so wrong with that? - Eva, what's up? - Bryan, thank God. This is the Executive Director of our organization. He just got here, he was expecting to move into the office that you promised us. You said you were the director. Director of operations. And you're making me look very bad in front of my boss right now. She said you were a lawyer, but nobody told me it was for murderers on death row. We're providing legal services to people who need help. And you'll have to do it someplace else, 'cause I can't have people like that around here. Not everyone is in there for a good reason, sir. Y'all have a good day now. What a piece of shit. I'm so sorry, this is not how I wanted to welcome you here. I will find us an office, I promise you I will. I just gotta change my tactics. It'll be fine, we can work from anywhere. Yeah, we'll just have Chris clean up his toys in the living room, right Chris? - Oh, yeah? - I'll think about it. - I'm sorry for cussing, baby. - It's okay. He was a piece of shit, though. I was a psychology major writing a paper on capital punishment when I met my first death row inmate, Wayne Ritter. He and his friend robbed a pawnshop in Mobile. His friend shot the owner and they both got death. Is he the reason why you got into this? His attorney was openly in favor of the death penalty. He thought mad dogs ought to die. A lot of folks on the row either had shitty representation or none at all. So, I just started calling every law firm in the Yellow Pages, just trying to find anybody that could help. I was averaging 20 rejections a day. She was pretty stressed out. I was just about to give up, when I got a call from a Harvard lawyer saying that he had just passed the Alabama Bar, and had federal funding to start a legal center for inmates on death row. I was in before he even offered me the job. And before you knew I couldn't pay you anything. What's that? Yeah, Dough doesn't know about that part yet. Sorry, honey. How is going, son? You seem tired. Okay, let's go brush your teeth. Excuse us. I'll make up the couch for you, Bryan. I'm excited about what you're doing. Me too. I should be in the log. I'm scheduled to see six clients today. I ain't seen you before. It's because I just moved here. You really a lawyer? Yes, I am. Gonna have to search you. Just go in that room there and take everything off. Attorneys aren't strip-searched for legal visits. You ain't gonna visit shit unless you get in that room and strip. Let's go. Pants and underwear. Bend over and spread. You're clear. I f-fought in Nam, First Cavalry Division. Saw a lot of f-friends die. Doctor said I g-got the PTSD. I did what they s-s-said I did. I put the bomb on her porch. I know it d-don't make sense, but I didn't mean to kill nobody. I think they gonna s-s-set my execution soon. Last lawyer said there ain't nothin' left to do. There's always something that we can do. Whatever you did, your life is still meaningful. And I'm gonna do everything possible to keep them from taking it. Tell me everything that happened. I was given a court-appointed lawyer, and he was pretty pitiful. Never really talked to me about setting up a defense. I probably met a dude for 30 times. Literally. He told me that it would be in my best interest to plead no contest to all of those charges. I plead not guilty, I said I didn't do it, I didn't have nothing to do with that. You're 20 right now, if you take this plea and you do the whole time you'll only be 45 when you get out. In the middle of my trial, which only lasted 25 minutes till I out, which is unheard-of. He wouldn't let me take the stand, So, I ended up firing him and deal with it. The judge laughed at me and said rehabilitation was a 70-year-old joke. My lawyer... He was there, but he wasn't there. It was like I was by myself. Last lawyer I had sat where you sit and say... Johnny D, don't worry about nothin', everything it will be aight. Then, they put that death sentence on me. Family run out of money. Money run out, he run out. What you gonna do different? The first thing we can do is apply for a re-trial-- Already did that, they denied. It's right there in your file, so... Okay, then we can ask for a reconsideration on that. Then, a direct appeal to the Court of Criminal Appeals, and work our way up to the State Supreme Court. If we get denied there, we can file a Rule 32. Then, a federal habeas petition. And if all that fails, Mr. McMillian, we can take your case all the way to the Supreme Court. You don't know what you're into down here, don't you? You think all those fancy words is gonna get you somewhere 'round here in Alabama? All they gonna do is eat you alive and spit you out just like every other black man they do when he stepped outta line. You come out in here with them fancy suits. Talking like a white. These people don't give a damn about that. The only suit they wanna see a nigga in is the suit I got on. Mr. McMillian, I can see how that be hard-- No, you don't! No, you don't. No, you don't. You're rich boy from Harvard, you don't what it is down here. When you guilty from the moment you born. And you can buddy up with these white folks, and make them laugh, and try to make them like you, whatever that is, and you say "yes, sir", "no, ma'am", but when it's your turn, they ain't gotta have no fingerprints, no evidence, and the only witness they got made the whole thing up. And none of that matter when all y'all think is is that I look like a man who could kill somebody. But that's not what I think. You know how many people been freed from Alabama death row? None. What make you think you gonna change that? I ain't doin' this shit again. - Guard! - Mr. McMillian. We're done here. Mr. McMillian, please! I'm here to help. What's up Johnny D. Johnny D. Johnny D, you there? 'Sup, Herb? Ray there? Ray. Unavailable at the moment. Where you at? Buckingham Palace. I'm having tea with the Queen. She's a very nice lady. I'll let you know when we done. Johnny D, what did you think of the lawyer? I think he a kid, doesn't know what he telling about. Makin' all of these promises he ain't gonna be able to keep. I thought he was nice. Nice? What the hell you wanna nice lawyer for? Nice ain't gonna get you shit! Look at Johnny D. Nice as a puppy, yet he in here with us. I didn't know you thought about me like that, Ray. You nice and everything. You're not as nice as La Toya Jackson, but for old man on the row, you aight. I thought you said I was the old man. Johnny D is old, Herb, you more ancient. Sorry to tell you. Herb, turn that music up. You got it. Bryan, did you get any sleep? I don't think McMillian did it. The State based its entire case on a testimony of one man. Ralph Myers. Myers spent most of his life in and out of prison. When he testified, he was on trial for a different murder, which he ended up getting 30 years for. Seems like a pretty good deal. In his statement, he said that Johnny D approached him at a car wash and forced him at gunpoint to drive to Jackson Cleaners because his arm hurt. That sounds logical. When they get there, Johnny D tells him to wait in the truck while he goes inside. And while he's waiting for his kidnapper, he doesn't run, he doesn't go to the police, instead he drives to the liquor store for cigarettes, and then comes back to the crime scene. Excuse me? Myers hears a gunshot, goes inside, and sees the body of Ronda Morrison lying on the ground face-up and Johnny D standing over her with the gun with some older white guy who he claimed 'was in charge.' - Anyone tryna look for him? - Exactly. They have one other witness to back his testimony, a young black man named Bill Hooks. Says he saw Johnny D's lowrider truck leaving the cleaners around the time of the murder. And that's it. That's all they have. So, an 18-year-old white girl is murdered in broad daylight, and the Sheriff can't solve the crime for how long? Almost a year. And then some other guy who's charged with a different murder says that he can tell them who did it if he gets a lower sentence. And the guy that he says did it, happens to be a black man from a poor community that no one would think twice about? There's gotta be more evidence than this. I wanna set a meeting with the D.A. Tommy Chapman just took over for Pearson a few months ago. He used to be a public defender. Maybe he's not aligned with the rest of them. You visit the Mockingbird Museum yet? No, ma'am. It's the old courthouse Harper Lee's daddy used to work in. You can stand right where Atticus Finch once stood. Mr. Stevenson? I'm Tommy Chapman. - Hey. - You found us okay? - I did. - Good, follow me. Thank you, Tracy. A lot of people are very keen to meet you, Mr. Stevenson. Oh, really? Yeah, you're a Harvard lawyer who's moved to Alabama. And now you start takin' on all these capital cases. People just wanna know what your intentions are, I guess. We're just tryna give legal assistance to people who can't afford it. The legal assistance is one thing, but tryin' to put convicted murderers back on the street is somethin' else entirely. Anyway, you didn't come all the way down here to talk about that. What can I do for you today, Bryan? I wanted to speak to you about Johnny D. McMillian. You know I wasn't part of his prosecution, right? That was way before my time. And that's exactly why I wanted to meet you. You see, I've read through the record quite a few times now, and I have some serious doubts about the reliability of his conviction. If you could take a look at the sections I highlighted here, you'll see some problems with Ralph Myers' testimony. Man, this is one of the most outrageous crimes in Monroe County history. Your client made a lot of people very angry. I understand that, but there are some serious problems with this case, and I was hoping that I could get your support to figure out what really happened. I already know what happened. Johnny D. McMillian was convicted by a jury of brutally murdering a teenage girl in my community. Man, it is my job to defend the integrity of that conviction. Even if that conviction is based on false testimony? You're the only one I know who thinks that. Then I must be the only one who read that record, because it's pretty obvious. That man caused a lot of pain, a lot of pain for folks 'round here. And if you go diggin' in those wounds, you're gonna be makin' a lot of people very unhappy. Well, it isn't my job to make people happy, it's to achieve justice for my client. Well... Ralph Myers' two confessions, and a statement from Bill Hooks. I asked for copies of all the police and witness statements. And that's what you're holding. This is a joke. Where's the rest of it? That's what's relevant to McMillian's case. If you want more, you'll have to file a discovery motion with the court, just like anybody else. Thanks for coming by today, Mr. Stevenson. - Expect that motion soon. - I'll look forward to it, Counselor. You wanna check out the Mockingbird Museum on your way out of town. It's one of the great civil rights landmarks of the South. Helping a black man convicted of killing a white girl is political suicide in that county. I'm sure he's been reminded of that by whoever got him his job. The way he was talking... I don't even think he read the record. That doesn't surprise me. Hey, Chris. Bobby. - Come on in and get your snack. - Okay. I'm gonna stop by Jackson Cleaners on my way to meet his family. Okay. If I don't hear from you by morning, I'll send a rescue party. I hope that's a joke. Me too. You just be careful, okay? You the lawyer? Yes, ma'am. My name is Bryan Stevenson. I'm Johnny D's wife, Minnie. Pleasure to meet you. Thank you so much for drivin' all the way out here. Most lawyers barely make time to call. This is our youngest son, John. A baby girl, Jackie. I hope you don't mind, a few of our neighbors stopped by to hear what you got to say. Just a few? - Come on, you'll be all right. - Okay. Hey, now! We ain't gonna get nowhere with everybody quackin' at the same time! Let Mr. Stevenson talk. It's pleasure to meet... all of you. Thank you. Now I know you all have a lot of questions. But I really would love to hear from you guys first, just to get a better understanding of your perspective on things. Our perspective is there ain't no way Johnny D did this crime. The morning that girl was killed, we was all havin' a fish fry here to raise money for the church. Johnny D was here, mornin' till night, workin' on his truck with John. You were with your dad that day? Yeah, we was up at six in the morning to put the truck on the rack. Jimmy was there, too. Yeah, we had that trendy clean out by 9:30. How he supposed to go kidnap some crazy white man all the way in Evergreen, then drive back to Jackson Cleaners to kill that girl at 10:15 if his truck ain't got no transmission? How many of you-all were with Walter that morning? My husband could've never done this, no kind of way, whether we was with him or not. He is just not like that. Everybody know they went after him 'cause of that woman. Sorry, Minnie. It's okay. It ain't no secret. Few months before the murder, Johnny D got caught messin' around with a white woman in town. When her husband found out about it, he made sure everybody knew. People started talkin', and the stories kept growin'. He went from a cheat, to a drug dealer, to head of the Dixie Mafia. So, by the time somebody called him a murderer, ain't nobody thought twice about it. They can call it what they want. It's just another way to lynch a black man. There ain't no excuse for what my husband did to me and his family. Damn fool hurt me bad. But he still the daddy of my kids. And I really don't know what I'm s'pose to tell them about stayin' out of trouble when you can be at your own house, minding your own business, surrounded by your entire family, and they still go and put some murder on you. It's not just Dad. We feel like they put us all on death row, too. I can only imagine the pain that you're going through. But I'm gonna do everything I can-- The last lawyers was talkin' jus' as big as you, then they took all our money and split. Why you different? Well... Our organization will cover all legal fees. So, none of you will ever have to pay a penny. It's clear to me that this trial was constructed with lies. And based off everything that I've seen, I think we could build a case strong enough to bring Johnny D home. And I'm not gonna stop until I've done that. Well, you seem like good people to me, but Johnny D is the one you gonna have to convince. I don't know about the rest of y'all, but I was sold on "y'all won't pay a penny." Mr. Stevenson? Call me Bryan. Okay. This is my friend, Darnell. He has something he wants to talk to you about. Come on. I think I can prove he's innocent. You heard of Bill Hooks, right? Yeah. He testified that he saw Johnny D's truck at the cleaners that morning. Bill didn't see shit. He made the whole thing up. How do you know that? 'Cause I was with him. We was workin' at the shop together. The morning of the murder? Yes, sir, we was fixing the head gasket on a Camaro from eight in the morning till right after we closed at lunch. He was right next to me when them sirens was goin' off. Why would he lie? 'Cause the snitch cut a deal with the cops. They had 'im locked up for burglary, and the day he gave his statement, he walked out free, all charges dropped. We told one of the other lawyers and they do nothing about it. Would you be willing to sign a statement we could use in court? Police would see my name? It would be on the record. Darnell, exposing yourself like this is not easy. But with your testimony we can file a motion to reopen Johnny D's case. Darnell, we need you. Okay, I... All right. - Good morning - Good morning. Thanks for seeing me again. I know the last time we met things didn't go quite the way I-- I just can't believe you met my family. Drove down that dirt road, crammed up in that little house, talked to all of my people, to say you gonna try to fight for me. That mean a lot. It meant a lot to me, too. Minnie wanted me to give this to you. And if you don't mind, I have something I wanna show you. It's a statement from Darnell Houston saying that he was with Bill Hooks three miles away at the time of the murder. So, there's no way he could've seen your truck there. That's good, right? It's very good. I'm gonna submit this with a motion for a new trial. I know you talked to Minnie, she told you what I did to her... I got no excuse for cheatin' on a woman. 'Cause I ain't good as she been to me. I don't know why she standin' by me. She's standing by you because she knows you shouldn't be in here. And so do I. I know you didn't kill Ronda Morrison. And I can help you prove that in court, if you'll let me. You met my whole family, you know everythin' about 'em. I don't know nothin' 'bout you though. - What would you like to know? - I wanna know it all, like why you... Why you doin' this? - Why am I a lawyer? - No, no... Why is you a lawyer down here in Alabama, taking these cases that ain't nobody gonna pay you for? I grew up down a road just like yours, playing soccer in a dirt field, with the pigs and chickens... Used to pump sewage from my yard. When I was a teenager, my grandfather was murdered over a black-and-white TV. We kept waiting for someone to show up to help, they never did. And that's when I realized that outside of my community nobody cared, because to them, he's just another black man killed in the projects. I know what it's like to be in the shadows. That's why I'm doing this. That's a pretty good reason. Okay. Okay..? Let's get to work. Okay. Yo, Johnny D. You signin' up with that lawyer? I'm gonna give him a try. Seems like everybody on the row workin' with him now. I'm starting to feel left out. Is he really that good? I hope so. What you think, Herbert? Should I just dump my guy and make the switch-over? Herb, you hear me? You there? I'm here. Herb, you okay? They s-set my d-date. Herb, don't you worry about nothin' that, everything gonna be aight, okay? Ain't nothing over yet. You got Bryan working for you now. I-I ain't like you guys. I d-d-deserve what's comin'. There, you go talkin' out your ass. You fought for this country, and they do you in the bag, like a trash... That war made you sick in your head, man. You supposed to be in a hospital. Not here. When I told the cops that stopped me I was innocent, do you know what they say? One of you niggers did it, and if it weren't you, you take your one for your homie. Johnny D's prosecutor say he know he killed the girl because of the way he looked in his mug shot. You don't deserve this shit more than any of us, Herb. A girl is dead because of me. That don't give nobody the right to kill you back. Herbert was 18 when he went to Vietnam. He was the only survivor in an ambush that killed his whole platoon. After that, he had a mental breakdown, attempted suicide, and was sent home on an honorable discharge. Back at home he continued to suffer from nightmares, crying fits, running out of his house screaming 'incoming' to his neighbors. His lawyer didn't even mention military service or mental trauma to the jury. A few months after the trial, he was disbarred for misconduct. Of course, he was. Okay, what can we do? Since he's already been through the appeals process, the statutes of limitations are gonna make it hard for a judge to listen. We will have to try and make them. I can start on a motion tonight. - Hello? - Okay. It's for you, Mom. Thank you, sweetie. Hello? You the bitch workin' for that nigger lawyer? Who the hell is this? The guy who put the bomb under your house that's gonna blow your family all to hell. if you don't stop workin' for that nigger Johnny D. Everybody out of the house! - What's going on? - I'll tell you outside. They didn't find anything. Are they sure? - Did they check the basement. - They said they checked the basement. Okay, baby. Let's get you to bed. When you asked me to do this thing with you, I knew that I'd lose some friends, have people talkin' shit behind my back, or to my face. I don't need people to like me as long as I'm doin' what I'm supposed to do. But threatenin' my family... Eva, you know I'd never blame you if you needed to stop. I don't want my son growing up knowing that his mom stopped doing what was right just because she was scared of some crazy bigot. Okay? What are we gonna do about McMillian? We start the investigation from scratch. Find anyone in town who's willing to talk. Maybe people will stop tryna kill us once they realize how charming we are. I just wanted to ask you a couple of questions about the Ronda Morrison murder. It's just... You were on the witness list for the Ronda Morrison trial a few years back-- Sorry, can't help you with that. Is there anything-- Anything at all that you feel comfortable talking to me about-- If you are not workin' for that poor girl's family, then I ain't got nothin' to say to you. Sorry, sweetie. Officer Ikner? Ain't no officer no more. I'm a lawyer representing Johnny D. McMillian, I understand you were the first officer on the scene? I was right! The fish fry was on Saturday, November 1st, same day as the murder. They put these up all over town. I could kiss you, Deb. We're planning to grow this into something the whole country will be talkin' about, and you can say that it all started in your building. What exactly kind of work do you do? We're just helping people. - Looks good. - It's perfect. My client, Herbert Richardson, was recommended for a Medal of Valor for disarming a bomb in Vietnam. We got a tip that a few of your employees can back his alibi. Vivian Clark was one of the teenagers who were sexually abused at your facility. No, I'm not an attorney, but I promise you, your son is in very good hands. Equal Justice Initiative, this is Brenda. Okay... Yes... Just one moment. Darnell Houston. Hello, Darnell. Whoa, whoa, slow down. Where are you? - Are you okay? - No, sir. I'm not. Okay, Darnell, let's go talk in my car. Okay. How in the hell they lockin' me up for perjury if alls I did was say the truth? I knew I shouldn't a signed that paper, man. Shouldn't a listened to you. What they did to you was completely illegal. I'm gonna talk to the D.A. and get all of these charges dismissed. - This will never happen again. - How the hell do you know? You can't control these guys. They arrested me in the middle of my shift, in front of my boss. I don't even know if I got a job tomorrow. I feel bad for what they doin' to Johnny D, but I'm just tryin' to survive. I can't fight these guys, man. You gonna have to find somebody else. Darnell, think about Johnny D, okay? Think about his family. They need you. Give me some time to work on this. That's my ride. Tell Johnny D I'm sorry. I need to speak with you! Hey, Bryan. Have you met Sheriff Tate? Who ordered the arrest of my witness? If people make false statements concerning this case, they're gonna be held accountable. You can't arrest someone for perjury without evidence that a false statement has been made. Hang on, you're representing Mr. Houston now, too? Yes, I am. His statement contradicts Bill Hooks' entire testimony. Hooks isn't the state's main witness, Ralph Myers is. Alabama code 12-21-222 requires corroboration of accomplice testimony, so, without Hooks, the conviction wouldn't be valid. I went down to see Ronda Morrison's mama yesterday. She's in tears, she kept asking me why some lawyer from up north would come down here and make them relive all this hell again. You can tell her it's because Johnny D didn't kill her daughter. And whoever did is still out there somewhere. I know how desperate you must be to fulfill your fantasy of who we are down here. Just a bunch of corrupt Southern racists framin' niggers for murder. And you here to save the day. Hell, you can believe in that if you want to. But I know that Johnny D killed that girl, he's gonna answer for it. How do you know that? You have no hard evidence. You based your entire case on the word of an indicted felon who had every incentive to tell you what you wanted to hear. - Ralph Myers testified on his own accord! - And it made no sense! He couldn't finish a sentence without contradicting himself. The charges against Darnell Houston are baseless. They'll never stand up in court. They should be dropped immediately. Okay. - Is that okay with you, Tommy? - Sure. It doesn't really matter. Now that court denied your motion to reopen the case. What was that? You didn't get the order? The judge is down in Mobile now. Sometimes they have mail issues. You can tell Mr. Houston the charges against him are being dropped. I can do that much for y'all, but anything else will have to be raised on appeal. Thanks for stoppin' by, Counselor. - Something wrong, Officer? - Step out of the vehicle. I don't understand. I wasn't speeding. I said step out of the vehicle. I'll get out of the car, but first, can you tell me why you stopped me? Get out of the goddamn car! Okay. Okay. Come on! - I'm taking off me seat belt. - Come on! I'm opening up the door. I'm stepping out. Faster! Come on! - I have nothing in my hands. - Turn around! Hands on the car! You don't have to have a gun pointed at me. I'm not a threat. Shut your damn mouth, boy! Hey, brother. You oughta be careful with your words when you got a gun at your head. Let's go, Joe. Why did you stop me? We're letting you go. You should be happy. Even if they drop them charges, Darnell ain't gonna testify after what they have done to him. I know we took a big hit. We did. But we just need to gather more evidence for another motion. They will block it. If they can put me on the row for a year without no trial, they can do whatever the they wanna do. They put you on death row before your trial? Sheriff drove me hisself. Said, I'm gonna give you a little taste of what it's like, unless you confess. - Why are you just now telling me this? - This is how it is down here. Been like that as long as I can remember. They're messing with you, ain't they? They're not making it easy on me. I got a plan for you though. I'm all ears. This is what I think we should do. I think you should train up another lawyer, 'cause I'm gonna need somebody just in case they take you out. It's like that? Like that. It's like that. - I thought I had a friend. - Ain't no friends in here. - Cold world. - Yeah. So, if we ain't got Darnell, what's the next move? I think we should talk to Ralph Myers. - Walter. - No. Just listen to me for a second. I know it's risky, but the only way to find out what he really knows is for me to get him talking. I know what he know. You know what that man did to me? Took my life away from me, to save his own ass. All he gonna give you is lies. I promise. I'm gonna be careful. Mr. Myers. You Bobby? I'm Bryan. Maybe later. Okay. Do you wanna sit down? You gonna buy me a Coke first? Or you gonna make me stare at them vending machines all day? Sure. What do you want? - Sunkist Orange. - Okay. And some Jujyfruits if they got 'em! I just wanna say thanks for meeting me, Mr. Myers. Can we start by talking about your testimony against Johnny D? No. I ain't talkin' about him. That's the only reason why I'm here. You don't like it, leave. Don't look so sad, we can talk about other things. I love to talk. My wife says if I got paid for every word I said, we'd be a couple a billionaires by now. Oh, yeah? How long you been married? Long enough to pop out a couple a' kids and watch her turn 'em all against me. - You got kids? - Me? No. But Johnny D does. The thing about kids is, they ain't nothin' like havin' a dog. It's a totally different deal. I wish somebody told me that in the first place My kids, they think they got it so bad, they ain't seen nothin' like I seen. Try makin' it as a foster kid your whole life, soon as you figure out one shitty parent, they movin' you to a new one. I'm sorry. I'm sure that wasn't easy. How many kids he got? Johnny D has three. Mr. Myers, I know you made a deal with the State, but I don't think they told you Johnny D was gonna die because of it. That must not be an easy thing to carry. And I'm hoping there's a part of you that wants to make things right. Can we please talk about your testimony? From the day they moved my ass up in Escambia, for something I'm tellin' you I ain't had nothing to do with, all them police wanna talk about was Ronda Morrison. It was Morrison this, Morrison that. Sometime four or five of 'em in the room at the same time. They were questioning you about her the day you were arrested? Alls I'm sayin' is, ain't nobody cared about a damn thing besides who killed that girl. And when people care about a thing that much, they'll do anything to get what they want. You know they'll kill you if you get to the bottom of this, right? - Where are you going? - We done here, Bobby. Thanks for the Jujies. Ready, boss! Myers said he was questioned about Ronda Morrison the day he was arrested on June 3rd. But the only statement they presented in court was recorded almost two months later. Do you think they're hiding his first statement somewhere? If they are, it might be at the Escambia Courthouse with the files from his other case. You know anyone over there? I do. That's everything we got on Myers. You can make copies over there. - Thank you, ma'am. - Sure, baby. He's cute. Married? Married to his work. How's Uncle Mickey doin'? He's buildin' another shed, 'cause the other two apparently ain't enough. Man's needs a project. Ms. Miller. Can I take a copy of these? They ain't payin' me enough to stop you. Did you find the transcript for Myers' first statement? Thank you. What? - I understand that, Sheriff... - That's Myers. That's what I'm trying to tell you, because I'm gonna be honest with you, I don't know a damn thing. - Is that right? - That's Tate. Yes, sir, it's righter than anything I've ever said. And you would take a polygraph test to the fact that you do not know who killed Ronda Morrison. That's right, sir, I will. Would face the person who came in here to testify-- I will face any damn body in this world on that, because it's a stone lie. And if you askin' me to frame an innocent man for murder, that just ain't somethin' I'm willin' to do. Holy shit. Herb, you aight over there? You gotta get to have your mind off tomorrow. Bryan is working on that as we speak. You know how these courts is, the wait till the last minute. But you gonna get that stay. - Why d-did I make that bomb? - Herb, don't go there, man. Why did I do that? I wasn't tryin' to hurt nobody. Herb, I know. Why am I s-so s-stupid? You ain't stupid. That war got you sick, and you still sick. Girl wasn't s-s-posed to come by and pick it up. She w-wasn't s'posed to come by. That's what we gonna do, Herb, we gonna slow your mind down. Remember what we practiced now. What we do? Deep breaths. Come on, do that with me now. Deep breaths. In and out. Now in. Now close your eyes. Get away from all of this. No more walls, no more guards, no more wars to fight. Just you, out in the open. Fresh air on your face... Look at them pine trees. They've been growin' since before we was born, and they gonna keep growin' even after we gone. And they have been through the same shit we have been through, but they still dancing in the breeze. Can you see 'em? Yeah. Good. Now I want you to think about nothin' else, just keep your mind on that. Everythin' gonna be aight. I need Strickland vs. Washington, and the affidavit from Herbert's Sergeant. Let's send it. Now what? We wait. EJI, this is Bryan Stevenson. Mr. Stevenson, the court has just entered an order in case number 89-5395; the motion for a stay of execution and petition for writ of certiorari have been denied. We'll fax copies of the order over to your office shortly. - Thank you. - Thank you. He asked me to be there. Okay. I'll drive you down. Come on, Herbert. We gotta go. Can I say b-bye to my friends? When it get too much for you, you take them deep breaths and let your mind go. Wish I didn't have to d-do this alone. You ain't by yourself, Herbert. We all with you. Ain't that right, Ray? That's right, Herb. You ain't rid of us yet. You've been a good friend. First time in the chamber, huh? Yeah. Don't think too much, or you'll lose your shit. You need anything, Mr. Richardson? You still gonna play my song? We got it cued up and ready. Thank you. It's been a strange day. More p-people ask how they can help me today than ever asked in my whole life. Do I look funny? I ain't know they was gonna s-s-shave off everything. You look fine. Most people d-don't get to sit and think all day about it being their last day alive. It's different than Nam. At least I had a chance there. I'm sorry. You're the only one c-cared enough to fight for me. Since I don't have family I t-told the Army to send my flag to you, if that's okay. I'd be honored. Can you pray with me? Of course. They're ready. You, Herbert Lee Richardson, shall be put to death by electrocution in the state of Alabama as ordered and agreed by judge, jury-- for the murder of Rena Mae Callins on August 16th, 1977. Mr. Richardson, do you have any final words you'd like to say? I have no ill feeling, and I hold nothing against anyone. We with you, Herb! We all with you! We love you, Herb! We love you, Herb! Hey. I hope this important news of yours comes with some food, 'cause I'm starvin'. Sit down, Mr. Myers. You was a lot nicer the last time. I heard the recording of the first statement you gave on June 3rd. The one they didn't present in court. You told the Sheriff you didn't know anything about Johnny D or the murder. You told him you didn't wanna frame an innocent man. Do you remember saying that? What I'm wondering, is how do you go from knowing nothing about the murder on June 3rd, to becoming the State's key witness three months later? What changed your mind? What's that? Intake log from Holman Prison. On August 1, 1987, Sheriff Tate transferred two inmates from county jail to death row. Johnny D... and you. Did they move you to death row because you wouldn't testify against him? They executed Wayne Ritter a few weeks after you got there. Isn't that right? I was in the witness room when they killed Herbert Richardson Thursday night. It was the most horrific thing I've ever experienced. I'm sure Ritter's execution wasn't easy for you, either. They put me in the cell closest to the kill room. Middle of the night, everybody started screamin', bangin' on the bars. And then... Then come the smell of his skin burnin'. I know that smell. May I ask you what happened? Seven years old. I was sleepin' in my foster mom's basement when her heater blowed up, catched my PJs on fire. I screamed for two minutes straight before they found me. Everybody knowed that I got a fear of bein' burned. They knowed what it would do to my head to be in a place like that. I couldn't stop shaking all night. Curled up on the floor like a baby, tryin' to breathe, but every breath you take just... give you another taste of the man they killed. You can't go through somethin' like that and come out the same. I know. I called that Sheriff the next morning, I told him... I would say whatever he wanted to get me out. He took my statement. Moved me to county the next day. Mr. Myers, we're going to court very soon to try to get Johnny D the retrial he deserves. And I'd like you to take the stand. No, sir. No, sir. They're using you... They're using you to condemn a man that you have much more in common with than you think. And if there's any part of you that wants to make things right, this is the last chance you gonna get. The tension is high this morning here at the Baldwin County Courthouse, where a hearing is being held to see if the man convicted of killing Ronda Morrison deserves a new trial. Miss Morrison was only 18 years old when she was murdered at Jackson Cleaners in Monroeville, Alabama. Many have taken the two-hour drive here from Monroeville to show their support. Extra security precautions were implemented due to the highly emotional nature of this case. Ronda Morrison's parents said they have no doubt Mr. McMillian is the man responsible for the murder of their daughter. But members of McMillian's family claim they have the wrong man. Much of today's hearing is hinging on the testimony of Ralph Myers, a convicted felon, who was the key witness against McMillian in the original trial. What we'll be talking about today is obviously an emotional issue. And if any of y'all don't think you can maintain a reasonable degree of decorum, then I would ask you to leave now. All right, if we are ready, then, we will proceed. Mr. Stevenson? Thank you, Your Honor. The State's case against Walter McMillian turned entirely on the testimony of Ralph Myers. It was no other evidence to establish Mr. McMillian's guilt. No physical evidence linking him to the crime, no motive, no witnesses. Only the word of one man. We call Ralph Myers to the stand. Sir, please stand and place your right hand on the Bible. Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? Mr. Myers? Oh, yes. Sorry. Guards got me up at about two in the morning to get me out here. Mr. Myers, did you testify against Walter McMillian in August of 1988? Is that when that was? According to the record, yes. Okay, then. Sure, if you say so. And what did you say to the jury when you testified? Don't think I can fully remember, sir, to be honest with you. Sorry. That's quite all right. I have a transcript of your testimony right here. At the trial, do you remember testifying that you were unwillingly made part of a capital murder and robbery on November 1, 1986, when Walter McMillian saw you at a car wash and asked you to drive his truck because his arm hurt? Yes, sir. I guess so. Do you remember saying that you drove Mr. McMillian to Jackson Cleaners, subsequently went into the building, and saw McMillian with a gun, standing over the body of Ronda Morrison? Yes, sir. Mr. Myers, was the testimony that you gave at Walter McMillian's trial true? I don't know. You don't know? I don't think I remember. Mr. Myers. Do you know who Walter McMillian is? Yes, sir. Is he in this room? Yes, sir. Could you point him out for us? I'd like to ask you that question one more time. Was the testimony that you gave at Walter McMillian's trial true? No, sir, not at all. Order, please! Did you see Mr. McMillian on the day Ronda Morrison was murdered? No, sir. Did you drive his truck to Monroeville that day? No. Never did. Did you go into Jackson Cleaners and see Mr. McMillian standing over the body of Ronda Morrison? Absolutely not. Thank you. No further questions, Your Honor. Mr. Myers, how do we know you ain't upset with a deal you've got and you feel like, something, how about, a change in your story might help to get you out? Because that just don't make no sense, sir. Who do you think is decidin' what happens to me? If I live or die? It ain't me. It ain't Johnny D. It's all y'all that decidin' that. So, how is me sayin' what I'm sayin' gonna help to get me out? If anything, it's gonna help get me to death row. But I don't care. Y'all can do what you want with me. 'Cause me... I can look in your face, or anybody else's face, dead eye to eyeball and say that anything I told about Mr. McMillian was a lie. He's here 'cause of me. And I sure would appreciate you sending him home to his kids where he belongs. We submit a copy of the official log from the police officer who stopped by the fish fry, confirming Walter McMillian was there with his family. Mr. Myers said that the body was face-up near the front counter, but I found her face-down in the back by the bathroom. Submitting exculpatory records from Ralph Myers' stay at Taylor Hardin Psychiatric Hospital, which the State did not disclose to defense counsel. Mr. Myers was my patient at the time, and he claimed on numerous occasions that he was being threatened with the electric chair if he didn't say what the authorities wanted to hear. The prosecutor asked me to testify that she had been drugged from the front to the back, and I told him I ain't gonna lie in court. And then, few weeks later, I got fired from the department. All the evidence presented today would've been critical to the outcome of this case, and its exclusion is a clear violation of Brady vs. Maryland, and Mr. McMillian's constitutional rights. The truth has not been told in this case. And I understand a lot of time has gone by, but I personally believe that it's never too late for justice. We ask the court to grant our motion and order a new trial for Mr. McMillian. Thank you, Your Honor. Thank you, Counselors. We'll reconvene at a later date once I've had time to look through everything. All rise! Teddy shoes, I didn't think he was gonna go through with it. Honestly, for a second there, I didn't think so, either. I can't even tell you how I feel right now. Thank you. We got a few minutes if y'all wanna say hi. We'll leave in five minutes. What's up, old man? - You did great. - Thank you. Chapman oughta call you tonight and tell you that he's dropping all the charges. Yeah, I won't hold my breath. Upon the reading of my decision, I expect the rules of decorum in this courtroom to be upheld. Ralph Myers took the stand before this court, swore to tell the truth, and proceeded to recant most, if not all, of the relevant portions of his testimony at trial. Clearly, he has either perjured himself at trial or in front of this court. After careful review, it is this court's opinion that conclusive evidence has not been provided that Ralph Myers perjured himself at the original trial, and that pressure put on him since his trial testimony could tend to discredit his recantation. Therefore, it is ordered, adjudged, and decreed that the trial testimony of Ralph Myers is not found to have been perjured testimony, and no new trial shall be granted at this time. Walter McMillian shall be returned to Holman Correctional Facility where he is to face death by electrocution. You can't do this to us again, Judge. - Sit down, young man. - That's my dad, sir. - I want you sit down now. - He ain't do nothin' wrong. Listen to your father. Not here. He ain't do nothin' wrong. Sit down right now, or you'll be arrested for contempt to court. Judge, just give me one second, please, Judge. Hold on. One second. Sit down, John. I won't say it again. Sit down! Not if you gonna kill my dad for no reason... Not if you gonna kill my dad for no reason! He ain't do nothin' wrong! You're killing my family, Sir! You're killing my family, Sir! You! John! Judge, he's not resisting! Do not resist it. Don't you let them get to you. It's gonna be all right. Come on, man, don't make this hard. Come on. Don't do this, McMillian! Let him go! Let Johnny D go! Relax! Relax! - Give me your arms! - Give me the cuffs. Relax. Nobody wants to remember that this is where thousands of enslaved people were shipped in and then paraded up the street to be sold. Just ten miles from here, black people were pulled from their homes and lynched. Nobody talks about it. And now this black boy from Delaware walks into their courtrooms, and expects them to admit they convicted an innocent black man. I promised that whole community I was gonna bring him home. And I just made things worse. I've heard a lot of lawyers say it's not a good idea to get close to your clients. Distance is healthy. But working with you showed me that that's bullshit. You choose to get close to every one of them, and you love them like they are your family. And when your family is hurting, you're hurting. There is no way that I could fully understand what it is that you're going through. But I am pretty sure that... you mean a lot more to this community than you think. Walter, I'm so sorry. The day I got arrested, I thought I was gonna be okay. 'Cause I got the truth. Soon as they talk to everybody that was with me, they gonna have to let me go. Then, the police keep callin' you a killer. Some white dude say he saw you do it. News people sayin' you did it. Judge and jury sayin' you did it. Now you on the row... Two, three, four years... Your friends and your kids... They ain't callin' you like they used to. After a while, you start wondering what they think about you. You start wondering what you think about you. Truth ain't so clear no more. But the last few days... I can't stop thinkin' 'bout Myers up there tellin' everybody how it went down. That's the first time I feel like myself since I've been locked up. First time I remembered who I is. These fools gonna do what they gonna do. But if they take me to that chair tonight, I'm going out smilin', 'cause I got my truth back. You gave it to me. To me and my family. And ain't nobody gonna take that from us. You ain't quittin', is you? No, sir! Then there ain't no reason for you to say you're sorry. I know how disappointing the last hearing was, but that's not where this is gonna end. We're preparing a motion to submit our evidence to the State Supreme Court in Montgomery. They have the power to reverse the last decision and force the circuit court to give us a new trial. You think they'll do that? Nothing's guaranteed. But I can't see how an outside court can ignore the evidence that we have. And then what? Even if he do get out there, everybody but us still gonna think he guilty. If they can't kill 'im in there, they can still do it out here. We've been worried about that, too, and we're working on something to help get the truth out. We're rolling. Whenever you're ready, Mr. Bradley. Okay, Bryan, you ready? I am. His name is Walter McMillian, known to his friends as Johnny D, and he's been on death row in Alabama's Holman Prison for almost six years. A jury was convinced they got the right man. But you may not be after you watch this story. Turn that up! I can't hear it. Johnny D says they want to execute the wrong man. You didn't kill Ronda Morrison? No, sir, I never seen Ronda Morrison a day in my life. God knows I ain't. Did you ever go into Monroeville on the day of the murder? No, sir. You never went to-- Never went to Monroeville period. I told them I had seen a young girl laying on the floor with her mouth open. Johnny D standing over her. Was it true? No, sir, not at all. Nowhere near true. If an execution date is set for McMillian, and that day comes and it's time for him to go to the electric chair, would you be comfortable? Yes... I'd be comfortable with it. Do you think it's, fair, just, he had his-- He had his day in court. He was tried by a jury, they heard the testimony and they believed it. Chapman says he's going to indict Myers for perjury, not for what he said at the trial, but for what he's saying now. Next we'll be presenting our evidence to the Alabama Supreme Court, hoping they'll see what we think is very clear, that Walter McMillian is innocent. McMillian's fate is now in the hands of the Alabama Supreme Court, which is expected to decide soon if he's entitled to a new trial. EJI, this is Brenda. Okay, I'll let him know. Thank you. The Supreme Court's ruling in the McMillian case is ready to be picked up. I'll be back. A wave of shock rolled through Monroe County today when the Alabama Supreme Court overturned the circuit court's previous decision and granted a new trial to convicted killer Walter 'Johnny D' McMillian. This was the first time a court outside the county was shown the overwhelming evidence proving Mr. McMillian's innocence. Though the court granted him a new trial, we believe he deserves to be released immediately, and that's exactly what we'll be arguing at the next hearing. Mr. Chapman, how do you feel about-- I have to comment at this time! Thank you. I'm looking for attorney Bryan Stevenson. - Mr. Stevenson? - How can I help you? I've been ordered to serve you this pleading. Thank you. Tommy Chapman is asking the court to stay the proceedings so he can open up a new investigation. He's tryna buy time to rebuild his case. That son of a bitch. Bryan? You're asking the court to keep a man on death row you know is innocent? Excuse me, Counselor? I don't know what you mean. The Supreme Court supports all the evidence we presented. Every one of your witnesses recanted. You got nothing left. Hang on. My investigation is still in process. And we both know you're not gonna find anything. Do you have any idea the bullshit that I've had put up with since your '60 Minutes' story aired? I got the governor on my ass, got the NAACP callin' me a racist, I got Ronda's family checkin' in every five minutes. You can't keep an innocent man in prison while you try to salvage your reputation. This ain't got nothin' to do with my reputation! This is about the people of this county who have hired me to keep them safe. And what people are you talking about right now? The ones from this neighborhood? Or the ones from the black community you took Johnny D from? You think they feel safe? Your job isn't to defend a conviction, Tommy, it's to achieve justice. And as long as you keep fighting this, someone from your county has literally gotten away with murder. You went all the way down at my house at dinnertime just to tell me how to do my job? No. I'm here because I think you know the difference between right and wrong, and you know Johnny D didn't kill that girl. I'm filing a motion to dismiss all charges, and I think that you should join it. Next time you wanna stop by my house, I'd appreciate you callin' me first. Now you get the hell off my property, Bryan. - What's going on? - They won't let us in. That boy's makin' us wait out here for over an hour. Excuse me, what are you doing? Just followin' orders. This is a public hearing, these people need to be let in now! Y'all can go in now. - Now that there's no seats left. - It's okay. We'll find room. Excuse me, sir. Right this way, come on. Okay, thank you. Yes, ma'am. All rise! The 28th Judicial Circuit Court of Alabama is now in session, the honorable Judge Pamela Baschab presiding. Please be seated. We've got a full house, so let's try to move through this in a timely manner. We're here because Mr. Stevenson has filed a motion to dismiss all charges against Mr. McMillian in this case. Mr. Stevenson, since it's your motion, I'd like for you to speak to it first, and then we'll hear from the State. It's easy to see this case as one man trying to prove his innocence. But when you take a black man and you put him on death row a year before his trial, and exclude black people from serving on his jury... When you base your conviction on the coerced testimony of a white felon and ignore the testimonies of two dozen law-abiding black witnesses... When any evidence proving his innocence is suppressed, and anyone who tries to tell the truth is threatened, this case becomes more than the trial of just a single defendant, it becomes a test of whether we're gonna be governed by fear and by anger, or by the rule of law. If the people standing in the back of this courtroom are all presumed guilty when accused, if they have to live here, and live in fear of when this very thing will happen to them, if we're just gonna accept the system that treats you better if you're rich and guilty than if you're poor and innocent, then we can't claim to be just. If we say we are committed to equal justice under law, to protecting the rights of every citizen regardless of wealth, race, or status, then we have to end this nightmare for Walter McMillian and his family. The charges against him have been proven to be a false construction of desperate people, fueled by bigotry and bias, who ignored the truth in exchange for easy solutions. And that's not the law. That's not justice. That's not right. I asked that this case be dismissed immediately, Your Honor. Thank you. Mr. Chapman, what is the State's position on this motion? Your honor, may I approach the bench? Yes. Your Honor... I'm troubled. - You're troubled? - Troubled. 'Cause I know that the people in this community wanna go to sleep at night knowin' that if someone has committed a terrible crime, that that someone is gonna be punished. But... in this case... Your Honor, I have taken another look at the evidence... Mr. Chapman, please. And the State does not object to the motion, Your Honor. To be clear, Mr. Chapman. Are you joining the motion to dismiss all charges today? Yes, Your Honor, I am. Order! Please, order! Well, y'all made my job easy today. In the case of The People vs. McMillian, the court hereby grants the defendant's motion. All charges against you are dismissed, Mr. McMillian. That means you're free. That means you're free and you get to go home. Your freedom has come. We all with you, brother. I came out of law school with grand ideas in my mind about how to change the world. But Mr. McMillian made me realize we can't change the world with only ideas in our minds. We need conviction in our hearts. This man taught me how to stay hopeful, because I now know that hopelessness is the enemy of justice. Hope allows us to push forward, even when the truth is distorted by the people in power. It allows us to stand up when they tell us to sit down, and to speak when they say be quiet. Through this work, I've learned that each of us is more than the worst thing that we've ever done; that the opposite of poverty isn't wealth, the opposite of poverty is justice; that the character of our nation isn't reflected in how we treat the rich and the privileged, but how we treat the poor, the disfavored and condemned. Our system has taken more away from this innocent man than it has the power to give back. But I believe if each of us can follow his lead, we can change this world for the better. If we can look at ourselves closely. And honestly. I believe we will see that we all need justice. We all need mercy. And perhaps, we all need some measure of unmerited grace. Thank you. I taught you all of that? Yeah, you taught me some of that. Pretty good, ain't it? |
|