Execution Life and Death Row


Execution

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Transcript


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It's a sense of relief that he's going to be gone

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and that's going to be taken care of.

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This is justice. They were evil kids.

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Hope is a wonderful thing, but never lie to yourself.

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I can just tell you what I saw,

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a kid trying to be strong for his family.

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Mama, mama.

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No, sister. He says mama already, he says daddy already,

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he doesn't say sister.

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When's all your testing end?

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-Thursday.

-Thursday.

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OK, so you know I'm not going to be around on Thursday, right?

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And you know why, right? Why?

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Execution?

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Yes. And do you understand about the execution?

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What's going to happen?

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He's going to die.

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Who's going to die?

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-Richard.

-And do you know how?

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No.

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-Do you want to know, cos you know I'm going to be watching it?

-Yes.

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OK, so they have him laying on a table

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and I walk into this small room and he will have

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his arms and legs kind of attached to the table.

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Richard will have a chance to talk and say some things if he wants to.

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Then after he's done, if he does say anything, then they'll put a

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drug in his arm. That's a drug that stops his heart and stops everything

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in his body. He goes off to sleep and doesn't wake back up.

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How do you feel about that? Are you OK with that?

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I mean, well, it should be done because, I mean...

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I don't know. It should happen, it should be done. I don't know!

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BABY CRIES

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It should be done, you are correct.

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Do not be afraid to speak how you feel.

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It was a robbery and then it turned into a kidnapping where,

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you know, three people were forced into a car at gunpoint.

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And it turned into a murder.

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It turned into, you know, an attempted triple murder.

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You know, in the beginning of that,

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the course of that crime, that was not planned.

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You know, it really should've never gotten to the point that it got.

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And, you know, I'm so sorry that it got to that point.

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I really can't make excuses for it but...

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'Today's date is September 3rd, 2002.

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'And we are in Cherokee County Sheriff's office.

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'Present in the room are myself and Richard Cobb.

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'I've got a warrant for your arrest for offence capital murder.

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'What can you tell us about that?'

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TV REPORT: 'In 2002, Richard Cobb and Buenka Adams kidnapped

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'three people from a convenience store in Rusk.

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'One of their victims wound up dead and Cobb and Adams,

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'aged 19 and 20 at the time, were sentenced to death for his murder.

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'Adams was executed in April last year,

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'now Richard Cobb faces death by lethal injection on Thursday.'

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I was 19 and looking for a job and never had worked

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a day in my life, so I got the job at the convenience store.

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And it was my third day on the job, I was still in training.

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Candace, my friend that was training me, was in the store also.

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'Last night, September 2nd, did you and

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'Buenka Adams talk about robbing the BDJ store?'

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'Yes.'

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We had a gentleman that would come into the store.

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His name was Kenneth and he would come in and help us

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take out the trash and help sweep the floor.

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The whole wall is our family.

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Here's Kenneth.

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I think that was his junior year in high school.

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Kenneth had a car wreck at the age of 19.

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Kind of set him back to where he had to start life over

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and relearn to tie his shoes and walk and eat and speak and all that.

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Right now, as far as I'm concerned, he's still here with us.

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This is a 12-gauge shotgun.

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It's typically used for hunting animals, big game.

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'Did Adams have the shotgun when he went through the front door?'

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'No.'

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'No, OK, so you had the shotgun?'

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'Yeah.'

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An eye for an eye and a tooth for a tooth.

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I'd have been glad to put them to death. Naturally.

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You said you didn't want to get into those feelings.

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Well, I, no. There were several...

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-Be careful.

-Yeah.

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The two guys that went in to rob the place didn't know Kenneth was there.

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When they approached the girls, there was two girls working

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and Kenneth heard them talking

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and he came from the other side of the store and said, what's going on?

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'OK, Richard. let's start back at the beginning.

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'So Adams went in first, what did you do?'

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'He grabbed the cash and stuff and he kept on looking at me

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'for some kind of approval, or whatever.

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'Then he said, "All right, get the keys, we're going for a ride."

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'What happened after y'all got in the car?'

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LABOURED BREATHING

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'Take just a second, Richard. Catch your breath.'

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'Then we went down some back road.'

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It was a full moon that night. As we were going down this road,

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it felt like we were, like, 100 miles away from anybody.

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When we pulled up down here, this is where we parked the Cadillac.

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We get ten yards away from the car...

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Richard was standing there with the gun pointing towards me.

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Buenka had told me to get on the ground.

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And I was raped by Buenka.

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To load the shotgun you put the shells in, into the chamber

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and pull it back. It brings one into the chamber

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and then loads into the barrel and it's ready to shoot.

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They had told us to get on our knees and face that direction.

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Kenneth was back there a few feet behind me,

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and they just told him to sit still.

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'He said, "You take out the first one and I'll take out the second two."

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'So, in my shotgun, I couldn't really see too good

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'and plus I didn't want blood splattered all over me.'

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I can remember Kenneth just saying, "Man, I'm ready to go home.

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"Why don't y'all just let us go? This is just crazy."

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He had no clue what they were doing. Next thing I know, the gun went off.

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GUNSHOT

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I hear Kenneth, "They shot me. They got me.

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"Oh, my God, y'all hit me. You shot me."

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'I heard Kenneth...start screaming.'

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'You fired once, hitting Kenneth?

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'And he fired several times, hitting the girls?

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Once you shoot the gun, the shell's spent, you eject it,

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it comes out, the other one's ready to go in.

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The impact threw me forward and it felt like my left shoulder

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was blown off and my body was ringing all over.

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'Buenka Adams and Richard Cobb shot all three of their victims.

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'Kenneth Vandever was killed and 23-year-old Candace Driver

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'and 19-year-old Nikki Ansley were left for dead, but they both

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'managed to get to their feet and run to nearby homes for safety.'

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I wish I could just go to sleep and never think of all of it again.

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I have dreams of being shot all the time.

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I sit in a cage pretty much 22, 23 hours out of every single day.

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Get to go out to a barren day room and spend an hour doing chin-ups.

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Or whatever exercise.

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Or, you know, walking around, mainly just pacing around.

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You can make excuses all day long but, you know, it-it-it happened.

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What's done is done, it can never be taken away, you can't change it.

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You know, always at the forefront of my mind is

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there's not going to be any second chance,

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the State doesn't care to rehabilitate me, you know?

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I'm an un-regenerable speck of cancer that needs to be

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excised from humanity before I grow and develop into something darker.

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Like tomorrow, it's very likely that I'll be executed.

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You know, as we speak, you know,

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I've been awake for something like 37, 38 hours.

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For the past probably two weeks, you know,

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I've spent a lot of time just retreating into myself,

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trying to divorce myself from, you know, this forum.

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You know, from this mortal coil and just

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trying to renounce a lot of it and trying to

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get ready for whatever type of transcendence might come, you know?

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And just try to detach yourself from all the attachments,

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the desires, you know, the anger, the resentment, the remorse.

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HE SIGHS

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Yeah, I'm angry.

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I'll always be angry.

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I wish that I could say that I'm the mum,

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that I forgive and could forget.

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I can't forgive this, I don't want to forgive this.

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Put yourself in my shoes. If it was your child, your father,

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your mother, your infant, what would you want?

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It's a nightmare we all relive.

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It will never go away,

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just because the second one's being put down

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does not mean that it's over.

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We always look over our shoulder now.

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Once something like this happens to you, or an immediate family,

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you always look over your shoulder.

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I cannot comprehend any parent,

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if something like this happen to their child

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and not want them dead.

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And sometimes maybe I'm too direct but, you know,

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if you had a child,

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or do you believe in the death penalty yourself?

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Good. Do you believe in it? Do you believe in it?

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I don't really discuss it, sorry, it's kind of an impartiality thing.

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Well, do you have a child, a young daughter?

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I can't discuss it, sir, I'm sorry.

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I mean, if I interviewed next week someone who's for,

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-against the death penalty, I mean.

-Yeah, well, maybe, you know...

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She doesn't want somebody to go through what she went through

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to realise what the death penalty's about.

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That's all I can say.

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-Thank you so much.

-Thank you.

-Thank y'all very much.

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Mama, is Richard going to get executed at the same time Buenka did?

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-And what does executed mean?

-Die.

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And it's exe-CU-tion.

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SHE LAUGHS

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-Execution.

-Very good.

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An offender's day on execution starts around 7.00, or 8.00am.

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That's when a special visitation would begin.

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That time is extended so family and friends would be

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able to come in and have a long extended stay with that individual.

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There is going to be correctional officers that are nearby,

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constantly documenting what that individual is doing.

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A little bit before noon,

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the person is transported to the Huntsville Unit.

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The offender will then be unloaded, finger printed,

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and then they're placed in a small holding cell that's

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just outside the execution chamber.

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Sometimes they're quite talkative,

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other times you have individuals that don't speak at all.

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And do people get upset?

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In what respect?

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Emotional.

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Very rarely.

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'Tonight here in Huntsville, Texas,

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'the execution capital of the United States, a man by the name

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'of Richard Cobb will be murdered by the State of Texas.'

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-RADIO:

-'Richard Cobb has been under what's called the death watch

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'for about three days.

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'The prison tells us he's been spending a lot of time

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'visiting with his family, he's also been writing notes,

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'but we don't know who those notes have been to, or what they've said.

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'He's been consulting with his lawyer.

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'One of Cobb's two living victims,

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'Nikki Daniels, is here to witness the execution.

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'We're also expecting to hear from family of Ken Vandever,

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'he was the man who was killed in that 2002 robbery.

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'Earlier in this newscast...'

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As far as the punishment,

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I can see both sides of people's thinking about the death penalty.

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I think in cases such as this one

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where it is totally clear cut...

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I think that the death penalty was definitely in order.

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I just wished it hadn't taken so long.

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About 4.45, the US Supreme Court reviewed the appeal and

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they subsequently denied that appeal.

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So at this point, we'll be moving forward with

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the execution a little after 6.00pm.

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Right now, Cobb is in a holding cell just outside the execution chamber.

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He's about 15 feet away.

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He's making telephone calls again to family and friends,

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there's also a spiritual advisor that's there,

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and he'll also have an opportunity to meet with his attorney as well.

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-Thanks, guys.

-Thanks, Jason.

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I have been thinking that he may ask for forgiveness,

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so I have decided that I'm going to carry in a paper with me.

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And nobody knows this yet.

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I'm actually going to have to fold it up real small

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and put it down there where it's just not real noticeable.

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Cos nobody knows and I don't want anybody to know in the actual

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walls of the execution room that if he does present it

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then I'm going to hold up my sign and have it on the window...

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that says that.

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OK, y'all ready? We all need to go.

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You don't have anything in your pockets?

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There is nothing left standing in the way.

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A Cherokee County man will die for murder, kidnapping

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and sexual assault.

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We're going to have the latest on the execution of Richard Cobb

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coming up in a live report.

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Brooke says as soon as you find out he's officially dead,

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even before cut-in, let her know.

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We typically hear that the execution's going to move forward

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from the Warden's office.

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At that point, I'll let the media know.

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We'll then walk over from our office across the street

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into the Walls Unit.

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-PROTESTOR:

-'The murder of Richard Cobb is about to begin

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'in The State of Texas.'

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The Warden will walk back to the area where the offender is

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being held and he'll tell the offender it's time.

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They will open up the door and the offender will walk out

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and go into the execution chamber.

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There's a small step that they'll get up

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and then get on the gurney and lay down.

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They're strapped in.

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A special team will then come in and insert the IVs

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into the individual's arms.

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Once all of that is up and operational

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then the witnesses are brought in. The door is shut.

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The Warden will ask the offender if they have any last statement.

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Once he's finished, then the drugs begin to flow.

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Killing me is not going to give anyone the peace

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that they're looking for.

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All it's going to do is continue the cycle, the cycle of violence.

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It's not going to stop, you know, it's just going to continue.

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There's not going to...from every negative situation, from every

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dark situation, there's room for growth. No matter what it is.

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All of the anger, all of the pain, all of the hatred,

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that's never going to go away, it's, it's always going to be there.

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If they kill me, it's always going to be there regardless.

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What's done is done, it can never be taken away.

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It felt like my left shoulder had blown off

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and my body was ringing all over.

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I watched them walk over to me and as they were standing over me

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they said, "Are you bleeding, Nikki, are you bleeding?

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"If you don't answer us we're going to blow your head off."

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I never moved, never answered them.

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And they kind of nudged me with their foot.

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And then they just kicked over and over and over again.

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It felt like they would never stop kicking.

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When they finally got done kicking, they had

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squatted down to where my head was and they had

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picked my ponytail up,

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to pick my head up off the ground.

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And they got real close to my face

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and got this lighter down within three inches

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of my eyes and I can still feel the heat coming off of that lighter.

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I remember looking at both of them and seeing four eyes staring

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right back at me and they were just staring at me.

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After a few seconds they said, she's dead, we can go.

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OK, can you please say and spell your first and last name?

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Sure, it's Jason Clark, J-A-S-O-N, Clark, C-L-A-R-K,

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Spokesperson for The Texas Department of Criminal Justice.

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Richard Cobb was executed tonight

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and he was pronounced deceased at 6.27pm.

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I had these gut feelings that I thought

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he was going to be remorseful, I thought he was going to be apologetic,

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I thought he was going to, or I was hoping he was going to address me.

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If he was going to ask for forgiveness, I was going to let him

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know that I forgive him.

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Cobb did make a last statement.

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He said, "Life is death, death is life, I hope that some day

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"this absurdity that humanity has come to an end, life is too short.

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"I hope that anyone that has negative energy towards me

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"will resolve that, life is too short to harbour feelings of hatred

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"and anger, that's it."

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He then lifted his head and said, wow and used an expletive

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and then lost consciousness and was pronounced deceased at 6.27pm.

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So I gather this is too easy for him,

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think it should have been, you know, tougher?

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Well, if I had a say and the law could change for what

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I said, it was way too easy.

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Yes, it needs to be harsher and I think all of our kids in schools

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and all need to see it, maybe then it would turn them

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away from wanting to do any of this crime.

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Do you think it ought to be televised?

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No, it needs to be done on a courtroom lawn.

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Courtroom lawn.

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And if you want to do that, let's do it half-time at the football games,

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hope we can get some people there then.

0:24:300:24:32

Whenever it was his last breaths, he turned to my direction

0:24:350:24:41

and was not looking directly at me, but was looking my way where

0:24:410:24:45

he could see me and I'm glad that he did because it, yeah...

0:24:450:24:53

I'm glad I was the last visual he probably

0:24:530:24:55

-saw in there before he died.

-Yes.

0:24:550:24:57

I did not show him my sign.

0:25:070:25:09

I did not feel that he deserved to know that I forgave him, he did

0:25:110:25:16

not deserve anything, he deserved to be...

0:25:160:25:19

..die brutally and he didn't.

0:25:200:25:23

-So now we're going to go eat dinner.

-Have a drink.

0:25:330:25:37

And celebrate.

0:25:370:25:38

Is there anything that you would like to say to the Cobb family?

0:25:520:25:56

We don't know any of the Cobb family.

0:25:580:26:00

The process we've been through makes you...

0:26:030:26:10

It has changed us and it makes you hard.

0:26:100:26:14

We certainly know how they feel,

0:26:150:26:17

because we have lost a son as well.

0:26:170:26:21

And it hurts.

0:26:230:26:25

-Let's go.

-Thank you for being here.

0:26:280:26:30

When he found out that the stay did not go through he called me

0:26:350:26:40

at 5.30 and he said, Mom, he said, it's on,

0:26:400:26:45

he said I didn't get a stay, he said now you listen to me.

0:26:450:26:49

And Richard, when Richard would get nervous,

0:26:490:26:51

or scared he'd talk real fast.

0:26:510:26:55

He said, understand, Mom, this was not your fault.

0:26:550:26:57

I love you, I have always loved you, I will love you beyond.

0:27:000:27:05

But he said do not think that this

0:27:050:27:08

was your fault, it was a bad decision that I made.

0:27:080:27:11

He dreamed every night of that murder.

0:27:140:27:17

He would see it all act out every time.

0:27:220:27:27

Your State has executed 234 death row inmates,

0:27:450:27:49

more than any other Governor in modern times.

0:27:490:27:52

CHEERING AND APPLAUSE

0:27:520:27:55

What do you make of that mention of the execution of 234 people

0:27:570:28:00

drew applause?

0:28:000:28:03

I think Americans understand justice

0:28:030:28:05

and it's a State by State issue.

0:28:050:28:09

But in The State of Texas, you kill one of our children,

0:28:090:28:12

you kill a police officer, you're involved with another crime

0:28:120:28:16

and you kill one of our citizens,

0:28:160:28:18

you will face the ultimate justice and that is you will be executed.

0:28:180:28:23

My school, all they know is that there's a family emergency

0:28:440:28:47

and I'm just going home, they're not going to find out what it is.

0:28:470:28:50

They, they're all assuming that maybe,

0:28:500:28:52

like they're all assuming that it's maybe,

0:28:520:28:55

like a sibling has some type of terminal disease, or cancer

0:28:550:28:58

and we're just waiting for them to, like take their last breath.

0:28:580:29:02

I don't want this to affect me throughout my college career,

0:29:050:29:07

people finding out what it is and oh,

0:29:070:29:09

I'm that girl whose brother's on death row.

0:29:090:29:12

I don't need people's pity because of my brother,

0:29:120:29:15

I want them to treat me as I am, or how I act at school,

0:29:150:29:18

I don't want them to think of me any differently.

0:29:180:29:21

My parents provided me with every opportunity,

0:29:270:29:30

they gave me what I needed to make good decisions, I choose to make bad

0:29:300:29:35

decisions and that's me and I place no blame on no-one else but me.

0:29:350:29:39

Well, I'm in a hotel right now. I'll be here for like a week

0:30:000:30:03

until all this is over.

0:30:030:30:06

I know that this is overwhelming but,

0:30:060:30:09

-um, Anthony really stands out from...

-OK.

0:30:090:30:15

..from a lot of the clients I, I've seen and I, I can't predict,

0:30:150:30:21

as much as I know about the case it's, it's very difficult, um...

0:30:210:30:24

OK, well you know you can call any time, Mr Ellis.

0:30:240:30:27

His attorney, Mr Richard Ellis,

0:30:280:30:31

he's actually taken Anthony's case personal, he believes that he should

0:30:310:30:36

not be on death row, he said that it could go to the wire, meaning

0:30:360:30:41

to the end on, on Thursday, but he

0:30:410:30:45

believes that he should get a stay.

0:30:450:30:48

You know, we, we still have 72 hours, you know,

0:30:480:30:54

before it happens, I mean we're still counting down.

0:30:540:30:57

Barring any last minute intervention, Houston cop killer

0:31:020:31:05

Anthony Haynes will be executed by lethal injection.

0:31:050:31:08

Haynes is on death row for the 1998 shooting of off-duty officer

0:31:080:31:13

Sergeant Kent Kincaid of The Houston Police Department.

0:31:130:31:16

The officer WAS off-duty but pulled Haynes over,

0:31:160:31:19

identified himself as a police officer, was reaching for his

0:31:190:31:22

badge in his back pocket when he was shot by Haynes in the left eye.

0:31:220:31:27

I think it's easier to be in prison on death row as a younger

0:31:290:31:33

person because you haven't experienced life, you don't

0:31:330:31:36

have the, you don't have, I wasn't married, I didn't have kids,

0:31:360:31:40

I did, I got to experience life on a certain level, but I wasn't grown.

0:31:400:31:45

In my dreams, it's all about the past, even though

0:31:480:31:52

consciously I don't think about it, I dream about old friends,

0:31:520:31:56

old family members, high school, eating good food, you know,

0:31:560:32:01

spending time with my friend, my girlfriend and family, you know?

0:32:010:32:05

It's all about the past, always.

0:32:050:32:08

As a kid, he played soccer. He played a little

0:32:100:32:14

flag football, and he was always involved,

0:32:140:32:20

really involved, deeply involved in the ROTC programme, so whenever they

0:32:200:32:24

had summer camps, or things to do, he would always be involved in that.

0:32:240:32:29

Most of the kids who get into that programme, those programmes,

0:32:290:32:32

are geared to go toward, to the military when they, when they

0:32:320:32:36

graduate from high school and Anthony was on that road.

0:32:360:32:41

You know, when I found out what had happened it's just,

0:32:430:32:47

it's just, you know, hard to accept, hard to accept.

0:32:470:32:51

GUNFIRE

0:32:580:33:02

EDIS presented Kincaid's mother with his cap,

0:33:020:33:04

his wife was presented with The United States flag.

0:33:040:33:07

Kincaid's brother-in-law read a statement

0:33:070:33:09

prepared by the officer's widow, Nancy.

0:33:090:33:12

"For the people that didn't know Kent very well

0:33:120:33:14

"he was truly a wonderful person.

0:33:140:33:16

"His family always came first, he loved hanging out at home

0:33:160:33:20

"with me and the girls, he loved his job, he loved the challenge

0:33:200:33:24

"of the job and the satisfaction of helping other people.

0:33:240:33:27

"Thank you for your thoughts and prayers."

0:33:270:33:29

I feel like I don't really remember my Dad.

0:33:350:33:39

But, like, it's like wanting that

0:33:390:33:42

relationship, I think, more, that makes me sad now.

0:33:420:33:46

I think about a lot when I someday get married,

0:33:460:33:50

he won't be there to walk us down the aisle.

0:33:500:33:52

Yeah, I...

0:33:550:33:56

I just get mad about missing out on everything with him.

0:33:560:34:00

I would say not a single moment goes by that he's not on our mind,

0:34:040:34:08

or something reminds us of him, or we wish that he was here,

0:34:080:34:13

and people always ask, like what it,

0:34:130:34:16

what it's been like growing up without our dad?

0:34:160:34:19

And I always kinda say, like we're still growing up without our dad.

0:34:190:34:23

I mean, I still have dreams about him

0:34:330:34:36

and I'm almost mad at him,

0:34:360:34:38

because he doesn't realise how much we've missed him.

0:34:380:34:41

And he, or he doesn't realise how long he's been gone.

0:34:430:34:47

It was May 22nd 1998 and Kent and I,

0:35:180:35:24

we were invited to some friend's home.

0:35:240:35:27

For some reason he was, like you know, I'd really like to stay home.

0:35:290:35:32

I said you know, we don't,

0:35:320:35:33

we don't get out very much, we don't socialise with our friends

0:35:330:35:36

as much as we used to, we need to do this, you know?

0:35:360:35:39

So, we decided to go to a local sports bar, which was

0:35:410:35:48

just across the highway, not, not too far.

0:35:480:35:52

Within, I don't know, a minute after we left,

0:35:520:35:57

we had turned down the street and a truck had passed us,

0:35:570:36:03

a pick-up truck

0:36:030:36:06

and something hit our windshield.

0:36:060:36:08

So, my husband decided well, he turned around and he followed them

0:36:120:36:19

and we did not know that these kids had been out

0:36:190:36:22

earlier in the evening robbing people at gunpoint.

0:36:220:36:28

He followed for, for a while, they said it was 13 blocks,

0:36:340:36:38

so I finally turned down the street, let him pass.

0:36:380:36:43

The guy immediately follows me into the street and blocks me in a

0:36:430:36:49

driveway at a perpendicular angle.

0:36:490:36:52

So, put my truck in reverse and

0:36:530:36:55

I jumped over the kerb and we end up being driver's side, the driver's

0:36:550:37:00

side. He comes to me and he's talking about my window.

0:37:000:37:05

I'm, like the window what?

0:37:050:37:07

He's at least six feet tall and he says, I'm a cop,

0:37:070:37:13

but as he says I'm a cop,

0:37:130:37:17

he reaches for his hip,

0:37:170:37:19

I can't see what he reaching for,

0:37:190:37:22

but just my personal life experience tell me he's going for a weapon.

0:37:220:37:27

So I fire one shot.

0:37:270:37:29

-GUNSHOT

-Ready! Aim!

0:37:300:37:35

GUNSHOT

0:37:350:37:37

My husband was just laying there on his back

0:37:480:37:52

not moving.

0:37:520:37:55

So, I didn't know what to do, I started to,

0:37:550:37:57

I just started screaming for the neighbours to come out.

0:37:570:38:01

And I, I mashed the gas, I mean I, I put it in first and I hurried up

0:38:010:38:05

and got and I got up off that street.

0:38:050:38:07

SHE SIGHS

0:38:080:38:11

As I came round the corner here, I saw the vehicle parked,

0:38:220:38:26

turned out to be Sergeant Kincaid's jeep.

0:38:260:38:30

I saw a male laying on the ground in the middle of the road right

0:38:300:38:33

here and there was a female that was, um, cradling him

0:38:330:38:38

and was crying and screaming.

0:38:380:38:40

Yeah, he was laying here, I reached out and grabbed,

0:38:400:38:42

checked his pulse.

0:38:420:38:43

She was sitting right here cradling his head,

0:38:430:38:46

I checked his pulse real quick, he did have a faint pulse.

0:38:460:38:50

Um, when the hospital helicopter came and they airlifted him,

0:38:520:38:57

I stayed back to answer questions as best I could,

0:38:570:39:01

um, cos I was a witness to everything

0:39:010:39:04

and then we went to the hospital.

0:39:040:39:07

His condition was very grave, he had a gunshot to his, to his head,

0:39:100:39:15

right between his eyes, um, was laboured breathing, it was,

0:39:150:39:19

he was obviously losing life very quickly, you know?

0:39:190:39:24

It was a, it was a horrific scene, for sure,

0:39:240:39:28

especially when you find out it's an officer that's down then absolutely,

0:39:280:39:32

I mean it's, yeah, it's a brotherhood,

0:39:320:39:35

somebody gets hurt and you feel it.

0:39:350:39:37

Lots of police officers were there

0:39:400:39:44

and doctors were there

0:39:440:39:47

and they told me that there was...they couldn't save him.

0:39:470:39:54

There's nothing they could do.

0:39:540:39:56

I told them the next morning.

0:40:050:40:07

They were so little, I just don't understand why,

0:40:120:40:16

I mean they didn't understand.

0:40:160:40:18

It was, it was hard to tell them, but I had to,

0:40:180:40:23

I mean you have to do what you have to do.

0:40:230:40:26

I haven't kept count of how many journeys I've made to visit Anthony.

0:40:570:41:02

They search your car,

0:41:040:41:06

search everything in it, you,

0:41:060:41:09

you have to have your whole body searched and I can't touch him,

0:41:090:41:13

I haven't been able to touch him in 13 years.

0:41:130:41:16

He, like, kind of lives are family spirits.

0:41:240:41:27

Like, we're supposed to be his anchor, he's like ours.

0:41:270:41:30

I try to leave things on a happy note,

0:41:330:41:35

because by the end of the visit, as to getting a little teary, but it's

0:41:350:41:38

like, deep breaths and I'm fine and then I try to leave with a smile.

0:41:380:41:41

I want him to see me leave with a smile.

0:41:410:41:43

I make sure the last thing he saw of me was a smile.

0:41:430:41:46

We had a great visit, yeah,

0:41:510:41:54

we took pictures and he talked about when he was young,

0:41:540:42:01

some of his youngest memories.

0:42:010:42:03

-So his spirits were good?

-Oh, always, always in good spirits.

0:42:050:42:10

As crazy as it may sound to some, I firmly believe that five

0:42:130:42:17

years ago God spoke a word to me

0:42:170:42:20

and God told me you're not going to die there,

0:42:200:42:22

you're not going to die there.

0:42:220:42:25

I know, I know for some people they looked at me, how can he say that?

0:42:250:42:29

I have no doubts, I've been serving God long enough,

0:42:290:42:32

God does not lie, so...

0:42:320:42:35

So tomorrow, your visit tomorrow is the last

0:42:400:42:42

opportunity you'll have to talk to him?

0:42:420:42:44

-Correct.

-OK.

0:42:440:42:46

But I don't feel it's my last opportunity, I mean,

0:42:470:42:50

I honestly believe that I will see him next week.

0:42:500:42:53

'I only have one friend

0:43:100:43:11

'that actually stayed there with me from day one.'

0:43:110:43:15

He's in good spirits,

0:43:170:43:20

he's very positive about the whole thing

0:43:200:43:23

and, I mean, it's good to see, but...

0:43:230:43:27

I don't know, it's kinda scary at the same time.

0:43:270:43:30

You could have a negative outlook or a positive outlook.

0:43:300:43:34

My outlook is always positive.

0:43:340:43:36

I didn't expect it to come this close,

0:43:420:43:46

but I have a hopeful expectation I'll get a stay

0:43:460:43:51

and Friday, I'll still be alive.

0:43:510:43:52

And when that happens, I give all glory to God. Nobody else.

0:43:520:43:56

Not a man, not a court, all glory to God, you know?

0:43:560:44:00

I just... I don't want to see him...

0:44:000:44:02

I don't want to see him die.

0:44:020:44:04

Hi, Mr Ellis.

0:44:160:44:18

The Board of Pardons and Paroles,

0:44:230:44:25

that was the clemency, right?

0:44:250:44:27

OK.

0:44:290:44:30

My mum, she's having a hard time dealing with this.

0:44:320:44:36

My mum does not share the faith that...that I have.

0:44:360:44:43

I think she believes,

0:44:430:44:45

but not on the same level that I do.

0:44:450:44:48

So there's still that doubt in her mind.

0:44:480:44:50

She's preparing for the worst and hoping for the best, you know?

0:44:500:44:54

The Board of Pardons and Paroles,

0:44:540:44:58

they just denied his clemency.

0:44:580:45:02

So now it's up to the Supreme Court.

0:45:040:45:07

The Governor can give a stay.

0:45:070:45:08

He's only done it once in his 248 executions,

0:45:110:45:16

but anything's possible.

0:45:160:45:18

I will.

0:45:210:45:22

Bye.

0:45:240:45:26

I got to stay strong for Alie.

0:45:290:45:31

Oh!

0:45:310:45:32

This is so difficult.

0:45:350:45:37

'To determine death, jurors must decide if Haynes is a future

0:45:510:45:54

'threat to society and that nothing mitigates against the death penalty.'

0:45:540:45:59

He looked like a little kid back then, you know.

0:46:010:46:04

He was 19 years old,

0:46:040:46:06

but he looked to be about maybe 16 or 17, the way he looked.

0:46:060:46:10

It's amazing, here in Texas, a lot of things

0:46:100:46:13

go on in courtrooms that probably wouldn't go on in other places.

0:46:130:46:16

The judge that was presiding over the jury selection was,

0:46:160:46:21

you know, cleaning his gun in court, you know?

0:46:210:46:25

That kinda gave me a premonition

0:46:260:46:29

as to how things would wind up

0:46:290:46:33

in the courtrooms here in Harris County.

0:46:330:46:37

And I think the defence team did not do their job.

0:46:370:46:40

'On the day of his sentencing he told the judge

0:46:420:46:44

'he still had his faith in God and when he left the courtroom

0:46:440:46:48

'he threw up his hand in the air and gave a wave to his family.'

0:46:480:46:52

People, when they're born into this world,

0:47:040:47:08

they're not born to be killers,

0:47:080:47:11

I don't think.

0:47:110:47:13

So at the time when I would think about Anthony as a little boy,

0:47:150:47:20

I thought, I don't think his family even thought that he

0:47:200:47:24

would grow up to do something like that, you know?

0:47:240:47:28

He was probably a good little boy,

0:47:280:47:31

you know, a sweet baby.

0:47:310:47:33

Am I relieved with the punishment?

0:47:360:47:40

I don't know if that's a good word to say.

0:47:410:47:44

Our feelings are very torn when it comes to death row

0:47:450:47:48

because, on one hand, you think that you're going feel this,

0:47:480:47:51

like, huge sense of relief and part of you does

0:47:510:47:54

because you know you will never have to encounter him again.

0:47:540:47:59

But then, of course, on the other hand, we're human beings.

0:47:590:48:02

Like, you do feel guilt and you feel...

0:48:020:48:05

I mean we probably feel more remorse for him

0:48:050:48:07

than he does for us, I don't know.

0:48:070:48:09

But...it's a lot of mixed emotions.

0:48:090:48:12

You don't know what to feel

0:48:120:48:14

and you're kind of just angry that you have to feel any of them.

0:48:140:48:18

I don't think I'm going to die tomorrow.

0:48:350:48:37

I don't believe that at all.

0:48:370:48:39

I'm looking forward to the fried chicken

0:48:420:48:44

and the telephone privileges,

0:48:440:48:46

so that's what I'm looking at right now, you know?

0:48:460:48:48

I'm not worried at all.

0:48:480:48:50

I'm praying for you.

0:48:580:49:00

I made arrangements today.

0:49:010:49:04

I pray to God it doesn't come to that. Yeah.

0:49:040:49:09

And I'm just... My aunt and Donald will handle the obituary,

0:49:090:49:13

or whatever anybody wants to help.

0:49:130:49:15

I can't do that, I can't deal with that.

0:49:150:49:18

I mean I want it to just... just hurry up and

0:49:180:49:21

get it over with if it did came to that on Saturday,

0:49:210:49:24

or Monday but, you know...

0:49:240:49:27

Donald wants to allow for people to come

0:49:270:49:30

in town and I'm like, "Where have these people been for 13 years?"

0:49:300:49:35

I mean, why are we waiting for people to come in town?

0:49:350:49:37

But I know that's selfish.

0:49:370:49:39

'Tomorrow, I've been designated as...'

0:49:400:49:44

..one of the witnesses, should the execution occur.

0:49:450:49:50

And it was very hard for me at first to make that decision.

0:49:510:49:56

But, you know,

0:49:560:49:58

I'm Anthony's father

0:49:580:50:01

and I love Anthony and we have a spiritual connection

0:50:010:50:06

and I'm going to be there for Anthony till the end.

0:50:060:50:10

Till the end, I'll be there.

0:50:100:50:12

If you were at worship on Sunday, you know that sister Pauline read

0:50:170:50:21

a letter on behalf of brother Anthony Haynes.

0:50:210:50:27

We are praying for his mother,

0:50:270:50:29

sister Patricia Davis who is here on tonight, amen?

0:50:290:50:32

CONGREGATION: Amen.

0:50:320:50:34

And, what I want to do, I want us to stand

0:50:340:50:36

-and pray as a church family, for sister Davis, amen?

-Amen.

0:50:360:50:41

Amen. Because we just learnt

0:50:410:50:44

that God is able to do anything but fail, amen?

0:50:440:50:48

Then God, we come with a special prayer request.

0:50:480:50:51

We've been fasting and praying, believing for brother Haynes.

0:50:510:50:56

God, we pray now for sister Davis, God,

0:50:560:50:59

and the remainder of their family.

0:50:590:51:01

His father and those others who are affiliated.

0:51:010:51:05

God, we know that nobody can do anything like you.

0:51:050:51:08

So God, we pray now, by your divine will,

0:51:080:51:11

if it's your will, that you deliver like only you can.

0:51:110:51:15

And God, we know that you're able, if you only would, God.

0:51:150:51:18

God, we pray for your mercy, like only you can.

0:51:180:51:21

We know that you are able, Lord God.

0:51:210:51:24

And we can get a miracle, O God.

0:51:240:51:26

God, we pray now that you touch the hand of every judge,

0:51:260:51:29

or anybody else who has anything to do with the case because, God,

0:51:290:51:33

we know that you are a lawyer who's never lost a case.

0:51:330:51:37

And so, God, we're coming in faith, nothing wavering,

0:51:370:51:40

knowing that you are able to work miracles!

0:51:400:51:45

Yeah.

0:51:450:51:47

God, we need your peace.

0:51:470:51:49

We need your peace.

0:51:490:51:52

We need your peace, God.

0:51:520:51:54

We need your peace.

0:51:540:51:56

I thank you for coming to see me.

0:52:070:52:08

All right, God bless you.

0:52:080:52:11

'Good morning, the state of Texas is today preparing to carry out

0:52:230:52:27

'the execution of Anthony Haynes.

0:52:270:52:29

'Haynes, due to die by lethal injection, was convicted

0:52:290:52:32

'of shooting dead an off-duty police officer in Houston in 1998.

0:52:320:52:36

'Haynes, 19 at the time of the shooting,

0:52:360:52:39

'claims he did not know his victim...'

0:52:390:52:42

-Can you give me a moment?

-Sure.

0:52:500:52:52

OK.

0:52:530:52:55

-What's your first name?

-Jason.

-Jason, J-A-S-O-N?

0:52:580:53:01

-Uh-huh.

-What's your last name, Jason?

0:53:010:53:02

Clark, C-L-A-R-K.

0:53:020:53:04

Anthony Haynes did make a statement, he said,

0:53:040:53:07

"God told me that I will not die on death row.

0:53:070:53:10

"He told me to believe in the impossible.

0:53:130:53:16

"He put something in my path to keep me focused.

0:53:160:53:19

"God proved himself to be faithful,

0:53:190:53:22

"he delivered me from the death chamber. To God be the glory."

0:53:220:53:26

Yeah, around 4pm today, we received notice from

0:53:330:53:36

the US Supreme Court that Anthony Haynes received

0:53:360:53:39

a stay of execution.

0:53:390:53:41

So, tell me, when you guys got the news, what sort of happened?

0:53:420:53:46

It was around 3.45pm that we received the news

0:53:460:53:49

that the US Supreme Court had stayed the execution of Anthony Haynes.

0:53:490:53:53

We confirmed that stay of execution and the offender was notified.

0:53:530:53:57

And a little after 4pm, he was put into a transport van

0:53:570:54:01

and brought back to the Polunsky Unit.

0:54:010:54:03

The appeal that was filed at the last minute

0:54:070:54:10

related to ineffective counsel and so the US Supreme Court

0:54:100:54:14

stopped the execution, so they could review that a little bit closer.

0:54:140:54:18

You've been with the Kincaid family all afternoon,

0:54:180:54:20

tell me how they're doing.

0:54:200:54:22

Well, they're frustrated, they're disappointed,

0:54:220:54:24

but supportive of the system and respectful of the system.

0:54:240:54:27

We understand that everyone has rights in this country.

0:54:270:54:30

The United States Supreme Court has decided that they wanted a stay

0:54:300:54:33

at this point to look at something else and we respect that process.

0:54:330:54:36

Is there anything else you want to add?

0:54:360:54:38

Just that we hope that people keep

0:54:380:54:40

the Kincaid family in their prayers.

0:54:400:54:42

This is a roller coaster for them and

0:54:420:54:45

we know that they want closure, if you can have possible closure

0:54:450:54:48

when you've lost your husband, or your father, or your friend.

0:54:480:54:50

You know, the whole time I've been locked up, you know,

0:55:040:55:08

I've been treated like a... like an animal many times,

0:55:080:55:11

I mean, they don't treat you like a man at all.

0:55:110:55:14

And it's kind of ironic that the day that they're going to kill you

0:55:140:55:18

all the attitudes change.

0:55:180:55:20

I get over there, they take my handcuffs off,

0:55:210:55:23

I'm walking round free,

0:55:230:55:25

they look at me and say, "Haynes,

0:55:250:55:27

"if you don't cause trouble, we don't cause trouble."

0:55:270:55:29

There was a big old plate with cookies, pies, a cup cake,

0:55:290:55:34

pastry, this is all for you and sweet tea, hot coffee, ice water,

0:55:340:55:39

some other kind of drink, you know - "This is all for you, Haynes."

0:55:390:55:43

But after I got the stay, all the attitudes changed.

0:55:430:55:48

When I first got there the warden, he comes in,

0:55:480:55:50

he wants to shake your hand, talk to you,

0:55:500:55:52

but when I got my stay, I tried to shake one of the officers' hands -

0:55:520:55:57

"No, we're going to be professional now."

0:55:570:55:59

So I didn't get to eat, I didn't get to eat my meal,

0:55:590:56:02

I got back on the van and came back.

0:56:020:56:04

But it was like a weight just lifted off my shoulder,

0:56:040:56:08

I was just filled with joy, I was just happy.

0:56:080:56:10

We thought it would be done and over with that day

0:56:130:56:16

and knowing that it wasn't

0:56:160:56:18

and knowing that this would all come back up

0:56:180:56:20

in two months or in two years

0:56:200:56:22

and not knowing when was really frustrating.

0:56:220:56:27

I was kind of mad that it didn't happen, just because...

0:56:280:56:33

..I just wanted it over with,

0:56:360:56:37

I didn't want to have to deal with it all again in the future.

0:56:370:56:40

I understand that, you know, Kent Kincaid was a lot more

0:56:480:56:52

than the person I encountered on that street that night, you know?

0:56:520:56:56

I know...

0:56:560:56:58

I know I took someone's father,

0:56:580:57:00

someone's husband.

0:57:000:57:02

You know, when I think about my relationship with my father

0:57:020:57:08

it's very strong,

0:57:080:57:10

but that's something that I took away from his daughters, you know?

0:57:100:57:13

Two little innocent girls, right?

0:57:130:57:16

I think about Nancy

0:57:250:57:27

and she watched her husband get shot

0:57:270:57:28

and that has to be very, very, very traumatic, right, you know?

0:57:280:57:33

But I cannot take back what I did.

0:57:330:57:35

I'm sorry, you know?

0:57:360:57:38

I'm not sorry just cos I'm locked up -

0:57:380:57:43

I genuinely regret what happened, you know?

0:57:430:57:45

I wish it never had happened.

0:57:450:57:47

I'm sorry.

0:57:570:57:59

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