0:00:02 > 0:00:10This programme contains scenes which some viewers may find upsetting.
0:00:14 > 0:00:17He gave us both a kiss. Said he'd see us later.
0:00:17 > 0:00:19And that was the last time.
0:00:24 > 0:00:26It was a murder weapon. I stabbed the victim.
0:00:26 > 0:00:29But no physical evidence whatsoever.
0:00:36 > 0:00:40If you take a life, you more or less just dug your own grave.
0:00:50 > 0:00:53We just hope, we pray...
0:00:53 > 0:00:56that things do change between today and tomorrow.
0:01:13 > 0:01:17CHANTING
0:01:24 > 0:01:29CHANTING
0:01:29 > 0:01:32Good afternoon and welcome to death penalty clinic
0:01:32 > 0:01:34at the University of Houston Law Centre.
0:01:34 > 0:01:38Over the next 14 weeks, you will be working on real life cases.
0:01:38 > 0:01:40These are murderers who society has deemed
0:01:40 > 0:01:43that they are the worst of the worst of the worst.
0:01:43 > 0:01:46Their state and federal appeals have been exhausted.
0:01:46 > 0:01:51And we are on a literal countdown to execution.
0:01:51 > 0:01:54You are their last and only hope,
0:01:54 > 0:01:57and so you must take this work absolutely seriously.
0:02:03 > 0:02:06Some of Texas' brightest students
0:02:06 > 0:02:08are signing up for an extreme law course.
0:02:08 > 0:02:13They'll be trying to save killers on death row.
0:02:13 > 0:02:17You all are going to be dealing with police officers.
0:02:17 > 0:02:19You all are going to be dealing with prosecutors.
0:02:19 > 0:02:21You all are going to be dealing with prison inmates.
0:02:21 > 0:02:24I think that's a pretty important responsibility
0:02:24 > 0:02:26that you all have this semester.
0:02:28 > 0:02:33The contributions of the interns are critically important.
0:02:33 > 0:02:37We don't have to pay students and interns what we would have to pay
0:02:37 > 0:02:40a professional investigator.
0:02:40 > 0:02:45So we're able to do as good a job with almost no money
0:02:45 > 0:02:47as I think anybody in the country could do.
0:02:49 > 0:02:53The students will be working on two crisis appeals,
0:02:53 > 0:02:57trying to save some of the youngest prisoners facing execution.
0:02:58 > 0:03:01Gang member and drive-by killer Robert Garza.
0:03:03 > 0:03:06And prison guard murderer Robert Pruett.
0:03:08 > 0:03:13The people on my team are young people.
0:03:13 > 0:03:15And here it is,
0:03:15 > 0:03:20they are confronting the death of somebody
0:03:20 > 0:03:25who is not a whole lot older than they are, you know?
0:03:25 > 0:03:28And who has been in prison
0:03:28 > 0:03:33from about the age that they are now.
0:03:43 > 0:03:4425-year-old Kelly Hickman
0:03:44 > 0:03:49has been volunteering at the death penalty clinic for two years.
0:03:50 > 0:03:53She's now in her final months of law school.
0:03:53 > 0:03:56The first crisis case I remember working on
0:03:56 > 0:03:57was a guy named Keith Thurmond.
0:03:57 > 0:04:00And the reason he sticks in my mind
0:04:00 > 0:04:04is cos he was the first death row prison visit I had.
0:04:04 > 0:04:07And he was executed a couple of weeks later.
0:04:07 > 0:04:09We've had Bartee.
0:04:09 > 0:04:11Bartee has been around the clinic for a little while.
0:04:11 > 0:04:14He's had two execution dates since I've been here
0:04:14 > 0:04:18and we've been able to get him off of both execution dates.
0:04:18 > 0:04:21We've also had Carroll Parr.
0:04:21 > 0:04:23And Cobb.
0:04:24 > 0:04:27Ken Teniya.
0:04:28 > 0:04:30Feldman.
0:04:30 > 0:04:34There's gotta have been others. But they're all dead now.
0:04:35 > 0:04:38This is my last year at the clinic.
0:04:38 > 0:04:40It does mean that these will probably be
0:04:40 > 0:04:42the last cases I work on,
0:04:42 > 0:04:45and so a reaction becomes a little bit more meaningful.
0:04:45 > 0:04:49You know, I don't want the last case that I work on to end on a bad note.
0:04:49 > 0:04:53I really want to put my all into it, to do as good a job as possible
0:04:53 > 0:04:57and save his life, if it's possible.
0:05:08 > 0:05:12My name is Robert Pruett. I'm 33 years old.
0:05:12 > 0:05:15I've got an execution date for May 21.
0:05:15 > 0:05:19I'm here for the capital murder of a corrections officer.
0:05:19 > 0:05:23That's what they convicted me for.
0:05:30 > 0:05:32At this point, there's not a lot
0:05:32 > 0:05:35that I can do myself to prevent my execution.
0:05:35 > 0:05:38But I have a legal team.
0:05:38 > 0:05:40I'll tell you right now, I got lucky to have people helping me.
0:05:40 > 0:05:43There's a lot of guys here who don't get any help.
0:05:43 > 0:05:45They're stuck with what they get and die because of it.
0:05:45 > 0:05:47I got really lucky.
0:06:01 > 0:06:04'A Texas prison guard is dead, the victim of a stabbing.'
0:06:04 > 0:06:07'Police are searching for a prison guard's killer.'
0:06:07 > 0:06:10'37-year-old Daniel Nagle was stabbed to death...'
0:06:10 > 0:06:12'..a stabbing at the McConnell Prison near Beeville.
0:06:12 > 0:06:16'A prison spokesman said one or more inmates stabbed Nagle to death.'
0:06:19 > 0:06:21Hi, I'm here to see the Pruett evidence.
0:06:23 > 0:06:27The first step for Kelly is to get to know the facts of the crime.
0:06:27 > 0:06:31'He was stabbed to death and a makeshift knife was found.'
0:06:31 > 0:06:34'A thin metal rod six to nine inches long was found near the body.'
0:06:34 > 0:06:36'The investigation is still ongoing.'
0:06:36 > 0:06:39'Internal affairs officers conducted a very thorough investigation.'
0:06:39 > 0:06:43'20-year-old Robert Lynn Pruett has been indicted for the murder of Officer Daniel Nagle.
0:06:43 > 0:06:46'They're also going after the death penalty.'
0:06:47 > 0:06:51Generally when a case first comes in, we pour ourselves into the case
0:06:51 > 0:06:54and we kind of read over the transcripts
0:06:54 > 0:06:56and try and talk to the parties involved, and just kind of
0:06:56 > 0:06:59think about what possible claims we can make.
0:06:59 > 0:07:02We're looking for any possible avenue that we can
0:07:02 > 0:07:04to get a stay of execution.
0:07:06 > 0:07:09Among the evidence is the original interview
0:07:09 > 0:07:12conducted in the McConnell Prison by investigator Bill Lazenby.
0:07:36 > 0:07:39I've interviewed Offender Pruett
0:07:39 > 0:07:43I would say around 6-6:30 that evening, same evening.
0:07:43 > 0:07:46We had received information
0:07:46 > 0:07:50that a young white male had assaulted Officer Nagle.
0:07:50 > 0:07:54Another inmate witnessed something earlier that day
0:07:54 > 0:07:57between Officer Nagle and Offender Pruett.
0:07:59 > 0:08:03A few hours before his murder, Daniel Nagle had written
0:08:03 > 0:08:08a disciplinary report on Robert Pruett for breaking prison rules.
0:08:08 > 0:08:13You're not allowed to enter this rec yard with any bag, food.
0:08:13 > 0:08:18Offender Pruett was attempting to go onto the rec yard with a sandwich.
0:08:18 > 0:08:21Officer Nagle refused his entrance.
0:08:21 > 0:08:23He became belligerent to Officer Nagle.
0:08:23 > 0:08:27That was the purpose of the disciplinary which was written.
0:08:44 > 0:08:49I did ask him if he had assaulted Officer Nagle and he denied that.
0:08:49 > 0:08:53I asked him if he had had a relationship with Officer Nagle
0:08:53 > 0:08:57earlier that day that would have caused him to become angry.
0:08:57 > 0:08:58He denied that.
0:08:58 > 0:09:01He was in denial of anything we would ask him.
0:09:06 > 0:09:12Some of the witnesses were telling us that he was either sitting on him
0:09:12 > 0:09:17or standing on him, and when he'd hit him his body would tremble,
0:09:17 > 0:09:20because he was hitting him so hard with the shank.
0:09:22 > 0:09:25The murder weapon was recovered by the investigators.
0:09:28 > 0:09:31And next to Daniel Nagle's body
0:09:31 > 0:09:34they found the ripped pieces of Robert Pruett's report.
0:09:37 > 0:09:42The disciplinary report torn up, laying there at the crime scene.
0:09:42 > 0:09:47That's what led to the ultimate conclusion that we went with.
0:09:48 > 0:09:52All the evidence we could gather led us to Offender Pruett.
0:09:57 > 0:09:59I think any time you see the body of the victim,
0:09:59 > 0:10:02it makes the crime very real.
0:10:02 > 0:10:04This was a real person, you know,
0:10:04 > 0:10:07there's, you know, a real impact from his death.
0:10:07 > 0:10:10But you also can't let it bog you down, like,
0:10:10 > 0:10:12the job we're doing is to save Robert
0:10:12 > 0:10:15and it's terrible what happened to the, you know, Officer Nagle,
0:10:15 > 0:10:18but that doesn't impact the job we need to do on Robert.
0:10:31 > 0:10:34Once a crisis case comes into our lives, we are trying to do one thing
0:10:34 > 0:10:38and one thing only, and that is to stop the execution from occurring.
0:10:38 > 0:10:42We will look into a case to see, are there avenues to do that?
0:10:42 > 0:10:43By looking at...
0:10:43 > 0:10:46The team starts work on one of the most common appeals used
0:10:46 > 0:10:50to try to get a death sentence reduced to life without parole.
0:10:50 > 0:10:54It's called a mitigation claim.
0:10:54 > 0:10:58Evidence about our inmate that should have been presented at trial.
0:10:58 > 0:11:02You will be looking for a variety of things, such as...
0:11:02 > 0:11:07a history of poverty, neglect,
0:11:07 > 0:11:11drug abuse in the family, violence,
0:11:11 > 0:11:16physical and even sexual abuse.
0:11:16 > 0:11:18If the jury had known about this mitigating evidence,
0:11:18 > 0:11:23they would not have sentenced our inmate to death.
0:11:23 > 0:11:24CAR DOOR BEEPS
0:11:30 > 0:11:34We are going to go to visit Marcia Pruett,
0:11:34 > 0:11:36which is Robert Pruett's mother.
0:11:36 > 0:11:39She lives in the Fifth Ward of Houston.
0:11:39 > 0:11:42It's definitely not a good area.
0:11:42 > 0:11:45You don't want to be there at night without a gun.
0:11:45 > 0:11:48Definitely don't want to be there in a nice car.
0:11:52 > 0:11:54- Here.- Yeah, here we are.
0:11:56 > 0:11:59In the course of learning about Robert Pruett's life,
0:11:59 > 0:12:02we've discovered that Sam, his dad, was convicted
0:12:02 > 0:12:05of armed robbery and was imprisoned
0:12:05 > 0:12:08until Robert was about six or seven years old.
0:12:08 > 0:12:12We think there was violence in the household as well as drugs.
0:12:12 > 0:12:14DOG BARKS
0:12:14 > 0:12:16- Hey, Marcia, how are you doing? - All right.
0:12:16 > 0:12:18- Can we come in and talk?- Yeah.
0:12:20 > 0:12:22Hi, puppies!
0:12:22 > 0:12:25'Marcia's been a little bit difficult to speak to.
0:12:25 > 0:12:30'She, I think, is embarrassed a little bit about her family's past.
0:12:30 > 0:12:33'And so, she's hidden a lot of information from us.'
0:12:33 > 0:12:37- So I know growing up, your family didn't have a lot to eat.- Yeah.
0:12:37 > 0:12:38Were there ever times
0:12:38 > 0:12:40when you didn't have running water and electricity?
0:12:40 > 0:12:42- A lot of times.- A lot of times.
0:12:42 > 0:12:45SHE COUGHS
0:12:47 > 0:12:48DOG BARKS
0:12:48 > 0:12:49So, when growing up,
0:12:49 > 0:12:52the drugs in the house were weed and cocaine, right?
0:12:52 > 0:12:54Right. That was it.
0:12:54 > 0:12:58And so, who smoked cocaine?
0:12:58 > 0:13:00- Sam and I did.- You and Sam?
0:13:00 > 0:13:06- And so, I mean...- I know, I don't really want to talk about it...
0:13:06 > 0:13:09I know, I know it's, like, hard to kind of talk to us,
0:13:09 > 0:13:11but, like, Lauren and I really aren't judging you.
0:13:11 > 0:13:13'This is very, very, very private,
0:13:13 > 0:13:16'kind of intimate information about'
0:13:16 > 0:13:18really rough family history stuff.
0:13:18 > 0:13:23And we're asking as almost a total outsider for as much information
0:13:23 > 0:13:26as we can about the goriest, dirtiest,
0:13:26 > 0:13:29the most terrible things that they can remember about their family.
0:13:29 > 0:13:32And, like, is there anything that you can think of, like,
0:13:32 > 0:13:35any sexual abuse, like, sort of physical abuse...?
0:13:35 > 0:13:36- Not really.- No.
0:13:42 > 0:13:46'In order for her to say stuff that helps us,'
0:13:46 > 0:13:49she has to really kind of throw herself under the bus.
0:13:49 > 0:13:51You know, she has to say all the bad stuff that she did
0:13:51 > 0:13:55and, you know, actually nobody wants to do that.
0:13:55 > 0:13:58And we just, you know, like always, we really appreciate your help.
0:13:58 > 0:14:01- And if you think of anything... - If I can think of anything.
0:14:01 > 0:14:04- You call us.- You call us. It is OK.
0:14:04 > 0:14:08Like, when I say that we're available, we're available.
0:14:08 > 0:14:10All the time, we're available all the time.
0:14:14 > 0:14:16To convince Professor Dow,
0:14:16 > 0:14:20Kelly needs more evidence about Robert's childhood.
0:14:20 > 0:14:24So she digs deeper into the Pruett family history.
0:14:24 > 0:14:27In order for our mitigation claims to be successful,
0:14:27 > 0:14:31we really have to get specific information.
0:14:31 > 0:14:34So what we really need is more witness statements
0:14:34 > 0:14:35from family members.
0:14:40 > 0:14:44Right now, I'm headed to Troy's house.
0:14:44 > 0:14:46Troy is Robert's cousin.
0:14:46 > 0:14:49And because Troy was around so much when Robert was younger,
0:14:49 > 0:14:53he becomes really, really key for unlocking a lot of that information.
0:14:58 > 0:15:01Come here, Karma. Come here!
0:15:03 > 0:15:04These are my cousin Michelle's
0:15:04 > 0:15:06two youngest daughters.
0:15:06 > 0:15:09- They're so cute. - This is Karma and Kayla.
0:15:09 > 0:15:11Kayla? My mom's name is Kayla.
0:15:15 > 0:15:17That's a cool name. Karma is a good name too.
0:15:17 > 0:15:20It means good things will happen.
0:15:20 > 0:15:23- Don't listen to her.- Don't listen to me, I'm saying good things!
0:15:23 > 0:15:25If it wasn't for bad luck, we wouldn't have any.
0:15:25 > 0:15:26I want a swimming pool.
0:15:26 > 0:15:31These kids are the next generation,
0:15:31 > 0:15:33are going to do a lot better.
0:15:33 > 0:15:37Make sure they have a place to live, something to eat, you know.
0:15:37 > 0:15:39They don't have to go dumpster-diving for food.
0:15:42 > 0:15:43OK, you all go play.
0:15:46 > 0:15:49So you mentioned dumpster-diving.
0:15:52 > 0:15:55When we lived back in Houston, when me and Robert were younger,
0:15:55 > 0:15:59me and Robert would go, like, to the dumpsters behind HEB and Wal-Mart,
0:15:59 > 0:16:01and stuff like that.
0:16:01 > 0:16:04Do you have any memory at all of Robert being, you know,
0:16:04 > 0:16:06physically abused?
0:16:06 > 0:16:08I have tons of memory of Robert
0:16:08 > 0:16:11being physically abused by his father.
0:16:11 > 0:16:12So, like, what happened?
0:16:12 > 0:16:17There's this one instance when Robert was...
0:16:17 > 0:16:20about as young as one of the little girls that's here,
0:16:20 > 0:16:24he didn't want to smoke weed and his dad kept,
0:16:24 > 0:16:27every time he told his dad no,
0:16:27 > 0:16:30that he won't smoke, his dad would call him a pussy.
0:16:30 > 0:16:34And finally, one day, Sam had enough of Robert telling him no,
0:16:34 > 0:16:35he didn't want to smoke,
0:16:35 > 0:16:37and grabbed him and started beating him and telling him,
0:16:37 > 0:16:41"Look, you're either going to smoke this or I'm going to beat your butt."
0:16:41 > 0:16:43And so he started, that's when he started smoking.
0:16:46 > 0:16:48'Most of the people when they speak to you, obviously,
0:16:48 > 0:16:51'also kind of want to save Robert's life as well.'
0:16:51 > 0:16:54They're his family, they love him, they don't want to see him executed.
0:16:54 > 0:16:58And so, you kind of have to guard against their bias
0:16:58 > 0:16:59and make their statements trustworthy
0:16:59 > 0:17:03by having just as many statements that kind of agree with each other.
0:17:03 > 0:17:07If you have ten statements that all say the same thing
0:17:07 > 0:17:10by different people living in different areas at different times,
0:17:10 > 0:17:14it becomes just significantly more persuasive.
0:17:14 > 0:17:17Did you ever see any physical abuse that happened in the family?
0:17:17 > 0:17:20Did Sam ever hit Robert?
0:17:20 > 0:17:23Quite often. Sam was very mean.
0:17:23 > 0:17:25You know, we all lived in fear because of Sam.
0:17:25 > 0:17:28I was afraid he'd kill me and anybody around me all the time.
0:17:33 > 0:17:36And he would tell me, "Aunt Christine, the man beat me,"
0:17:36 > 0:17:38and he would come to me
0:17:38 > 0:17:41and he would be wounded for being hit over and over.
0:17:41 > 0:17:45Around 12, 11,
0:17:45 > 0:17:47he was smoking crack and shit
0:17:47 > 0:17:51and I know cos I smoked it with him.
0:17:52 > 0:17:54Is there anything that you can think of,
0:17:54 > 0:17:57like, growing up, any sexual abuse?
0:17:57 > 0:18:01They had a couple of older men that would come around the trailers.
0:18:02 > 0:18:06And they would come to "pick the kids up", per se.
0:18:06 > 0:18:08Did you see them specifically take Robert?
0:18:08 > 0:18:11I know, because Robert would come out and...say,
0:18:11 > 0:18:13"Don't ask me what they were doing."
0:18:17 > 0:18:19Part of you is just...
0:18:19 > 0:18:23so terribly sad to find that another person grew up in that kind
0:18:23 > 0:18:27of environment and you realise that they had no chance at life
0:18:27 > 0:18:29because of what happened to them there.
0:18:30 > 0:18:34And the other part of you is happy because it just,
0:18:34 > 0:18:37it's more evidence to make a stronger claim,
0:18:37 > 0:18:40which is more persuasive to a court,
0:18:40 > 0:18:43and it's something that can be used to save their life.
0:18:43 > 0:18:46So even though they had this terrible, terrible upbringing,
0:18:46 > 0:18:49it could be turned around and used to benefit them, which is,
0:18:49 > 0:18:51ultimately, all that we're trying to do.
0:18:56 > 0:19:00Dear Heavenly Father, thank you for this meal we're about to eat.
0:19:00 > 0:19:02Bless it that it might nourish our bodies. Amen.
0:19:07 > 0:19:08You know what I heard?
0:19:08 > 0:19:12You know on the news, how it came out a couple of years ago
0:19:12 > 0:19:15- that they cancelled the last meals for death-row inmates.- What?
0:19:15 > 0:19:18- The special meals...?- Yeah, the last meals that they get, you know,
0:19:18 > 0:19:20which I...which I always thought was kind of sad.
0:19:20 > 0:19:23- Would you have any appetite? - You know how I feel, Kelly.
0:19:23 > 0:19:25If somebody has been convicted,
0:19:25 > 0:19:28why should they be given any special privileges?
0:19:28 > 0:19:30It's not about being given privileges
0:19:30 > 0:19:32so much as not treating them like animals.
0:19:32 > 0:19:35Well, what about the victim?
0:19:35 > 0:19:37You're right.
0:19:37 > 0:19:41Families and children's lives have been destroyed just summarily
0:19:41 > 0:19:43and then suddenly, we fall all over ourselves
0:19:43 > 0:19:44worrying about the guy that did it.
0:19:44 > 0:19:47And what special privileges he should receive?
0:19:47 > 0:19:51But the case we've been working on a lot, at the clinic,
0:19:51 > 0:19:54- is this guy named Robert Pruett. - Uh-huh.
0:19:54 > 0:19:57He had, like, a truly terrible childhood growing up.
0:19:57 > 0:20:01You know, sexual abuse and physical abuse and poverty,
0:20:01 > 0:20:03like "dumpster-diving to get food" poor.
0:20:03 > 0:20:07On top of that, we uncovered like this back story where his dad,
0:20:07 > 0:20:10when his dad came out of prison, when Robert was like maybe seven,
0:20:10 > 0:20:13eight years old, they started giving him drugs.
0:20:13 > 0:20:16Why does that give them a pass?
0:20:16 > 0:20:19Lots of people grow up just like that that aren't murderers.
0:20:19 > 0:20:22I mean, are we saying if you were raised in a good home
0:20:22 > 0:20:27and good standards and good education, and you murder somebody,
0:20:27 > 0:20:29that somehow you are more guilty?
0:20:29 > 0:20:32If you grow up in an environment where your dad's first reaction
0:20:32 > 0:20:34is to stab somebody, it's got to...
0:20:34 > 0:20:37That's fine, but I don't see why that's an excuse.
0:20:37 > 0:20:40You've destroyed somebody else's life and families.
0:20:40 > 0:20:42And then to suddenly stand there and think,
0:20:42 > 0:20:46"Oh, I should be given some kind of consideration because I...
0:20:46 > 0:20:50"you know, had to eat out of a dumpster," I don't,
0:20:50 > 0:20:53I'm sorry, I just don't believe that.
0:21:00 > 0:21:03Before the team can finish their investigation,
0:21:03 > 0:21:06they have one final, difficult problem.
0:21:06 > 0:21:10How to explain why Pruett was in prison in the first place,
0:21:10 > 0:21:13without undermining their case.
0:21:17 > 0:21:22We're going on a journey through Robert's life,
0:21:22 > 0:21:24from the beginning to the end.
0:21:24 > 0:21:27In a lot of ways, this is where that journey ends
0:21:27 > 0:21:31because this is the last place that Robert ever was as a free person.
0:21:36 > 0:21:40'A man has been stabbed to death in a fight at a trailer park.'
0:21:40 > 0:21:44'Three men attacked resident Ray Yarborough after an argument.'
0:21:44 > 0:21:49'Ray Yarbrough was stabbed multiple times and died from his injuries.'
0:21:53 > 0:21:56Robert first got put in prison because he was convicted under
0:21:56 > 0:22:00the law of parties for murdering his neighbour, Ray Yarborough.
0:22:03 > 0:22:07And what the law of parties is, it's kind of a law in Texas,
0:22:07 > 0:22:13that, if you're part of a group of people that are committing a crime,
0:22:13 > 0:22:15even if you don't actually commit the crime yourself,
0:22:15 > 0:22:19then you're just as guilty as the people that did commit it.
0:22:19 > 0:22:23Ray Yarborough lived in a trailer next to the Pruetts.
0:22:24 > 0:22:28On the day of his death, Robert had a fierce argument with him
0:22:28 > 0:22:30and threatened to kill him.
0:22:30 > 0:22:33Later that night, they ended up fighting.
0:22:35 > 0:22:38I was asleep on my mother's couch in the trailer.
0:22:38 > 0:22:42Robert comes to wake me up. He says, "Hey, Ray's home, Ray's home."
0:22:46 > 0:22:50Well, I'm in bed asleep. This is about 10 o'clock at night.
0:22:50 > 0:22:52My oldest son came in and woke me up,
0:22:52 > 0:22:56said, "Robert's outside with Ray," which was our neighbour.
0:22:58 > 0:23:00Robert was only 15 at that time.
0:23:00 > 0:23:05So when I got up, I go outside to check this dude.
0:23:05 > 0:23:07And my dad was struggling then.
0:23:07 > 0:23:10Time I get over there, I've pulled him up off my dad
0:23:10 > 0:23:13and me and Ray started going at it.
0:23:13 > 0:23:15He gets up on top of me.
0:23:15 > 0:23:18My dad, he's coming round the trailer and everything
0:23:18 > 0:23:20to pull him up off of me.
0:23:20 > 0:23:24But as he pulls him up off of me, stabbing him.
0:23:24 > 0:23:27I don't know where the knife came from, you know.
0:23:27 > 0:23:28But my dad had a knife.
0:23:33 > 0:23:35It was a steak knife that was laying on the counter.
0:23:35 > 0:23:37When I come out of the house,
0:23:37 > 0:23:40I picked it up and stuck it in my back pocket.
0:23:40 > 0:23:42For self-defence!
0:23:45 > 0:23:48Ray Yarborough died from multiple stab wounds.
0:23:51 > 0:23:55Sam Pruett was sentenced to life in prison for the killing.
0:23:58 > 0:24:01Steven Pruett got 40 years.
0:24:03 > 0:24:07Robert had turned 16 by the time the case came to trial.
0:24:10 > 0:24:15He was sentenced as an adult and given 99 years.
0:24:22 > 0:24:25When somebody's already in prison for murder,
0:24:25 > 0:24:28it kind of makes your mitigation investigation a bit more difficult
0:24:28 > 0:24:30cos you have to counter that.
0:24:30 > 0:24:33And it makes it easier for the state to prove their case.
0:24:33 > 0:24:35You know, they think, "He's killed someone before,
0:24:35 > 0:24:38"then he definitely deserves the death penalty now."
0:24:38 > 0:24:40So it just makes it harder at every stage.
0:24:50 > 0:24:55All of the mitigation evidence has been sent to Professor Dow.
0:24:55 > 0:24:58It's time for his verdict.
0:24:58 > 0:25:01I would say that the evidence in Pruett's case
0:25:01 > 0:25:03was some of the most compelling,
0:25:03 > 0:25:07strongest evidence that I've seen in more than 20 years of doing this.
0:25:07 > 0:25:10Even when you think, this was for all intents
0:25:10 > 0:25:12and purposes a kid who was sentenced to
0:25:12 > 0:25:16life in prison for a murder that he didn't even commit himself,
0:25:16 > 0:25:21that he was present for, that was committed by his abusive father.
0:25:21 > 0:25:24And in this case, if the jury had heard this evidence,
0:25:24 > 0:25:28Pruett would unquestionably have been sentenced to life in prison,
0:25:28 > 0:25:30rather than a death sentence.
0:25:30 > 0:25:32We're going to bundle it all up and we're going to write
0:25:32 > 0:25:34it into a legal claim
0:25:34 > 0:25:37and we're going to go file it in federal court.
0:25:37 > 0:25:38- See you later.- Definitely.
0:25:50 > 0:25:55BAGPIPES PLAY AMAZING GRACE
0:26:09 > 0:26:12Today, we remember the brave men and women,
0:26:12 > 0:26:13our co-workers in corrections,
0:26:13 > 0:26:17who have given their very lives in the service of the people
0:26:17 > 0:26:18of our state and our country.
0:26:22 > 0:26:26Daniel wasn't just a corrections officer. He was my little brother.
0:26:26 > 0:26:28He was my baby.
0:26:30 > 0:26:35He was giving and kind and he was always there for his kids.
0:26:35 > 0:26:39You never saw him without at least one of them.
0:26:39 > 0:26:42He cared for everybody around him.
0:26:44 > 0:26:47Their lives had a purpose.
0:26:47 > 0:26:50They left a mark and their memory will live on.
0:26:56 > 0:27:01That morning, when he got up and got ready,
0:27:01 > 0:27:05I'd just had Rebecca, so I was in the bed round about the time he was
0:27:05 > 0:27:07getting ready to walk out the door.
0:27:07 > 0:27:10And he went to go check on Rebecca because she was starting to wake
0:27:10 > 0:27:16up, she was fussing, and he brought her to me and gave us both a kiss
0:27:16 > 0:27:19and said he would see us later.
0:27:19 > 0:27:22Told us he loved us.
0:27:25 > 0:27:27And that was the last time.
0:27:45 > 0:27:47Whenever my father passed away,
0:27:47 > 0:27:51I was roughly two and a half months old,
0:27:51 > 0:27:53so I don't really remember much.
0:27:53 > 0:27:57The first memory I have involving him,
0:27:57 > 0:28:00I do remember being at his funeral.
0:28:01 > 0:28:04I think he looks a lot like Daniel.
0:28:09 > 0:28:14Daniel Nagle's children have been raised by their grandparents.
0:28:14 > 0:28:18Michael and Rebecca have had a very hard life.
0:28:18 > 0:28:23They first lose their dad
0:28:23 > 0:28:29and then, their mother gets...on drugs.
0:28:29 > 0:28:35She...is indisposed of right now, she's in jail.
0:28:37 > 0:28:42And if this had not happened to Daniel, Crystal wouldn't be in jail.
0:28:42 > 0:28:48I hold Robert Pruett responsible for everything that's happened,
0:28:48 > 0:28:53for the road that my life went down, the kids not having their daddy.
0:28:53 > 0:28:56I hold Robert Pruett very responsible.
0:28:56 > 0:29:00I don't know how responsible he holds himself and that's what's sad.
0:29:04 > 0:29:10He carved out his own path. It was his decision.
0:29:10 > 0:29:14If he found a way to weasel his self out the legal system,
0:29:14 > 0:29:17and...out of the death penalty...
0:29:19 > 0:29:22..that would not be right because
0:29:22 > 0:29:27if you take a life, you more or less just dug your own grave.
0:29:42 > 0:29:45I don't think I deserve to die for something I didn't do.
0:29:51 > 0:29:55The evidence against me in this case was inmate testimony.
0:29:55 > 0:29:57Everybody... These inmates...
0:29:57 > 0:29:59There was, like, five inmates
0:29:59 > 0:30:01and each one of them had a different story.
0:30:05 > 0:30:08There was absolutely no physical evidence
0:30:08 > 0:30:12connecting me to this crime at all. You know?
0:30:12 > 0:30:15From what I've read about the crime scene,
0:30:15 > 0:30:19it was a messy crime scene, like there was a murder weapon,
0:30:19 > 0:30:24there was evidence everywhere, a stabbed victim...
0:30:24 > 0:30:28But no physical link between me and this crime whatsoever.
0:30:34 > 0:30:36People frequently ask me
0:30:36 > 0:30:42whether I believe that my clients who claim innocence are innocent.
0:30:42 > 0:30:45And I'm going to tell you about Mr Pruett,
0:30:45 > 0:30:49what I tell them about almost all of my clients,
0:30:49 > 0:30:53which is I don't know. I wasn't there.
0:30:53 > 0:30:56What I know is, the guard was stabbed to death
0:30:56 > 0:31:01and Pruett didn't have any of the guard's blood on his clothes,
0:31:01 > 0:31:03he didn't have any of the guard's blood on his body,
0:31:03 > 0:31:07he didn't have any of the guard's blood in his hair.
0:31:07 > 0:31:14If I had been a juror in Pruett's case, there was no possible way that
0:31:14 > 0:31:20I could ever have voted to convict him on the basis of this evidence.
0:31:22 > 0:31:27Evidence shows that 3-5% of all people in prison did not
0:31:27 > 0:31:29commit the crime for which they were convicted.
0:31:29 > 0:31:34There are documented cases where inmates have been sentenced to death
0:31:34 > 0:31:37and then evidence has proven that they did not commit the crime.
0:31:37 > 0:31:42The team are working on another appeal for Robert Pruett,
0:31:42 > 0:31:46DNA testing, which they hope could cast doubt on his conviction.
0:31:46 > 0:31:49You end up with eight.
0:31:50 > 0:31:51Two pieces.
0:31:51 > 0:31:54Right?
0:31:54 > 0:31:58Robert Pruett claims he didn't kill Officer Nagle
0:31:58 > 0:32:04and never touched the disciplinary report found at the crime scene.
0:32:04 > 0:32:06The team want it re-tested for DNA.
0:32:07 > 0:32:10In the ten years since Robert's trial,
0:32:10 > 0:32:12science has evolved tremendously,
0:32:12 > 0:32:16so all kinds of testing is available that wasn't previously available.
0:32:16 > 0:32:20And now I'm touching the back of this, the front of this,
0:32:20 > 0:32:22so now I've touched four.
0:32:24 > 0:32:27Whoever tore up the report should have left
0:32:27 > 0:32:30traces of their DNA on the paper.
0:32:30 > 0:32:33Up-to-date tests might detect it.
0:32:33 > 0:32:37The state is trying to make a case that Robert murdered
0:32:37 > 0:32:40Officer Nagle because of the disciplinary report.
0:32:40 > 0:32:45They found that motive because the report was torn over Nagle's body.
0:32:45 > 0:32:47So if we have this report tested
0:32:47 > 0:32:50and there's somebody else's DNA on it,
0:32:50 > 0:32:55then it shows either at a minimum that somebody else was there,
0:32:55 > 0:32:58but if nothing else, it definitely refutes the proof
0:32:58 > 0:33:01and it makes it look a lot more like Robert was innocent.
0:33:01 > 0:33:03If we do testing on the report
0:33:03 > 0:33:07and find DNA that didn't belong to either Pruett or Nagle,
0:33:07 > 0:33:09and then to match it to somebody
0:33:09 > 0:33:12who we can make a plausible argument was responsible,
0:33:12 > 0:33:18then it destroys the state's theory that somehow the scattered
0:33:18 > 0:33:22remains of the report are what demonstrate Pruett did it.
0:33:32 > 0:33:37So it's 7am and we're in the car, headed to Beeville,
0:33:37 > 0:33:42so that we can file an appeal Robert's behalf.
0:33:42 > 0:33:45At this stage in litigation, every second counts
0:33:45 > 0:33:47and so we have to make the three-hour
0:33:47 > 0:33:51drive at seven in the morning so we can get there by ten,
0:33:51 > 0:33:54so the judge has all day to at least look at the motion
0:33:54 > 0:33:57and hopefully rule on it by the end of the day Friday.
0:33:57 > 0:34:01Right now, Robert only has a few days left to live and if we can
0:34:01 > 0:34:04prolong his life by even 60 more days, or a year,
0:34:04 > 0:34:06then we've done our job.
0:34:07 > 0:34:10I want to file this motion.
0:34:16 > 0:34:20Robert Pruett's crisis appeals are now complete.
0:34:20 > 0:34:25But before every execution, there is one final roll of the dice.
0:34:26 > 0:34:29It's called clemency.
0:34:29 > 0:34:33The state governor has the power to reduce any death sentence
0:34:33 > 0:34:36to life without parole.
0:34:36 > 0:34:39But he's only done it once in 13 years.
0:34:39 > 0:34:44So Kelly tries to find anyone she can to help plead for Robert's life.
0:34:45 > 0:34:51"Dear sir, Mr Pruett's execution date has been set for May 21st 2013.
0:34:51 > 0:34:55"I feel very strongly that he should have his sentence commuted to
0:34:55 > 0:34:59"life in prison without the possibility of parole."
0:34:59 > 0:35:02When we're in kind of crisis stage of cases,
0:35:02 > 0:35:04things happen kind of suddenly,
0:35:04 > 0:35:08and you can never quite predict where help will come from.
0:35:08 > 0:35:10"I know that lots of people would think
0:35:10 > 0:35:14"that I would support this execution because of what he did to my brother.
0:35:14 > 0:35:16"But that is not how I feel".
0:35:18 > 0:35:21When Kelly called me
0:35:21 > 0:35:27and asked me to write a letter about Robert Pruett, I was so angry.
0:35:27 > 0:35:29I wanted retribution, I really did.
0:35:29 > 0:35:33I wanted to go down there and strangle him myself,
0:35:33 > 0:35:36that he could have done this. You know, what was he thinking?
0:35:38 > 0:35:42And then I realised, "This boy has family.
0:35:42 > 0:35:45"And you want to murder him,
0:35:45 > 0:35:49"and you want me to be happy that you're murdering him
0:35:49 > 0:35:54"and making a hole in their family like the hole that's in ours."
0:35:55 > 0:36:00Robert Pruett might not actually deserve our help,
0:36:00 > 0:36:03but I still believe that he is a person
0:36:03 > 0:36:07and I know that he's done some pretty bad things,
0:36:07 > 0:36:10but I just don't think it's fair.
0:36:10 > 0:36:13I mean, two wrongs don't make a right.
0:36:13 > 0:36:15"This man destroyed a family,
0:36:15 > 0:36:19"but sentencing him to death destroys another family, his own.
0:36:19 > 0:36:21"I cannot help but think about this man's mother.
0:36:21 > 0:36:24"I know from experience the hurt that will fill her eyes
0:36:24 > 0:36:27"and the sorrow that will become her expression".
0:36:27 > 0:36:29"Please do not kill Mr Pruett,
0:36:29 > 0:36:32"even though he is guilty of the crime of murder.
0:36:32 > 0:36:37- "Sincerely, Della Nagle". - "Sincerely, Juliana".
0:36:42 > 0:36:43In any crisis case,
0:36:43 > 0:36:47it always reaches that point where you've done everything you can.
0:36:47 > 0:36:49You've played all your cards,
0:36:49 > 0:36:51and you just have to cross your fingers and hope.
0:36:51 > 0:36:54And that's always kind of a terrible feeling.
0:36:58 > 0:37:00If I'm able to be there at the execution,
0:37:00 > 0:37:02I would like to be present.
0:37:04 > 0:37:06It'll bring closure.
0:37:10 > 0:37:13They have convicted him of the murder of my father.
0:37:15 > 0:37:19I say that he deserves his punishment because of his actions.
0:37:28 > 0:37:30I've spoken to many guys who have made the trip
0:37:30 > 0:37:33from Polunsky Unit to the Walls Unit to be executed,
0:37:33 > 0:37:37and that have come within minutes of being executed.
0:37:37 > 0:37:39So I pretty much know the whole process.
0:37:41 > 0:37:44They will take everything from you.
0:37:44 > 0:37:46All you take is just some state clothes, and that's it.
0:37:46 > 0:37:49I heard they even take your glasses from you.
0:37:51 > 0:37:54It's like a 40-minute drive from Livingston to Huntsville.
0:37:58 > 0:38:02And you'll be looking at the forest, you know, the water.
0:38:04 > 0:38:08But if they take my glasses, I'm going to have a hard time seeing,
0:38:08 > 0:38:10because I don't see at a distance.
0:38:17 > 0:38:19'I feel like I know him at this point.
0:38:19 > 0:38:24'If we lost and he was executed, it would hurt.'
0:38:27 > 0:38:32The worst thing that we can do is exaggerate
0:38:32 > 0:38:36the likelihood that we are going to succeed.
0:38:36 > 0:38:43I believe that giving false hope to people is cruel.
0:38:49 > 0:38:52When you get to the Walls Unit, they've got all these big guards
0:38:52 > 0:38:54who tell you, "We're going to take the cuffs off.
0:38:54 > 0:38:57"If there's any problems, we'll give you problems.
0:38:57 > 0:38:59"If you stay calm, we'll treat you like a human.
0:38:59 > 0:39:01"We're going to treat you decently."
0:39:01 > 0:39:05The implication is "..Till we kill you like a dog."
0:39:33 > 0:39:36When you get to the gurney and your final moments,
0:39:36 > 0:39:38the warden gives you an opportunity to speak.
0:39:47 > 0:39:50And then you can just give some kind of signal that you're ready,
0:39:50 > 0:39:52and then they kill you.
0:40:20 > 0:40:24- We found out today we have a 60-day reprieve.- (That's awesome!)
0:40:24 > 0:40:29No, this is really good news. It's really good news.
0:40:29 > 0:40:31I thought this might be good news.
0:40:31 > 0:40:33She said, "I can't tell you on the phone."
0:40:33 > 0:40:37I was like, "Come on, 8.30! It's after 8.30, where is she?"
0:40:37 > 0:40:40Oh, man, my head is going round and round.
0:40:40 > 0:40:43Phew.
0:40:43 > 0:40:46Everyone was e-mailing and everyone was so excited.
0:40:46 > 0:40:49We're all going to go up on Monday and tell Robert.
0:40:49 > 0:40:53We think he might already know, but he might not,
0:40:53 > 0:40:56so at least we ought to break the news to him ourselves on Monday.
0:40:56 > 0:40:59- That'll make him feel better too. - Yeah.
0:40:59 > 0:41:02Oh, I can sleep better. Finally!
0:41:02 > 0:41:03Wow.
0:41:06 > 0:41:09That is so awesome.
0:41:12 > 0:41:15That was the best feeling in the world. It was...
0:41:18 > 0:41:20I don't know, I don't think there's a word
0:41:20 > 0:41:22for how good it felt to deliver that news.
0:41:22 > 0:41:24You know, in this line of work,
0:41:24 > 0:41:27even the small relationship I've had with it,
0:41:27 > 0:41:30it's just all bad all the time,
0:41:30 > 0:41:33like fighting with courts and prosecutors
0:41:33 > 0:41:37and fighting to get information you need and to get results.
0:41:37 > 0:41:40And it's just such an amazing feeling
0:41:40 > 0:41:44to finally have some good news to tell somebody for once.
0:41:52 > 0:41:55The moment that I heard that I got a stay,
0:41:55 > 0:41:57I was like, "I've got a stay!"
0:41:58 > 0:42:03And I went to the door and I let everybody know, "I got a stay!"
0:42:09 > 0:42:10Robert's stay of execution
0:42:10 > 0:42:13is to allow for further DNA testing in the case.
0:42:16 > 0:42:20The Nagle family has been told this process could take up to a year.
0:42:22 > 0:42:25When she told me that he wasn't going to be executed,
0:42:25 > 0:42:27first I was like...
0:42:27 > 0:42:29SHE SIGHS
0:42:29 > 0:42:33And then I was like, "So now we have to think about it longer."
0:42:33 > 0:42:39I'm glad that he's not being executed so soon.
0:42:39 > 0:42:41They're still giving him a chance.
0:42:41 > 0:42:45But I don't know how they're going to try to make him innocent.
0:42:45 > 0:42:47I mean, it was pretty straightforward evidence
0:42:47 > 0:42:49in the first place.
0:42:49 > 0:42:50I always knew that the right guy was in jail.
0:42:50 > 0:42:53I always knew it was the right person.
0:42:53 > 0:42:56And now they tell me that it might not be the right person.
0:42:57 > 0:43:02And my question is, "Why are you telling me this now?"
0:43:09 > 0:43:12Robert Pruett has to live with his conscience.
0:43:13 > 0:43:20When he sleeps at night, I hope he has nightmares. I'm sure he does.
0:43:24 > 0:43:27He's still rotting. I mean...
0:43:27 > 0:43:30Is there anything I can do? No.
0:43:30 > 0:43:33Can I just keep on living my life? Yes.
0:43:55 > 0:43:57I think that doing the work
0:43:57 > 0:44:02requires a certain emotional resilience
0:44:02 > 0:44:06that is common to death penalty lawyers,
0:44:06 > 0:44:09at least common to death penalty lawyers in Texas.
0:44:11 > 0:44:13For every reprieve that you get,
0:44:13 > 0:44:17you have nine clients who are executed, or something like that.
0:44:17 > 0:44:21And so, if you're going to stay in this line of work,
0:44:21 > 0:44:27as a matter of survival, you really narrow your emotional range.
0:44:27 > 0:44:32You know, you don't go out celebrating when you get a stay,
0:44:32 > 0:44:37because the flip side of going out celebrating when you get a stay
0:44:37 > 0:44:40is that you jump off a building every time you don't.
0:44:42 > 0:44:44If every time you lose a client,
0:44:44 > 0:44:47you can't get out of bed for a week or a month,
0:44:47 > 0:44:50you just really need to find something else to do.
0:44:59 > 0:45:03Hi. Is this Jennifer Garza? My name's Kelly Hickman.
0:45:03 > 0:45:10Kelly's last crisis case is defending gang member Robert Garza.
0:45:10 > 0:45:12REPORTER: 'Four women have been shot dead tonight
0:45:12 > 0:45:14'in what police are calling a gang-related killing.'
0:45:14 > 0:45:17'Garza was a member of the Tri-City Bomber street gang.'
0:45:17 > 0:45:20'Tri-City Bomber are one of the most violent gangs.'
0:45:20 > 0:45:24'Members of the Tri-City Bombers ambushed...'
0:45:24 > 0:45:27'..shot multiple times when driving home from work.'
0:45:27 > 0:45:29..Casings were fired into that vehicle.
0:45:29 > 0:45:30It was a horrible crime scene.
0:45:30 > 0:45:32I wasn't there. I didn't kill nobody.
0:45:32 > 0:45:37'The jury decided he was involved. They sentenced him to death.
0:45:37 > 0:45:39'Justice is scheduled to come to Robert Garza
0:45:39 > 0:45:42'in the form of a lethal injection on September 19th'.
0:45:43 > 0:45:47The team are trying to mount a mitigation appeal for Garza,
0:45:47 > 0:45:52but with execution just days away, they receive some bad news.
0:45:52 > 0:45:53We were denied yesterday afternoon,
0:45:53 > 0:45:59and we were denied in the worst possible way.
0:45:59 > 0:46:01They basically just sent me a letter,
0:46:01 > 0:46:03simply informing the trial judge
0:46:03 > 0:46:07that they are not going to rehear the case.
0:46:07 > 0:46:11That happened yesterday at about four o'clock or so.
0:46:11 > 0:46:14I think the likelihood of identifying another claim
0:46:14 > 0:46:18is so close to zero that I don't want to be keeping his hopes alive.
0:46:18 > 0:46:22And if, miraculously, we discover a claim,
0:46:22 > 0:46:24we'll file it without even telling anybody,
0:46:24 > 0:46:26so as far as they're concerned,
0:46:26 > 0:46:30nothing is pending and they won't get their hopes up.
0:46:31 > 0:46:34If you need anybody to talk to,
0:46:34 > 0:46:38of course, you got me, you got Dow, you got Cassandra.
0:46:38 > 0:46:39We're all there.
0:46:42 > 0:46:45This is how most of our cases end, I'm afraid to say.
0:46:47 > 0:46:49- It's all ruined.- Yeah.
0:46:49 > 0:46:54The crisis cases, anyway.
0:47:09 > 0:47:13The team advise Robert Garza's family to prepare for the worst.
0:47:16 > 0:47:19They travel to the small town in Texas
0:47:19 > 0:47:21where all executions take place.
0:47:22 > 0:47:24Huntsville.
0:47:31 > 0:47:33It was a very difficult visit today with Robert,
0:47:33 > 0:47:36because you want to be able to show your love to him,
0:47:36 > 0:47:38and there's not enough time.
0:47:38 > 0:47:41There's not enough time
0:47:41 > 0:47:45in sharing what your feelings are for him.
0:47:45 > 0:47:49Very smiley, saying bye.
0:47:50 > 0:47:51Like any other visit.
0:47:58 > 0:47:59We just hope.
0:47:59 > 0:48:01We pray...
0:48:03 > 0:48:09..that things do change between today and tomorrow. Six o'clock.
0:48:19 > 0:48:21'Robert "Bones" Garza will be executed tonight.
0:48:21 > 0:48:24'The Tri-City Bomber was convicted for his role
0:48:24 > 0:48:27'in the killings of four women back in 2002.
0:48:27 > 0:48:29'He was also linked...'
0:48:29 > 0:48:30Execution days are kind of rough.
0:48:33 > 0:48:36The atmosphere in the clinic gets really tense,
0:48:36 > 0:48:39because everyone's kind of waiting to see what will happen
0:48:39 > 0:48:43and just not really sure how the day's going to play out.
0:48:43 > 0:48:46Hoping for the best, expecting the worst
0:48:46 > 0:48:49and just bracing themselves for that.
0:48:49 > 0:48:51Everyone kind of retreats into themselves
0:48:51 > 0:48:54to handle whatever needs to be handled appropriately.
0:48:55 > 0:48:58'In one hour, Texas prison officials will have the green light'
0:48:58 > 0:49:02to execute one of Texas' most notorious gang members.
0:49:02 > 0:49:05The execution of Robert Garza is scheduled
0:49:05 > 0:49:07for some time after six tonight in Huntsville.
0:49:07 > 0:49:10Kirk Chaisson joins us with the latest on the story.
0:49:10 > 0:49:12Garza has filed a barrage
0:49:12 > 0:49:16of last-minute appeals over the last couple of days.
0:49:16 > 0:49:18They've all been rejected at the state level,
0:49:18 > 0:49:22but each appeal automatically gets kicked up to the US Supreme Court.
0:49:22 > 0:49:25If the Supreme Court decides they want to stay out of it,
0:49:25 > 0:49:28Garza's execution today moves forward.
0:49:28 > 0:49:33Members of the Garza family join campaigners outside the death house
0:49:33 > 0:49:36as they wait for the Supreme Court's final ruling.
0:49:36 > 0:49:38Prison officials tell us
0:49:38 > 0:49:42the death warrant for Robert Garza becomes valid at 6pm.
0:49:42 > 0:49:46His execution could come any time after that.
0:49:46 > 0:49:48As the deadline approaches,
0:49:48 > 0:49:51Kelly gets a call from Robert Garza's wife.
0:49:51 > 0:49:54Hey, what news do you have? I can go and find Jeff.
0:49:54 > 0:49:55INAUDIBLE REPLY
0:49:57 > 0:50:02You want me to put you on the phone with him? OK, so tell me.
0:50:02 > 0:50:03What's going on?
0:50:03 > 0:50:06'Hold on, I'll call you right back, OK?'
0:50:06 > 0:50:07OK, bye.
0:50:09 > 0:50:13It's Jennifer. She says they have really good news for Garza.
0:50:13 > 0:50:15I don't know what's going on.
0:50:17 > 0:50:22It's a totally frustrating feeling, knowing that time is passing,
0:50:22 > 0:50:24knowing that the execution is impending,
0:50:24 > 0:50:26and to get a phone call from Bobby's wife,
0:50:26 > 0:50:28who doesn't want to talk to me
0:50:28 > 0:50:29and is trying to talk to other people
0:50:29 > 0:50:32and won't tell me what's going on or why it's going on,
0:50:32 > 0:50:35I just want to know what's happening
0:50:35 > 0:50:36because I want to help, and I can't help.
0:50:36 > 0:50:40'There's a lot of interest in Bobby's execution
0:50:40 > 0:50:41'all over the state.'
0:50:41 > 0:50:45Reports are coming in of a hold-up at the Supreme Court.
0:50:45 > 0:50:47'I can give you the good news
0:50:47 > 0:50:51'that things are pending before the Supreme Court...'
0:50:51 > 0:50:55If the Supreme Court decides they want to weigh in
0:50:55 > 0:50:57and consider one of these appeals,
0:50:57 > 0:51:01there could be a last-minute stay, a delay in Garza's execution today.
0:51:01 > 0:51:03It's kind of crazy
0:51:03 > 0:51:05that the Supreme Court hasn't ruled yet, though.
0:51:05 > 0:51:10You could say that it means they're actually looking at it.
0:51:10 > 0:51:14But for all we know, they're just, you know, dragging out time
0:51:14 > 0:51:18and then it will just be harder for him and his family.
0:51:24 > 0:51:26Did somebody walk across the street?
0:51:26 > 0:51:28We'll know what's going to happen
0:51:28 > 0:51:32when we see the people walk from this building into that building.
0:51:32 > 0:51:35They go up the stairs there.
0:51:35 > 0:51:36All right, bye.
0:51:40 > 0:51:42It's gone through.
0:51:45 > 0:51:46TEXT ALERT
0:51:58 > 0:52:00Jeff just says there's nothing.
0:52:03 > 0:52:06Apparently, there was a big stir going on
0:52:06 > 0:52:11at the Governor's office, and it didn't amount to anything.
0:52:11 > 0:52:12So...it's done.
0:52:18 > 0:52:19WOMEN SOB
0:52:29 > 0:52:32That's my mom!
0:52:48 > 0:52:50Oh, my God. It's from Ray.
0:52:50 > 0:52:53"As I post this, Robert Garza is being executed."
0:53:04 > 0:53:07I'm here outside the Walls Unit in downtown Huntsville,
0:53:07 > 0:53:12where at 8.41pm tonight, Robert Garza was pronounced dead
0:53:12 > 0:53:15after having received a lethal injection.
0:53:15 > 0:53:19Approximately ten minutes goes by in stunned silence
0:53:19 > 0:53:23inside that room while I and the other members of the media
0:53:23 > 0:53:27are just feet away from the members of Garza's family,
0:53:27 > 0:53:34who are racked with emotion and anguish as they watch him slip away.
0:53:34 > 0:53:36Again, at 8.41pm tonight,
0:53:36 > 0:53:39Robert Garza was pronounced dead by lethal injection.
0:53:39 > 0:53:42In Huntsville, Kirk Chaisson, Channel 5 News at 10.
0:53:46 > 0:53:47All right?
0:53:57 > 0:54:01You would think that with time, it would get easier to deal with it,
0:54:01 > 0:54:04or at least you'd learn to deal with it, but it actually gets worse.
0:54:06 > 0:54:08I think it does get worse.
0:54:38 > 0:54:43Joy, relief, a little bit of apprehension about what comes next.
0:54:44 > 0:54:47Be proud of your hard work, your sacrifices.
0:54:50 > 0:54:53Be proud of the decision you made to go to law school.
0:54:55 > 0:55:00# O say can you see
0:55:00 > 0:55:06# By the dawn's early light
0:55:06 > 0:55:07# O say
0:55:07 > 0:55:23# Does that star-spangled banner yet wave
0:55:23 > 0:55:31# O'er the land of the free
0:55:33 > 0:55:46# And the home of the brave? #