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