Episode 1 Life and Death Row


Episode 1

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Transcript


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This programme contains some scenes which some viewers may find upsetting from the start.

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AUTOMATED MESSAGE: This is a free call from...an inmate at...

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..Cummins Unit.

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This call is subject to recording and monitoring.

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There was so much blood.

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There was just so much blood all over the place.

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There's been a 25-year nightmare for the victims that have had to deal

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with this, and now it is time for that justice to be carried out.

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-REPORTER:

-We have seen widespread protests in Arkansas and beyond,

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as we inch even closer to the first scheduled lethal injection.

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That's great, protect the murderers, uh?

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Protect the killers and don't protect the people that they kill.

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I'm not answering any more questions.

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When does the state learn that this was going to expire at

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the end of April?

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You are going to kill them because the drugs are expiring?

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This is theatre.

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Political theatre.

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There's nothing about having 10 days to plead

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for a man's life that's fair.

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It's pretty much like a slaughter line, and...

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..it's inhumane.

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Now it's been 25 years since he's been on death row.

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So, let's get it over with.

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It's justice for my son, is what it is.

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Arkansas is planning to execute eight people in a ten-day period.

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The rationale for this is that one of the three drugs

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they are intending to use is going to expire on April 30th.

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And so, there's a rush to execute them before that time.

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Er, the drug companies are loathe to have their, er,

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products used for executions.

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And so, the Governor does not know if and when they will ever be able

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to get more drugs.

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How long have you got until the first execution?

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The first execution is April 17th.

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Er, the first of my three clients is set for April 20th.

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-REPORTER:

-Stacey Johnson was convicted of the April 1st,

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1993 murder of Carol Heath of Dequeen.

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Prosecutor, Brian Cheshire, says it's time for justice.

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It was a very horrific murder that was done in the presence of the

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victim's two minor children, that were hiding in a closet.

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I don't see how anybody could have a heart,

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that could have done what this man did.

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Carol Heath was found dead with her throat cut in her Dequeen Duplex.

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Authorities say her six-year-old daughter identified Johnson in

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a photo line-up. He was convicted by a jury trial twice.

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In both trials he was sentenced to death.

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There's no doubt in my mind this man is a very,

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very dangerous man and, er...

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..would be a danger for the same events occurring if he was allowed

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to be walking our streets.

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Stacey Johnson's the only one of the eight

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who has a serious guilt/innocence issue.

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The issue in his case was this,

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there was a child in the home who was allegedly an eye-witness.

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The question is, was she?

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INDISTINCT CHATTER AND LAUGHTER

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Good morning. We're here today in the matter of Stacey Johnson,

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who's represented by his attorney, Mr Jeff Rosenzweig...

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..in that Johnson has applied for clemency.

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He's asking that his sentence be reduced from a death sentence to

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life imprisonment without parole.

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-Of that, Mr Rosenzweig, you may...

-Thank you.

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-..do your presentation.

-Can I thank the members of the Parole Board?

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Er, the issue in Stacey Johnson's case

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is that there was a small child,

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who was the leading witness against him.

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One mental health professional felt that the child was not confident at

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the time to testify.

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That she was essentially being browbeaten by her family into

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identifying Stacey Johnson,

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that there's some question as to whether

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she had seen anything at all.

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Er, et cetera, et cetera, et cetera.

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This was the alleged eye-witness.

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As a society, we should not execute people, er,

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unless we are absolutely sure that they got a fair trial,

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and that there is no doubt.

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For close to 25 years,

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I've been in the Arkansas Department of Correction for a crime

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that I didn't do. I didn't kill Carol Heath at all.

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But I've been here for it.

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Now, I'm not sitting here asking you to free me or do anything else,

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I'm just simply asking for the opportunity and the chance to get

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my case back in court, so I can be heard.

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That's all I'm asking for, cos I mean,

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I'm a point right now where I'm about to lose my life for a crime in

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which I didn't commit.

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Thank you.

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Judy Robinson-Johnson, Stacey's wife.

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I am asking and pleading with this board to let my husband be able to

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prove his innocence, and be one of the many who have been exonerated,

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and not one of the many who were later found to be innocent after

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they were executed.

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Thank you.

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They claim that he slit her throat.

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Stacey did not do this crime.

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If I knew for sure that he did do this...

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..I wouldn't be here today.

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I mean I was...I wouldn't be defending him

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the way I'm defending him.

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Breaking news, as the State of Arkansas and the entire country wait

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to see if Arkansas will carry out a lethal injection

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for the first time in 12 years.

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We have seen widespread protests in Arkansas and beyond over

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the push to execute as many as eight inmates as we inch even closer...

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Is this the right chair here?

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-Yeah.

-Is this how you want me to look?

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-Closer.

-OK.

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Any time a Governor has to set the execution dates,

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it's one most sombre,

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responsibilities a Governor has.

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Er, it's not something you take lightly.

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But you have to reflect upon how these cases began.

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Each of these cases began with horrendous facts of, er,

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individuals being murdered, and not just, er, in an ordinary fashion,

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but in a particular heinous fashion,

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that carries with it the aggravating circumstances that justify

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the death penalty in the eyes of the jury.

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My name is Veronda Brassfield,

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I'm the executive director

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of the Arkansas Coalition to Abolish the Death Penalty -

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and again, I'd like

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to thank all of you for coming out today and showing your support

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for the cause to abolish the death penalty and to stop executions now.

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We are set to make history around the world for something that's

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atrocious, for an assembly line of executions and we need to call on

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the Governor to ask him to have a change of heart.

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A lot of... Is this on?

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I think it is extremely likely that these executions,

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if they go forward are going to go horribly wrong,

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and are not going to end up the way the Governor

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is expecting them to go.

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The rush to use this drug is, you know, bad for the dignity that

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they're trying to do eight in ten days,

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but it's also a terrible idea because it's a terrible drug.

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A lot of the midazolam executions have gone wrong,

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and the problem is midazolam is not an anaesthetic drug.

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In a surgical setting, it's used as a pre-anaesthetic, it's a sedative.

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And so, it cannot induce general anaesthesia

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which is how they're planning

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to use it or how they think it's going to work.

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But the second drug that's used paralyses all the voluntary muscles

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in your body, including the muscles necessary to breathe

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and so what happens is that the person, erm, feels like they're

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suffocating, and its called air hunger.

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And that's where you've seen these gasping,

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coughing, horrible deaths like Joseph Wood in Arizona

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where it took two hours

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for him to die a torturous, horrible death.

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So, we shouldn't be in a hurry to use it.

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Thank you.

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It's pretty much like, well, a slaughter line...

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..isn't it? There's no dignity at all and it's...

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..it's just inhumane...

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..the way they want to do that.

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It's OK, it's OK, it's OK.

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Well, in Arkansas, I guess the majority of the people

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are pro the death penalty.

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In my opinion, it's justice.

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I think that when a man or woman kills another person,

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and they are found guilty and the death penalty is given to them,

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I think they should be put to death.

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They did it in the Bible, I mean, you know,

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in the Bible they stoned them,

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they didn't have all this fancy stuff we've got.

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They stoned them to death.

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It's an eye for an eye and a tooth for a tooth, yes.

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Yes, sir.

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You know, I'm about the most gentle person you could meet.

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You know, I don't even like killing flies.

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But this is, this is something totally different.

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The state promised that they'd put him to death 25 years ago.

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So, let's just do it and let's get it over with.

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My mom was very, very nice and, er...

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..kind. She was just very caring and loving.

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That's the hardest part I have,

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is trying to describe her because it's really, it's hard to do.

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Why do you find it difficult to describe her?

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Because she was just, like, perfect in my eyes.

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And, erm, she was just perfect.

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This is my mom and my dad, and that's me

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and my older brother and sister.

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Then this one right here, this is my mom with her three daughters.

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This one was taken by a famous photographer from Time magazine and

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you can see, you know, she's always dressed real proper.

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You know, she had a full life.

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This whole book is on her Near East travels, here's Cairo.

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She went with Dr Frank C Lobar.

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He's a famous missionary and she travelled around with him and taught

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kids how to speak English, by her drawings.

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She graduated with a BA in fine arts.

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She was an artist.

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This one is the one that she did of me.

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You know, she had to get the sunlight and all that.

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And I sat there and posed while she painted it.

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I think it's a beautiful painting.

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It means a lot to my mom and that's what matters.

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And this is the last painting...

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..that she did.

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Had you seen your mum that day?

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The day before, I'd seen her the day before.

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We had a really nice lunch and then I left and she always,

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every time when you'd leave she'd stand outside, you know,

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and wave and...

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..you know.

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So, I saw her in my rear-view mirror as I'm driving off.

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My step-dad had been out of town, so she was home alone that evening,

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and then the next morning she went into town to get her flu shot,

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meanwhile, this guy's across the street.

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He apparently was doing drugs since the night before.

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He had already broken into the neighbour's house,

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and there was an illegal gun that those neighbours had.

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He saw my mom through the window drive up and pull into the garage,

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and she didn't shut the garage door.

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So, he goes over there with this gun and just walked in and, erm,

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took her around the house and had her gather valuables.

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And then he took her down into the basement into a back room

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and executed her.

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He just shot her in the back of the head for no reason.

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It was just horrible.

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He's the one that saw my mom last and that to me is so upsetting that

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that's the last person that she saw.

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That's why I want him...

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..to be put to death and just to get this over with.

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What will Don Davis' death achieve?

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Probably nothing.

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You know, I mean it's not going to prevent other people from killing,

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that's not how I look at it.

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It's truly to give the family, the people that loved her...

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..peace. That's what it is for me.

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-And you think you will get that?

-Oh, yeah.

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My personal opinion about the death penalty, I think it's horrible.

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I think it's totally misguided.

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Oh, we're definitely heading in the wrong direction if we're doing

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eight in ten days, certainly.

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But, that's apparently the way we as a society have decided to go.

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It's what amounts to a killing spree.

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A killing spree apparently intended

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to convince people that killing people is wrong.

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What do you think your chances are

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of being able to stop these executions?

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Well, we have several things pending in court.

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The odds are against us.

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I think that it's going to do down to the wire,

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at least with regard to the first executions.

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Here in Federal Court,

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lawyers will clash over the effectiveness of the drugs,

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the state plans to use in the lethal injection.

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Much of the focus today on midazolam,

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it's a sedative and the first in the three-drug protocol.

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Lawyers disagree on whether it's strong enough

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to put the inmates into a deep sleep.

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Inmate lawyers argue the second and third drugs would cause

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excruciating pain.

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We're going to be presenting evidence

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from various medical personnel.

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The state's going to respond with experts of its own,

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and then Judge Baker will make a decision,

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and, well, obviously he will have to make it fairly quickly.

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It's a stressful situation because it's life or death.

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It's a race against the clock for all parties involved to schedule

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Arkansas' first execution in 12 years.

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The inmates are hoping they can delay the process just long enough

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for that first drug to expire on April 30th.

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The state has called this hearing unnecessary and frivolous.

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They want Judge Baker to make a decision so that they can get on

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with those scheduled executions set for Monday.

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These law suits being filed are to delay the executions,

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the lawful executions of these individuals

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who have been convicted by juries of heinous crimes.

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If we were to win, it would be a finding

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that they cannot use midazolam.

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If you were to lose, I mean, what would that mean?

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Well, it would show how little we have progressed

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in terms of being a civilised society.

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As you can see, Stacey...

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..is a natural born artist.

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This was close around to the first execution dates,

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cos the first execution was around 2010.

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When I look at those,

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those that are sort of during a darker time frame in his life.

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Erm...

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Everything was pretty much despair for him during that time.

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Pretty much what this picture right here that he drew is him counting

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down his days of him being on death row awaiting his execution,

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and as he's sitting in his cell,

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he's just contemplating everything that he's been through in his life,

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you know, from being a former gangbanger,

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being out there on the street as a young kid.

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You know, he left home at an early age and he turned to the streets and

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joined the Crips. For him, the Crips were his family,

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you know, that's where he felt love, that's where he felt protection,

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as a lot of young black males do.

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So, you know, going from that and just throughout the things

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that he's been through in his life, to now meeting my mother and I,

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you know, a lot has changed for him, in the way he sees things now.

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When it finally dawned on him that us as a family unit, together,

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that's when

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the paintings and the drawings and everything changed from these dark

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looking items, as I say,

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pretty much basically to Tweety Bird and squirrels and teddy bears and

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everything. This is another item he just recently did for me.

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It says, "'Thinking of you Marie", but my middle name is Marie,

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so he always calls me Marie.

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I met Stacey as a correctional officer.

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I started work at Varner Unit,

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Supermax, in June of 2003.

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And the very first night he was just standing in the cell doorway.

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There was a connection that I had, that I had with him when I actually

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looked in his eyes. It was almost like you can...

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..see and feel the actual sadness that was there.

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It's kind of hard to explain.

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Over time, pretty much, we got closer and closer,

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fell in love, and July of last year, 2016, we were officially married.

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That is Stacey and me.

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And it was in the lobby area of the visitation area.

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And that's the three of us.

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He was pretty huge, he's large.

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His hand can cover my entire face, you know, he's a large man.

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He's pretty much been the love of my life,

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you know, even though we don't have a normal marriage relationship that

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everybody else has. But, you know, love is love.

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I wouldn't change a thing, again.

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And then,

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I'm mentally...

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..preparing myself that, hey, we might lose him.

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The eighth amendment to the Constitution says that cruel and

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unusual punishment, er, shall not be inflicted.

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So, while a number of individuals may think,

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"So what if these guys suffer or experience pain,

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"they did something horrible,"

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the Constitution is there to put a check on that.

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What the litigation of Arkansas is about is

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whether the lethal injection

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protocol violates those Constitutional protections.

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It's a battle of the expert witnesses again

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here in Federal Court

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as lawyer's clash over the effectiveness of midazolam.

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Now, lawyers representing the State argue that the drug's FDA Label says

0:26:460:26:51

it is approved specifically for the induction of anaesthesia.

0:26:510:26:55

The Department of Correction points out that the US Supreme Court in

0:26:550:26:58

their 2015 ruling approved the use of midazolam for lethal injections.

0:26:580:27:03

I've been called as a witness to testify in court to talk about what

0:27:050:27:12

I saw when Joe Wood was executed by the State of Arizona

0:27:120:27:16

in 2014. The drug combination was hydromorphone and midazolam.

0:27:160:27:22

We saw Joe Wood strapped to the gurney with the IV lines sticking

0:27:290:27:35

out of his arms.

0:27:350:27:37

His eyes began to close, the colour started to leave his face.

0:27:370:27:43

It appeared to me that he had stopped breathing.

0:27:450:27:49

A minute or two later, it appeared like he yawned.

0:27:500:27:55

His head lurched back,

0:27:550:27:58

he bucked up against the restraining straps that were holding him to the

0:27:580:28:03

table, and then he started to gasp and gulp,

0:28:030:28:07

and struggle to breathe.

0:28:070:28:09

One reporter counted 640 gulps and gasps,

0:28:110:28:17

and that lasted for an hour and 57 minutes before Joe Wood

0:28:170:28:24

finally died.

0:28:240:28:26

I can't believe that in the United States we do this to prisoners.

0:28:310:28:36

It's unconscionable.

0:28:370:28:39

ADC Director Wendy Kelley testified tonight, saying they have been

0:28:460:28:50

practising the executions for the last week or so.

0:28:500:28:53

They're fully prepared for the executions to begin on Monday

0:28:530:28:57

as long as the court allows.

0:28:570:28:58

Were you guys ultimately pleased with what happened today?

0:28:590:29:02

Well, er, the judge hasn't ruled

0:29:020:29:04

but we felt we presented everything that needed to be presented.

0:29:040:29:07

We'll just have to wait and see what the judge rules.

0:29:070:29:10

Do you ultimately feel that she's going to halt these executions?

0:29:100:29:12

Er, I'm not going to predict what the judge does.

0:29:120:29:15

I know she was paying close attention

0:29:150:29:16

and I hope she sees it our way.

0:29:160:29:18

Obviously, this is a national and international story,

0:29:190:29:21

what is the message you believe that the scheduling of these executions

0:29:210:29:25

sends potentially about this state?

0:29:250:29:28

Er, we believe that this is just out of line with

0:29:280:29:32

any sort of standard that should be applied in criminal practice.

0:29:320:29:36

And that by doing this, erm,

0:29:360:29:38

it puts Arkansas far outside the bounds of what society accepts.

0:29:380:29:42

OK, excellent. Thank you.

0:29:420:29:44

-Oh, that's Wendy Kelley there.

-Yeah, there we go.

0:29:440:29:46

Great, erm, we're going to talk to you in one second.

0:29:460:29:49

-Let me ask you this.

-I'm not answering any more questions.

0:29:510:29:54

When did the state learn that this was going to expire

0:29:540:29:56

at the end of April?

0:29:560:29:57

Your department is about to execute these people in a short period of

0:29:590:30:02

time. Don't you think that the people of Arkansas should have an

0:30:020:30:05

answer to these questions?

0:30:050:30:07

Director, it's been more than a month

0:30:080:30:10

that we've been trying to get answers from the state,

0:30:100:30:12

and your department's about to execute these men.

0:30:120:30:14

Don't you think you should answer some of these questions?

0:30:140:30:17

Well, this morning a preliminary injunction was granted

0:30:270:30:31

in Federal Court to block the state's use of midazolam.

0:30:310:30:34

Attorney General, Leslie Rutledge, filing an appeal within hours of

0:30:340:30:39

Baker's ruling being handed down.

0:30:390:30:41

Judge Baker's ruling was out of line with precedent of the Eighth Circuit

0:30:410:30:45

as well as the US Supreme Court.

0:30:450:30:47

The AG's office working overtime to make sure executions

0:30:470:30:51

go as planned on Monday.

0:30:510:30:53

The attorneys and the assistants,

0:30:530:30:55

and everyone here at the office,

0:30:550:30:56

are 100% committed to the people of Arkansas,

0:30:560:30:59

and committed to seeing the rule of law upheld and justice carried out.

0:30:590:31:03

The other inmate who is scheduled to be executed is Bruce Ward.

0:31:150:31:19

We want to give you a little bit of background on him.

0:31:190:31:21

He is a 60-year-old man who has been on death row now for 27 years.

0:31:210:31:26

He's been described as having severe mental disabilities.

0:31:260:31:29

Ward has been on death row for strangling Rebecca Doss.

0:31:290:31:32

This happened inside a convenience store in Little Rock.

0:31:320:31:34

She was an 18-year-old who had just graduated from High School.

0:31:340:31:38

Rebecca Doss' mother has been waiting nearly three decades

0:31:380:31:41

to see her daughter's killer be put to death.

0:31:410:31:44

What about their victims?

0:31:440:31:46

My daughter, you know, er, she didn't want to go that way,

0:31:460:31:50

she hurt too.

0:31:500:31:51

He put her through a lot.

0:31:510:31:53

I don't even try to imagine that.

0:31:540:31:57

We received a call about 2.40 in the morning,

0:32:030:32:07

a homicide out on Rodney Parham.

0:32:070:32:09

Now right here at Advanced Auto is where

0:32:120:32:14

the Jackpot Service Station was,

0:32:140:32:16

and that's where the victim, Rebecca Doss, was working,

0:32:160:32:20

and she was alone in that store.

0:32:200:32:22

According to her parents and friends, Rebecca Doss was very sweet

0:32:280:32:31

and loving and going to church,

0:32:310:32:33

and she did not come from a wealthy family.

0:32:330:32:36

She just took a night job trying to make some money, and, erm,

0:32:360:32:40

it's a shame something like this had to happen to her.

0:32:400:32:42

The video footage showed Mr Ward walking into the store...

0:32:480:32:52

..and he was asking Miss Doss for a key

0:32:530:32:56

to the men's bathroom, and you could see Miss Doss handing him the key,

0:32:560:33:01

and Mr Ward exited the building,

0:33:010:33:04

and you could tell that he went down the side of the building towards

0:33:040:33:07

the men's bathroom.

0:33:070:33:08

A few minutes later it showed

0:33:090:33:11

Mr Ward coming back into the store with this key in his hand, telling

0:33:110:33:17

Miss Doss that the key didn't work,

0:33:170:33:19

and he needed some assistance in opening up the door.

0:33:190:33:21

And that's where Mr Ward forced Miss Doss into the men's bathroom.

0:33:240:33:27

This happened about 2.40am in the morning,

0:33:330:33:36

and there's not a whole lot of traffic,

0:33:360:33:38

and there's not a whole lot of people out and about.

0:33:380:33:40

But the officer was just patrolling in his assigned district and when he

0:33:400:33:44

drove by here, he looked inside,

0:33:440:33:46

and he could not see the, er, store clerk at the desk.

0:33:460:33:51

He'd been in here numerous times and had talked to her,

0:33:510:33:54

and he just did not notice her.

0:33:540:33:55

So, he made a U-turn and he came back and parked and he walked in,

0:33:550:34:00

he didn't see her, so he thought,

0:34:000:34:02

"Well, maybe she went to the rest room area,"

0:34:020:34:04

and as he is approaching the restrooms Mr Ward

0:34:040:34:07

was coming out of the men's bathroom.

0:34:070:34:10

The other officer started searching the bathrooms,

0:34:130:34:16

and that's where they found Miss Doss dead.

0:34:160:34:19

It appeared in the bathroom that he strangled her with his hands,

0:34:280:34:31

and she was partially dis-clothed.

0:34:310:34:33

If it wasn't for the officer driving up at that time...

0:34:340:34:36

..I would, er, base my...

0:34:370:34:40

..facts on the fact that he was probably going to

0:34:410:34:44

commit a rape or sexual assault on her, after her death.

0:34:440:34:47

Bruce never admitted to his crime, he refused to give us a statement.

0:34:500:34:55

He never once said how it happened or why he did it, or if he did it.

0:34:550:34:58

Bruce just...

0:35:000:35:01

..didn't say a word to us at all.

0:35:030:35:04

My belief is that two wrongs don't make a right.

0:35:390:35:42

However, I do believe that a person should be punished for what they've

0:35:420:35:45

done, but not punished to death.

0:35:450:35:48

I think they stay on death row way too long.

0:35:500:35:54

Some people think, "Well, they deserve that,"

0:35:540:35:56

but I think that's inhumane.

0:35:560:35:58

It's gotta be what I call hell on him to know that

0:36:000:36:02

any time he could die.

0:36:020:36:03

It's been years and I haven't heard nothing, now all of a sudden,

0:36:060:36:10

they're going to do eight of them.

0:36:100:36:11

It's like they're killing 'em because they can't use that no more,

0:36:110:36:15

not because of their crime, and that don't seem right.

0:36:150:36:18

I'm planning on...

0:36:430:36:44

..driving down to the prison...

0:36:450:36:50

..to witness the execution.

0:36:520:36:53

But we don't know at this point if it's going to go through.

0:36:550:36:58

There's been a couple of times that I've driven down there...

0:36:590:37:02

..and they called it off.

0:37:030:37:06

If this time its cancelled, I don't know if I can go through it again.

0:37:060:37:10

-Why is that?

-It's emotionally draining, erm,

0:37:130:37:19

I know it's not good for me to be going through this.

0:37:190:37:22

It's not...it's not healthy.

0:37:220:37:24

I think this time I'm really frustrated with the state.

0:37:260:37:29

They clumped them all together, so now it's made it a big deal,

0:37:290:37:33

so people are really up in arms, you know, they're thinking, "Oh, my God,

0:37:330:37:36

"Arkansas' crazy. They're putting all these people to death."

0:37:360:37:40

You know, look at my one story, each one is different.

0:37:400:37:44

You know, I wish they would have just done this one separate,

0:37:440:37:49

you know, six months ago or something

0:37:490:37:53

cos then maybe it wouldn't have been such a big deal.

0:37:530:37:56

Now it's been 27 years since he murdered my mom...

0:37:580:38:02

..and 25 years since he's been on death row...

0:38:030:38:07

..so, you know, let's get it over with.

0:38:080:38:12

I want to see for sure myself that he's dead.

0:38:160:38:20

I need to know that he definitely, he's gone,

0:38:210:38:25

and I won't have to deal with this again,

0:38:250:38:27

you know, I know people could tell me that,

0:38:270:38:31

but I need to see it for myself.

0:38:310:38:32

This is the house right here.

0:38:340:38:36

You know, that was my mom's house, she built it...

0:38:470:38:51

..and she loved this place. I mean, I see my mom all over it.

0:38:520:38:55

Behind the garage up there,

0:38:560:38:58

that's where she did her art work and she had a dark room,

0:38:580:39:02

so, yeah, it was a nice house.

0:39:020:39:04

It kind of... It's really nice to be back here.

0:39:040:39:07

THUNDER RUMBLES

0:39:090:39:10

I love this weather.

0:39:190:39:20

It's getting close.

0:39:300:39:31

Just looking around here at the Cummins Unit parking lot where we

0:40:230:40:27

are, we've got media from all over the world here, Canada, London,

0:40:270:40:30

the national networks, of course the local stations are here as well.

0:40:300:40:33

The changes constantly happen but we here are in a holding pattern.

0:40:330:40:37

Inside the Cummins Unit however, a different scenario unfolding.

0:40:370:40:41

Prison guards and officials are acting as if those two executions

0:40:410:40:45

will in fact take place despite all the legal changes.

0:40:450:40:49

But we still have plenty of time, because the death warrant expires at

0:40:490:40:53

the stroke of midnight.

0:40:530:40:54

"This is Jade F from Arkansas Department of Corrections,

0:41:010:41:04

"we are still planning for everyone to be at central office today

0:41:040:41:08

"at five o'clock.

0:41:080:41:10

"I will call you if something changes."

0:41:100:41:13

-So.

-You know, I saw on the news last night that he was moved to, er,

0:41:130:41:19

the execution unit.

0:41:190:41:22

So, you know, the state is obviously moving forward,

0:41:220:41:25

but at the same time it may or may not happen.

0:41:250:41:27

She's been through it twice and it didn't happen.

0:41:270:41:30

So, we've just got to think, "Well, this is a road trip,

0:41:300:41:32

"you know, we're going to Little Rock and we're going to go shopping,

0:41:320:41:35

"we're going to go out to dinner."

0:41:350:41:38

We could be hearing at any time,

0:41:380:41:39

get the phone call that it's not going to take place.

0:41:390:41:42

So, we've got to have the mind-set that we're just taking a

0:41:420:41:46

road trip, you know, we're going out of town and that just happens to be

0:41:460:41:49

the business that we're taking care of while we're there.

0:41:490:41:52

The execution was supposed to be at seven o'clock...

0:41:550:41:58

..and, er, we hope it goes through.

0:42:020:42:04

This is a really stressful time for people that are opposed to the death

0:42:140:42:17

penalty, that's why we're at the Governor's Mansion to call on our

0:42:170:42:20

Governor to ask him to call this whole plan off because this is

0:42:200:42:23

shedding a horrible light on our state,

0:42:230:42:25

and I think this is going to have some horrible ramifications

0:42:250:42:29

for years to come.

0:42:290:42:31

Yeah, law and order, it's called law and order.

0:42:310:42:34

You've gotta follow the law, it's amazing.

0:42:340:42:36

When we follow the laws, want to cry about the laws.

0:42:360:42:39

Follow the law.

0:42:440:42:45

What are you out here saying to these people that are here?

0:42:470:42:50

I'm saying we need to follow the... what I'm... Now, these people,

0:42:500:42:53

I don't know. They need to get a job for one, do something, man.

0:42:530:42:56

Where were they when they killed all those people?

0:42:560:42:58

When they raped and murdered that guy's wife, where were you all then?

0:42:580:43:01

That's what I'm saying, where were you?

0:43:010:43:03

And so, these executions to you, these would-be justice for...?

0:43:030:43:05

There's needs to be, sure.

0:43:050:43:07

Not me, what, hold up.

0:43:080:43:09

-It isn't me.

-It's 90...

-8 times 12,

0:43:090:43:11

anybody know what 8 times 12 is, it's 96.

0:43:110:43:13

96 jurors said that those people need to be put to death.

0:43:130:43:16

Those trials were 20, some of those over 20 years ago.

0:43:160:43:19

-I'm sorry, what's your name, sir?

-I'm not going to tell you my name.

0:43:190:43:22

-Why not?

-Cos I don't want you to know it.

0:43:220:43:24

You want to speak out but you want to be anonymous?

0:43:240:43:26

Well, it doesn't matter about my name.

0:43:260:43:28

It's not about me or my name, man.

0:43:280:43:30

It's about the state of Arkansas.

0:43:300:43:32

The Governor needs to know

0:43:320:43:33

that the whole state of Arkansas is behind him.

0:43:330:43:35

They're doing the right thing, why are we protesting?

0:43:350:43:38

They're following the law. They're trying to do

0:43:380:43:40

what's supposed to have been done. Keep killers alive,

0:43:400:43:42

protect the killers and don't protect the people that they killed.

0:43:420:43:45

That's a great idea, that's a great philosophy.

0:43:450:43:47

Protect the killers.

0:43:470:43:49

Let's take a... Now, let's go and protect those murderers, man,

0:43:490:43:51

they've changed their lives or something, man.

0:43:510:43:54

Protect the murderers, that's great.

0:43:540:43:56

Protect the murderers, huh?

0:43:560:43:58

We'll protect the murderers, that's a great idea, man.

0:43:580:44:01

These people do not represent the state of Arkansas.

0:44:010:44:03

That man, the people that voted for him, and all that why he won,

0:44:030:44:07

that's what the majority represent.

0:44:070:44:09

The majority of the state want it, period.

0:44:090:44:11

Asa, we love you.

0:44:120:44:13

I'm sorry. It's fair enough.

0:44:160:44:19

Well, I'm just...there's clearly a problem with it.

0:44:340:44:38

That'll be good. Fair enough.

0:44:450:44:46

Fair enough.

0:44:460:44:48

-I'm a good person, man.

-That's why...

0:44:480:44:50

-Do you know what I mean?

-That's why I just came to you.

0:44:500:44:58

Anyway, you all have a good night.

0:45:000:45:06

"Arkansas Attorney General Leslie Rutledge filed an emergency motion

0:45:140:45:18

"with the Arkansas Supreme Court to reverse the blanket

0:45:180:45:22

"stay on executions ordered by Judge Baker,

0:45:220:45:25

"arguing the case should have been dismissed because

0:45:250:45:29

"the challenge over the drug

0:45:290:45:31

"has already been addressed in previous courts."

0:45:310:45:33

I'm really thankful for the people that are fighting on behalf of us.

0:45:330:45:36

You know.

0:45:360:45:38

It's kind of comforting to know that there's people out there that care.

0:45:400:45:43

So, the argument is this drug is unsuitable as an execution drug,

0:45:430:45:49

saying it is not a pain killer and can subject them

0:45:490:45:53

to a cruel and unusual punishment

0:45:530:45:55

and violation of the US Constitution.

0:45:550:45:58

Oh, my gosh.

0:45:590:46:00

I mean... Oh.

0:46:020:46:03

Would they rather have the electric chair?

0:46:040:46:07

You know, I mean, come on.

0:46:090:46:11

We are steps away from Arkansas' death chamber where Don Davis made

0:46:240:46:29

the move here on Friday night for his scheduled execution.

0:46:290:46:32

Bruce Ward has so far not been moved,

0:46:320:46:34

according to prison officials.

0:46:340:46:36

Now, Saturday morning of Easter Weekend, a federal judge,

0:46:360:46:39

Christine Baker, issued a stay of execution

0:46:390:46:42

based on the drug midazolam.

0:46:420:46:44

However, around 5.15 tonight an Eighth Circuit Court of Appeals

0:46:440:46:49

out of St Louis reversed her decision,

0:46:490:46:52

thus allowing these scheduled executions to go through.

0:46:520:46:56

The state got that win as you mentioned,

0:46:560:46:57

when the Eighth Circuit overturned

0:46:570:46:59

the Federal Judge here in Little Rock and said that yes, indeed,

0:46:590:47:02

midazolam is constitutional and the protocol that's used for lethal

0:47:020:47:06

injections in this state is OK.

0:47:060:47:08

Of course, a lot of the focus has been on the drugs being used.

0:47:080:47:13

Will they cause cruel and unusual punishment?

0:47:130:47:15

That awaits to be seen.

0:47:150:47:17

The potential effect of midazolam is that it's not going to have an

0:47:190:47:23

effect. It's not going to render them unconscious

0:47:230:47:26

and then the other drugs

0:47:260:47:28

will do their work while the person is fully conscious.

0:47:280:47:31

It's going to have a sensation of burning,

0:47:330:47:35

of being on fire throughout the body.

0:47:350:47:37

The person is also going to be paralysed and conscious

0:47:370:47:42

but unable to breathe.

0:47:420:47:43

I had a medical procedure and, er,

0:47:450:47:48

I was given it and I woke up a couple of minutes later fully awake.

0:47:480:47:52

You know, I don't that much about this drug,

0:47:560:47:59

but I do know that making another stay,

0:47:590:48:02

a guy has suffered, like, for an hour.

0:48:020:48:04

I've been suffering for 25 years.

0:48:070:48:09

Do you think Don Davis deserves to suffer?

0:48:110:48:14

Oh, yeah.

0:48:140:48:15

Yeah, because my mom sure did.

0:48:170:48:19

So, yeah, he just totally deserves it and the longer the better,

0:48:220:48:25

you know.

0:48:250:48:27

If it lasts for 30 minutes or an hour or whatever.

0:48:290:48:32

I mean...

0:48:320:48:33

..I don't care.

0:48:350:48:37

I know that sounds cold-hearted

0:48:380:48:40

but I really just really truly don't care.

0:48:400:48:43

It's disappointing for the judicial system

0:49:200:49:23

and the perception that people

0:49:230:49:25

have of it.

0:49:250:49:27

And the fact that these sentences were handed down decades ago

0:49:270:49:29

and we're still, we're still going through this

0:49:290:49:32

at the last minute.

0:49:320:49:33

It seems to be a lot of things that are being thrown at the wall to see

0:49:330:49:36

what sticks, hopping on different claims.

0:49:360:49:39

You know, er, I think that's the frustrating part.

0:49:390:49:41

Our staff has been trained,

0:49:460:49:49

and our staff is ready to carry out these sentences

0:49:490:49:52

that have been handed down by a jury.

0:49:520:49:55

Good evening, and thank you for joining us tonight at 10 o'clock

0:49:580:50:01

-everyone. I'm Bob Clausen.

-The state was hopeful earlier in the day

0:50:010:50:04

that both men and their sentences

0:50:040:50:06

would be carried out.

0:50:060:50:07

But Bruce Ward, we have learnt late tonight, will not be executed.

0:50:070:50:11

He was the first inmate set to die, at seven o'clock.

0:50:110:50:15

Now for Don Davis.

0:50:230:50:24

The only hurdle standing in the way is the Supreme Court of the United

0:50:240:50:28

States. If in fact that ruling does come down,

0:50:280:50:32

we have a two-hour window to execute Don Davis.

0:50:320:50:35

In expectation of the Supreme Court's potential decision,

0:50:410:50:45

we are moving forward with the selection of our media witnesses.

0:50:450:50:50

If there is not a consensus from the, er, eligible pool,

0:50:500:50:55

I will select by random draw.

0:50:550:50:57

Bobby, we'll try your last name.

0:51:020:51:04

All right.

0:51:060:51:08

Those individuals who were selected as media witnesses,

0:51:080:51:11

we will have an escort, er,

0:51:110:51:13

to take you to the witness centre.

0:51:130:51:16

I will ask that you sign an acknowledgement

0:51:160:51:18

that you agree to not record the execution in any way.

0:51:180:51:23

Any questions?

0:51:230:51:25

Witnesses will be taken, er,

0:51:320:51:33

to a room adjacent to the execution chamber where they will watch

0:51:330:51:37

the execution take place, when it takes place.

0:51:370:51:40

Again, it can happen any time between now and midnight.

0:51:400:51:43

Solomon Graves, the spokesperson

0:51:570:51:59

for the Arkansas Department of Correction

0:51:590:52:00

is sitting by the phone, which is where he remains stationed until

0:52:000:52:05

he gets that phone call which means

0:52:050:52:07

that the execution has been completed.

0:52:070:52:10

My mom would definitely be against the death penalty.

0:52:470:52:50

Yeah, she would not want him put to death.

0:52:510:52:53

That just shows what a wonderful angel she was, you know.

0:52:550:52:59

But I'm still here on earth.

0:53:020:53:04

If this is what needs to happen for me to have peace,

0:53:050:53:08

you know, bring it on.

0:53:080:53:10

We have just been made aware that the, er,

0:53:440:53:46

United States Supreme Court has maintained the stay of execution

0:53:460:53:51

for Don William Davis.

0:53:510:53:53

Er, the Governor's Office will be making a statement, er,

0:53:530:53:59

as to their perspective of tonight's decision and any next steps.

0:53:590:54:04

Thank you, guys, for your patience tonight.

0:54:050:54:07

It's been a really long evening.

0:54:070:54:09

I'll tell you right now that tonight the families of the victims are on

0:54:090:54:14

the Governor's mind. There's been a lot of talk about the inmates.

0:54:140:54:18

I would encourage you to remember the victims throughout this process

0:54:180:54:21

and their families who've had to go this nightmare for 20, 25,

0:54:210:54:24

30 years, and tonight the justice they were hoping to get, er,

0:54:240:54:29

they will once again, not.

0:54:290:54:31

That is my understanding.

0:54:370:54:38

Thank you, guys, very much.

0:54:420:54:43

The Department of Corrections attention now shifts to

0:54:450:54:48

the executions that are scheduled for Thursday.

0:54:480:54:51

At this point, there are no stays in place for either, er,

0:54:510:54:54

Stacey Johnson or Ledell Leaf, and we are under, er,

0:54:540:54:58

the impression and under the assumption that those executions

0:54:580:55:02

will, er, be carried out as scheduled.

0:55:020:55:04

Thank you all.

0:55:040:55:06

This was my third time and I got really close this time.

0:55:540:55:58

I mean, we were right there.

0:55:580:55:59

It's when turned that corner,

0:56:010:56:02

we were like getting ready to go into the... It was like...

0:56:020:56:05

-This is it.

-Yeah, this is it.

0:56:050:56:07

-Finally, what we've been waiting for.

-Yeah, exactly.

0:56:070:56:10

You were sort of saying yesterday that you're not sure whether you're

0:56:110:56:14

going to do this again.

0:56:140:56:16

Yeah. But do you know what, I think I am.

0:56:160:56:19

It was, like, you know this really possibly could happen,

0:56:190:56:23

and I kind of had a feeling of...

0:56:230:56:26

..like a freedom, like,

0:56:280:56:30

"Oh, my gosh, this might just really happen,"

0:56:300:56:35

and there'll be, like, the skies will clear, you know.

0:56:350:56:39

Part of me could see that there would be closure.

0:56:390:56:43

There would be another feeling that I don't have yet...

0:56:430:56:47

..that will give me closure that'll, like...it's over.

0:56:480:56:52

So, there was like this, like, relief.

0:56:530:56:56

You know, I've taken care of business, it's done.

0:56:560:56:59

But, you know...

0:56:590:57:00

So...

0:57:010:57:02

I saw him kill my mother.

0:57:230:57:25

And I want to know he's dead.

0:57:280:57:30

Ledell Lee is a super predator.

0:57:330:57:36

He kills for fun, he kills for thrill.

0:57:360:57:39

As his attorney, my number one job is making sure he doesn't die.

0:57:410:57:46

We're all here today to try to keep the state from killing people.

0:57:480:57:51

And they may still very well do it.

0:57:510:57:53

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