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This programme contains some scenes which some viewers may find upsetting from the start. | 0:00:02 | 0:00:07 | |
AUTOMATED MESSAGE: This is a free call from...an inmate at... | 0:00:11 | 0:00:14 | |
..Cummins Unit. | 0:00:14 | 0:00:16 | |
This call is subject to recording and monitoring. | 0:00:16 | 0:00:18 | |
There was so much blood. | 0:01:06 | 0:01:08 | |
There was just so much blood all over the place. | 0:01:10 | 0:01:14 | |
There's been a 25-year nightmare for the victims that have had to deal | 0:01:20 | 0:01:25 | |
with this, and now it is time for that justice to be carried out. | 0:01:25 | 0:01:29 | |
-REPORTER: -We have seen widespread protests in Arkansas and beyond, | 0:01:32 | 0:01:36 | |
as we inch even closer to the first scheduled lethal injection. | 0:01:36 | 0:01:40 | |
That's great, protect the murderers, uh? | 0:01:40 | 0:01:42 | |
Protect the killers and don't protect the people that they kill. | 0:01:42 | 0:01:45 | |
I'm not answering any more questions. | 0:01:47 | 0:01:50 | |
When does the state learn that this was going to expire at | 0:01:50 | 0:01:53 | |
the end of April? | 0:01:53 | 0:01:54 | |
You are going to kill them because the drugs are expiring? | 0:01:56 | 0:01:59 | |
This is theatre. | 0:02:01 | 0:02:02 | |
Political theatre. | 0:02:03 | 0:02:04 | |
There's nothing about having 10 days to plead | 0:02:11 | 0:02:14 | |
for a man's life that's fair. | 0:02:14 | 0:02:16 | |
It's pretty much like a slaughter line, and... | 0:02:17 | 0:02:19 | |
..it's inhumane. | 0:02:21 | 0:02:22 | |
Now it's been 25 years since he's been on death row. | 0:02:32 | 0:02:36 | |
So, let's get it over with. | 0:02:36 | 0:02:38 | |
It's justice for my son, is what it is. | 0:02:41 | 0:02:44 | |
Arkansas is planning to execute eight people in a ten-day period. | 0:03:18 | 0:03:22 | |
The rationale for this is that one of the three drugs | 0:03:22 | 0:03:27 | |
they are intending to use is going to expire on April 30th. | 0:03:27 | 0:03:33 | |
And so, there's a rush to execute them before that time. | 0:03:33 | 0:03:38 | |
Er, the drug companies are loathe to have their, er, | 0:03:38 | 0:03:43 | |
products used for executions. | 0:03:43 | 0:03:46 | |
And so, the Governor does not know if and when they will ever be able | 0:03:46 | 0:03:50 | |
to get more drugs. | 0:03:50 | 0:03:51 | |
How long have you got until the first execution? | 0:03:53 | 0:03:55 | |
The first execution is April 17th. | 0:03:55 | 0:03:58 | |
Er, the first of my three clients is set for April 20th. | 0:03:58 | 0:04:02 | |
-REPORTER: -Stacey Johnson was convicted of the April 1st, | 0:04:04 | 0:04:06 | |
1993 murder of Carol Heath of Dequeen. | 0:04:06 | 0:04:09 | |
Prosecutor, Brian Cheshire, says it's time for justice. | 0:04:09 | 0:04:13 | |
It was a very horrific murder that was done in the presence of the | 0:04:13 | 0:04:17 | |
victim's two minor children, that were hiding in a closet. | 0:04:17 | 0:04:21 | |
I don't see how anybody could have a heart, | 0:04:21 | 0:04:24 | |
that could have done what this man did. | 0:04:24 | 0:04:26 | |
Carol Heath was found dead with her throat cut in her Dequeen Duplex. | 0:04:26 | 0:04:31 | |
Authorities say her six-year-old daughter identified Johnson in | 0:04:31 | 0:04:34 | |
a photo line-up. He was convicted by a jury trial twice. | 0:04:34 | 0:04:38 | |
In both trials he was sentenced to death. | 0:04:38 | 0:04:40 | |
There's no doubt in my mind this man is a very, | 0:04:40 | 0:04:42 | |
very dangerous man and, er... | 0:04:42 | 0:04:44 | |
..would be a danger for the same events occurring if he was allowed | 0:04:45 | 0:04:49 | |
to be walking our streets. | 0:04:49 | 0:04:51 | |
Stacey Johnson's the only one of the eight | 0:04:59 | 0:05:02 | |
who has a serious guilt/innocence issue. | 0:05:02 | 0:05:05 | |
The issue in his case was this, | 0:05:05 | 0:05:09 | |
there was a child in the home who was allegedly an eye-witness. | 0:05:09 | 0:05:14 | |
The question is, was she? | 0:05:14 | 0:05:16 | |
INDISTINCT CHATTER AND LAUGHTER | 0:05:35 | 0:05:36 | |
Good morning. We're here today in the matter of Stacey Johnson, | 0:05:56 | 0:06:00 | |
who's represented by his attorney, Mr Jeff Rosenzweig... | 0:06:00 | 0:06:04 | |
..in that Johnson has applied for clemency. | 0:06:05 | 0:06:08 | |
He's asking that his sentence be reduced from a death sentence to | 0:06:08 | 0:06:13 | |
life imprisonment without parole. | 0:06:13 | 0:06:15 | |
-Of that, Mr Rosenzweig, you may... -Thank you. | 0:06:16 | 0:06:18 | |
-..do your presentation. -Can I thank the members of the Parole Board? | 0:06:18 | 0:06:22 | |
Er, the issue in Stacey Johnson's case | 0:06:22 | 0:06:25 | |
is that there was a small child, | 0:06:25 | 0:06:28 | |
who was the leading witness against him. | 0:06:28 | 0:06:30 | |
One mental health professional felt that the child was not confident at | 0:06:30 | 0:06:35 | |
the time to testify. | 0:06:35 | 0:06:36 | |
That she was essentially being browbeaten by her family into | 0:06:36 | 0:06:41 | |
identifying Stacey Johnson, | 0:06:41 | 0:06:42 | |
that there's some question as to whether | 0:06:42 | 0:06:44 | |
she had seen anything at all. | 0:06:44 | 0:06:46 | |
Er, et cetera, et cetera, et cetera. | 0:06:46 | 0:06:48 | |
This was the alleged eye-witness. | 0:06:48 | 0:06:51 | |
As a society, we should not execute people, er, | 0:06:52 | 0:06:56 | |
unless we are absolutely sure that they got a fair trial, | 0:06:56 | 0:07:02 | |
and that there is no doubt. | 0:07:02 | 0:07:04 | |
For close to 25 years, | 0:07:06 | 0:07:08 | |
I've been in the Arkansas Department of Correction for a crime | 0:07:08 | 0:07:11 | |
that I didn't do. I didn't kill Carol Heath at all. | 0:07:11 | 0:07:15 | |
But I've been here for it. | 0:07:15 | 0:07:17 | |
Now, I'm not sitting here asking you to free me or do anything else, | 0:07:17 | 0:07:21 | |
I'm just simply asking for the opportunity and the chance to get | 0:07:21 | 0:07:26 | |
my case back in court, so I can be heard. | 0:07:26 | 0:07:28 | |
That's all I'm asking for, cos I mean, | 0:07:28 | 0:07:30 | |
I'm a point right now where I'm about to lose my life for a crime in | 0:07:30 | 0:07:35 | |
which I didn't commit. | 0:07:35 | 0:07:38 | |
Thank you. | 0:07:38 | 0:07:39 | |
Judy Robinson-Johnson, Stacey's wife. | 0:07:42 | 0:07:44 | |
I am asking and pleading with this board to let my husband be able to | 0:07:47 | 0:07:52 | |
prove his innocence, and be one of the many who have been exonerated, | 0:07:52 | 0:07:58 | |
and not one of the many who were later found to be innocent after | 0:07:58 | 0:08:01 | |
they were executed. | 0:08:01 | 0:08:03 | |
Thank you. | 0:08:03 | 0:08:04 | |
They claim that he slit her throat. | 0:08:07 | 0:08:09 | |
Stacey did not do this crime. | 0:08:14 | 0:08:16 | |
If I knew for sure that he did do this... | 0:08:17 | 0:08:20 | |
..I wouldn't be here today. | 0:08:21 | 0:08:22 | |
I mean I was...I wouldn't be defending him | 0:08:22 | 0:08:24 | |
the way I'm defending him. | 0:08:24 | 0:08:26 | |
Breaking news, as the State of Arkansas and the entire country wait | 0:08:28 | 0:08:32 | |
to see if Arkansas will carry out a lethal injection | 0:08:32 | 0:08:35 | |
for the first time in 12 years. | 0:08:35 | 0:08:36 | |
We have seen widespread protests in Arkansas and beyond over | 0:08:36 | 0:08:41 | |
the push to execute as many as eight inmates as we inch even closer... | 0:08:41 | 0:08:44 | |
Is this the right chair here? | 0:08:52 | 0:08:54 | |
-Yeah. -Is this how you want me to look? | 0:08:55 | 0:08:57 | |
-Closer. -OK. | 0:08:57 | 0:08:58 | |
Any time a Governor has to set the execution dates, | 0:09:02 | 0:09:05 | |
it's one most sombre, | 0:09:05 | 0:09:07 | |
responsibilities a Governor has. | 0:09:07 | 0:09:10 | |
Er, it's not something you take lightly. | 0:09:10 | 0:09:12 | |
But you have to reflect upon how these cases began. | 0:09:12 | 0:09:17 | |
Each of these cases began with horrendous facts of, er, | 0:09:17 | 0:09:22 | |
individuals being murdered, and not just, er, in an ordinary fashion, | 0:09:22 | 0:09:27 | |
but in a particular heinous fashion, | 0:09:27 | 0:09:30 | |
that carries with it the aggravating circumstances that justify | 0:09:30 | 0:09:35 | |
the death penalty in the eyes of the jury. | 0:09:35 | 0:09:37 | |
My name is Veronda Brassfield, | 0:09:44 | 0:09:45 | |
I'm the executive director | 0:09:45 | 0:09:47 | |
of the Arkansas Coalition to Abolish the Death Penalty - | 0:09:47 | 0:09:49 | |
and again, I'd like | 0:09:49 | 0:09:50 | |
to thank all of you for coming out today and showing your support | 0:09:50 | 0:09:54 | |
for the cause to abolish the death penalty and to stop executions now. | 0:09:54 | 0:09:59 | |
We are set to make history around the world for something that's | 0:09:59 | 0:10:02 | |
atrocious, for an assembly line of executions and we need to call on | 0:10:02 | 0:10:09 | |
the Governor to ask him to have a change of heart. | 0:10:09 | 0:10:12 | |
A lot of... Is this on? | 0:10:16 | 0:10:17 | |
I think it is extremely likely that these executions, | 0:10:21 | 0:10:25 | |
if they go forward are going to go horribly wrong, | 0:10:25 | 0:10:30 | |
and are not going to end up the way the Governor | 0:10:30 | 0:10:33 | |
is expecting them to go. | 0:10:33 | 0:10:34 | |
The rush to use this drug is, you know, bad for the dignity that | 0:10:34 | 0:10:40 | |
they're trying to do eight in ten days, | 0:10:40 | 0:10:42 | |
but it's also a terrible idea because it's a terrible drug. | 0:10:42 | 0:10:44 | |
A lot of the midazolam executions have gone wrong, | 0:10:44 | 0:10:47 | |
and the problem is midazolam is not an anaesthetic drug. | 0:10:47 | 0:10:51 | |
In a surgical setting, it's used as a pre-anaesthetic, it's a sedative. | 0:10:51 | 0:10:56 | |
And so, it cannot induce general anaesthesia | 0:10:56 | 0:10:59 | |
which is how they're planning | 0:10:59 | 0:11:01 | |
to use it or how they think it's going to work. | 0:11:01 | 0:11:04 | |
But the second drug that's used paralyses all the voluntary muscles | 0:11:04 | 0:11:09 | |
in your body, including the muscles necessary to breathe | 0:11:09 | 0:11:12 | |
and so what happens is that the person, erm, feels like they're | 0:11:12 | 0:11:17 | |
suffocating, and its called air hunger. | 0:11:17 | 0:11:20 | |
And that's where you've seen these gasping, | 0:11:20 | 0:11:22 | |
coughing, horrible deaths like Joseph Wood in Arizona | 0:11:22 | 0:11:27 | |
where it took two hours | 0:11:27 | 0:11:29 | |
for him to die a torturous, horrible death. | 0:11:29 | 0:11:33 | |
So, we shouldn't be in a hurry to use it. | 0:11:33 | 0:11:36 | |
Thank you. | 0:11:37 | 0:11:40 | |
It's pretty much like, well, a slaughter line... | 0:11:51 | 0:11:53 | |
..isn't it? There's no dignity at all and it's... | 0:11:54 | 0:11:58 | |
..it's just inhumane... | 0:11:59 | 0:12:01 | |
..the way they want to do that. | 0:12:02 | 0:12:04 | |
It's OK, it's OK, it's OK. | 0:12:09 | 0:12:14 | |
Well, in Arkansas, I guess the majority of the people | 0:12:33 | 0:12:35 | |
are pro the death penalty. | 0:12:35 | 0:12:37 | |
In my opinion, it's justice. | 0:12:38 | 0:12:40 | |
I think that when a man or woman kills another person, | 0:12:45 | 0:12:49 | |
and they are found guilty and the death penalty is given to them, | 0:12:49 | 0:12:52 | |
I think they should be put to death. | 0:12:52 | 0:12:54 | |
They did it in the Bible, I mean, you know, | 0:12:55 | 0:12:58 | |
in the Bible they stoned them, | 0:12:58 | 0:13:00 | |
they didn't have all this fancy stuff we've got. | 0:13:00 | 0:13:02 | |
They stoned them to death. | 0:13:02 | 0:13:04 | |
It's an eye for an eye and a tooth for a tooth, yes. | 0:13:04 | 0:13:07 | |
Yes, sir. | 0:13:08 | 0:13:09 | |
You know, I'm about the most gentle person you could meet. | 0:13:12 | 0:13:15 | |
You know, I don't even like killing flies. | 0:13:15 | 0:13:18 | |
But this is, this is something totally different. | 0:13:18 | 0:13:20 | |
The state promised that they'd put him to death 25 years ago. | 0:13:28 | 0:13:32 | |
So, let's just do it and let's get it over with. | 0:13:33 | 0:13:36 | |
My mom was very, very nice and, er... | 0:14:02 | 0:14:04 | |
..kind. She was just very caring and loving. | 0:14:05 | 0:14:09 | |
That's the hardest part I have, | 0:14:11 | 0:14:13 | |
is trying to describe her because it's really, it's hard to do. | 0:14:13 | 0:14:16 | |
Why do you find it difficult to describe her? | 0:14:19 | 0:14:21 | |
Because she was just, like, perfect in my eyes. | 0:14:29 | 0:14:33 | |
And, erm, she was just perfect. | 0:14:33 | 0:14:36 | |
This is my mom and my dad, and that's me | 0:14:40 | 0:14:43 | |
and my older brother and sister. | 0:14:43 | 0:14:46 | |
Then this one right here, this is my mom with her three daughters. | 0:14:47 | 0:14:52 | |
This one was taken by a famous photographer from Time magazine and | 0:14:53 | 0:14:57 | |
you can see, you know, she's always dressed real proper. | 0:14:57 | 0:15:00 | |
You know, she had a full life. | 0:15:02 | 0:15:05 | |
This whole book is on her Near East travels, here's Cairo. | 0:15:05 | 0:15:11 | |
She went with Dr Frank C Lobar. | 0:15:11 | 0:15:13 | |
He's a famous missionary and she travelled around with him and taught | 0:15:13 | 0:15:19 | |
kids how to speak English, by her drawings. | 0:15:19 | 0:15:21 | |
She graduated with a BA in fine arts. | 0:15:25 | 0:15:28 | |
She was an artist. | 0:15:28 | 0:15:29 | |
This one is the one that she did of me. | 0:15:32 | 0:15:35 | |
You know, she had to get the sunlight and all that. | 0:15:36 | 0:15:38 | |
And I sat there and posed while she painted it. | 0:15:40 | 0:15:43 | |
I think it's a beautiful painting. | 0:15:44 | 0:15:45 | |
It means a lot to my mom and that's what matters. | 0:15:47 | 0:15:49 | |
And this is the last painting... | 0:15:55 | 0:15:57 | |
..that she did. | 0:15:58 | 0:15:59 | |
Had you seen your mum that day? | 0:16:04 | 0:16:06 | |
The day before, I'd seen her the day before. | 0:16:06 | 0:16:10 | |
We had a really nice lunch and then I left and she always, | 0:16:10 | 0:16:15 | |
every time when you'd leave she'd stand outside, you know, | 0:16:15 | 0:16:17 | |
and wave and... | 0:16:17 | 0:16:18 | |
..you know. | 0:16:20 | 0:16:21 | |
So, I saw her in my rear-view mirror as I'm driving off. | 0:16:21 | 0:16:24 | |
My step-dad had been out of town, so she was home alone that evening, | 0:16:31 | 0:16:35 | |
and then the next morning she went into town to get her flu shot, | 0:16:35 | 0:16:40 | |
meanwhile, this guy's across the street. | 0:16:40 | 0:16:43 | |
He apparently was doing drugs since the night before. | 0:16:43 | 0:16:47 | |
He had already broken into the neighbour's house, | 0:16:47 | 0:16:51 | |
and there was an illegal gun that those neighbours had. | 0:16:51 | 0:16:54 | |
He saw my mom through the window drive up and pull into the garage, | 0:16:55 | 0:17:00 | |
and she didn't shut the garage door. | 0:17:00 | 0:17:02 | |
So, he goes over there with this gun and just walked in and, erm, | 0:17:06 | 0:17:11 | |
took her around the house and had her gather valuables. | 0:17:11 | 0:17:15 | |
And then he took her down into the basement into a back room | 0:17:17 | 0:17:21 | |
and executed her. | 0:17:21 | 0:17:23 | |
He just shot her in the back of the head for no reason. | 0:17:30 | 0:17:32 | |
It was just horrible. | 0:17:34 | 0:17:35 | |
He's the one that saw my mom last and that to me is so upsetting that | 0:17:37 | 0:17:43 | |
that's the last person that she saw. | 0:17:43 | 0:17:46 | |
That's why I want him... | 0:17:46 | 0:17:47 | |
..to be put to death and just to get this over with. | 0:17:50 | 0:17:53 | |
What will Don Davis' death achieve? | 0:18:30 | 0:18:33 | |
Probably nothing. | 0:18:35 | 0:18:36 | |
You know, I mean it's not going to prevent other people from killing, | 0:18:37 | 0:18:40 | |
that's not how I look at it. | 0:18:40 | 0:18:42 | |
It's truly to give the family, the people that loved her... | 0:18:42 | 0:18:46 | |
..peace. That's what it is for me. | 0:18:47 | 0:18:50 | |
-And you think you will get that? -Oh, yeah. | 0:18:52 | 0:18:54 | |
My personal opinion about the death penalty, I think it's horrible. | 0:19:18 | 0:19:22 | |
I think it's totally misguided. | 0:19:22 | 0:19:24 | |
Oh, we're definitely heading in the wrong direction if we're doing | 0:19:28 | 0:19:31 | |
eight in ten days, certainly. | 0:19:31 | 0:19:33 | |
But, that's apparently the way we as a society have decided to go. | 0:19:34 | 0:19:40 | |
It's what amounts to a killing spree. | 0:19:43 | 0:19:46 | |
A killing spree apparently intended | 0:19:46 | 0:19:48 | |
to convince people that killing people is wrong. | 0:19:48 | 0:19:51 | |
What do you think your chances are | 0:19:52 | 0:19:54 | |
of being able to stop these executions? | 0:19:54 | 0:19:56 | |
Well, we have several things pending in court. | 0:19:56 | 0:19:59 | |
The odds are against us. | 0:19:59 | 0:20:01 | |
I think that it's going to do down to the wire, | 0:20:01 | 0:20:04 | |
at least with regard to the first executions. | 0:20:04 | 0:20:07 | |
Here in Federal Court, | 0:20:09 | 0:20:10 | |
lawyers will clash over the effectiveness of the drugs, | 0:20:10 | 0:20:14 | |
the state plans to use in the lethal injection. | 0:20:14 | 0:20:16 | |
Much of the focus today on midazolam, | 0:20:16 | 0:20:19 | |
it's a sedative and the first in the three-drug protocol. | 0:20:19 | 0:20:22 | |
Lawyers disagree on whether it's strong enough | 0:20:22 | 0:20:25 | |
to put the inmates into a deep sleep. | 0:20:25 | 0:20:27 | |
Inmate lawyers argue the second and third drugs would cause | 0:20:27 | 0:20:31 | |
excruciating pain. | 0:20:31 | 0:20:32 | |
We're going to be presenting evidence | 0:20:33 | 0:20:36 | |
from various medical personnel. | 0:20:36 | 0:20:38 | |
The state's going to respond with experts of its own, | 0:20:38 | 0:20:41 | |
and then Judge Baker will make a decision, | 0:20:41 | 0:20:43 | |
and, well, obviously he will have to make it fairly quickly. | 0:20:43 | 0:20:46 | |
It's a stressful situation because it's life or death. | 0:20:46 | 0:20:50 | |
It's a race against the clock for all parties involved to schedule | 0:20:50 | 0:20:53 | |
Arkansas' first execution in 12 years. | 0:20:53 | 0:20:57 | |
The inmates are hoping they can delay the process just long enough | 0:20:57 | 0:21:00 | |
for that first drug to expire on April 30th. | 0:21:00 | 0:21:03 | |
The state has called this hearing unnecessary and frivolous. | 0:21:03 | 0:21:06 | |
They want Judge Baker to make a decision so that they can get on | 0:21:06 | 0:21:10 | |
with those scheduled executions set for Monday. | 0:21:10 | 0:21:13 | |
These law suits being filed are to delay the executions, | 0:21:13 | 0:21:17 | |
the lawful executions of these individuals | 0:21:17 | 0:21:19 | |
who have been convicted by juries of heinous crimes. | 0:21:19 | 0:21:22 | |
If we were to win, it would be a finding | 0:21:23 | 0:21:26 | |
that they cannot use midazolam. | 0:21:26 | 0:21:28 | |
If you were to lose, I mean, what would that mean? | 0:21:29 | 0:21:32 | |
Well, it would show how little we have progressed | 0:21:32 | 0:21:35 | |
in terms of being a civilised society. | 0:21:35 | 0:21:39 | |
As you can see, Stacey... | 0:21:59 | 0:22:00 | |
..is a natural born artist. | 0:22:02 | 0:22:04 | |
This was close around to the first execution dates, | 0:22:04 | 0:22:06 | |
cos the first execution was around 2010. | 0:22:06 | 0:22:10 | |
When I look at those, | 0:22:11 | 0:22:13 | |
those that are sort of during a darker time frame in his life. | 0:22:13 | 0:22:18 | |
Erm... | 0:22:18 | 0:22:20 | |
Everything was pretty much despair for him during that time. | 0:22:20 | 0:22:24 | |
Pretty much what this picture right here that he drew is him counting | 0:22:27 | 0:22:31 | |
down his days of him being on death row awaiting his execution, | 0:22:31 | 0:22:37 | |
and as he's sitting in his cell, | 0:22:37 | 0:22:39 | |
he's just contemplating everything that he's been through in his life, | 0:22:39 | 0:22:42 | |
you know, from being a former gangbanger, | 0:22:42 | 0:22:46 | |
being out there on the street as a young kid. | 0:22:46 | 0:22:49 | |
You know, he left home at an early age and he turned to the streets and | 0:22:49 | 0:22:54 | |
joined the Crips. For him, the Crips were his family, | 0:22:54 | 0:22:58 | |
you know, that's where he felt love, that's where he felt protection, | 0:22:58 | 0:23:01 | |
as a lot of young black males do. | 0:23:01 | 0:23:03 | |
So, you know, going from that and just throughout the things | 0:23:03 | 0:23:07 | |
that he's been through in his life, to now meeting my mother and I, | 0:23:07 | 0:23:11 | |
you know, a lot has changed for him, in the way he sees things now. | 0:23:11 | 0:23:15 | |
When it finally dawned on him that us as a family unit, together, | 0:23:15 | 0:23:20 | |
that's when | 0:23:20 | 0:23:22 | |
the paintings and the drawings and everything changed from these dark | 0:23:22 | 0:23:26 | |
looking items, as I say, | 0:23:26 | 0:23:28 | |
pretty much basically to Tweety Bird and squirrels and teddy bears and | 0:23:28 | 0:23:33 | |
everything. This is another item he just recently did for me. | 0:23:33 | 0:23:38 | |
It says, "'Thinking of you Marie", but my middle name is Marie, | 0:23:38 | 0:23:41 | |
so he always calls me Marie. | 0:23:41 | 0:23:43 | |
I met Stacey as a correctional officer. | 0:23:47 | 0:23:50 | |
I started work at Varner Unit, | 0:23:50 | 0:23:53 | |
Supermax, in June of 2003. | 0:23:53 | 0:23:56 | |
And the very first night he was just standing in the cell doorway. | 0:23:58 | 0:24:02 | |
There was a connection that I had, that I had with him when I actually | 0:24:03 | 0:24:08 | |
looked in his eyes. It was almost like you can... | 0:24:08 | 0:24:11 | |
..see and feel the actual sadness that was there. | 0:24:13 | 0:24:17 | |
It's kind of hard to explain. | 0:24:20 | 0:24:21 | |
Over time, pretty much, we got closer and closer, | 0:24:23 | 0:24:26 | |
fell in love, and July of last year, 2016, we were officially married. | 0:24:26 | 0:24:34 | |
That is Stacey and me. | 0:24:35 | 0:24:37 | |
And it was in the lobby area of the visitation area. | 0:24:38 | 0:24:42 | |
And that's the three of us. | 0:24:42 | 0:24:44 | |
He was pretty huge, he's large. | 0:24:44 | 0:24:46 | |
His hand can cover my entire face, you know, he's a large man. | 0:24:46 | 0:24:52 | |
He's pretty much been the love of my life, | 0:24:52 | 0:24:54 | |
you know, even though we don't have a normal marriage relationship that | 0:24:54 | 0:24:58 | |
everybody else has. But, you know, love is love. | 0:24:58 | 0:25:02 | |
I wouldn't change a thing, again. | 0:25:02 | 0:25:05 | |
And then, | 0:25:07 | 0:25:09 | |
I'm mentally... | 0:25:09 | 0:25:10 | |
..preparing myself that, hey, we might lose him. | 0:25:11 | 0:25:14 | |
The eighth amendment to the Constitution says that cruel and | 0:26:03 | 0:26:08 | |
unusual punishment, er, shall not be inflicted. | 0:26:08 | 0:26:11 | |
So, while a number of individuals may think, | 0:26:11 | 0:26:14 | |
"So what if these guys suffer or experience pain, | 0:26:14 | 0:26:19 | |
"they did something horrible," | 0:26:19 | 0:26:21 | |
the Constitution is there to put a check on that. | 0:26:21 | 0:26:26 | |
What the litigation of Arkansas is about is | 0:26:27 | 0:26:31 | |
whether the lethal injection | 0:26:31 | 0:26:33 | |
protocol violates those Constitutional protections. | 0:26:33 | 0:26:38 | |
It's a battle of the expert witnesses again | 0:26:39 | 0:26:41 | |
here in Federal Court | 0:26:41 | 0:26:43 | |
as lawyer's clash over the effectiveness of midazolam. | 0:26:43 | 0:26:46 | |
Now, lawyers representing the State argue that the drug's FDA Label says | 0:26:46 | 0:26:51 | |
it is approved specifically for the induction of anaesthesia. | 0:26:51 | 0:26:55 | |
The Department of Correction points out that the US Supreme Court in | 0:26:55 | 0:26:58 | |
their 2015 ruling approved the use of midazolam for lethal injections. | 0:26:58 | 0:27:03 | |
I've been called as a witness to testify in court to talk about what | 0:27:05 | 0:27:12 | |
I saw when Joe Wood was executed by the State of Arizona | 0:27:12 | 0:27:16 | |
in 2014. The drug combination was hydromorphone and midazolam. | 0:27:16 | 0:27:22 | |
We saw Joe Wood strapped to the gurney with the IV lines sticking | 0:27:29 | 0:27:35 | |
out of his arms. | 0:27:35 | 0:27:37 | |
His eyes began to close, the colour started to leave his face. | 0:27:37 | 0:27:43 | |
It appeared to me that he had stopped breathing. | 0:27:45 | 0:27:49 | |
A minute or two later, it appeared like he yawned. | 0:27:50 | 0:27:55 | |
His head lurched back, | 0:27:55 | 0:27:58 | |
he bucked up against the restraining straps that were holding him to the | 0:27:58 | 0:28:03 | |
table, and then he started to gasp and gulp, | 0:28:03 | 0:28:07 | |
and struggle to breathe. | 0:28:07 | 0:28:09 | |
One reporter counted 640 gulps and gasps, | 0:28:11 | 0:28:17 | |
and that lasted for an hour and 57 minutes before Joe Wood | 0:28:17 | 0:28:24 | |
finally died. | 0:28:24 | 0:28:26 | |
I can't believe that in the United States we do this to prisoners. | 0:28:31 | 0:28:36 | |
It's unconscionable. | 0:28:37 | 0:28:39 | |
ADC Director Wendy Kelley testified tonight, saying they have been | 0:28:46 | 0:28:50 | |
practising the executions for the last week or so. | 0:28:50 | 0:28:53 | |
They're fully prepared for the executions to begin on Monday | 0:28:53 | 0:28:57 | |
as long as the court allows. | 0:28:57 | 0:28:58 | |
Were you guys ultimately pleased with what happened today? | 0:28:59 | 0:29:02 | |
Well, er, the judge hasn't ruled | 0:29:02 | 0:29:04 | |
but we felt we presented everything that needed to be presented. | 0:29:04 | 0:29:07 | |
We'll just have to wait and see what the judge rules. | 0:29:07 | 0:29:10 | |
Do you ultimately feel that she's going to halt these executions? | 0:29:10 | 0:29:12 | |
Er, I'm not going to predict what the judge does. | 0:29:12 | 0:29:15 | |
I know she was paying close attention | 0:29:15 | 0:29:16 | |
and I hope she sees it our way. | 0:29:16 | 0:29:18 | |
Obviously, this is a national and international story, | 0:29:19 | 0:29:21 | |
what is the message you believe that the scheduling of these executions | 0:29:21 | 0:29:25 | |
sends potentially about this state? | 0:29:25 | 0:29:28 | |
Er, we believe that this is just out of line with | 0:29:28 | 0:29:32 | |
any sort of standard that should be applied in criminal practice. | 0:29:32 | 0:29:36 | |
And that by doing this, erm, | 0:29:36 | 0:29:38 | |
it puts Arkansas far outside the bounds of what society accepts. | 0:29:38 | 0:29:42 | |
OK, excellent. Thank you. | 0:29:42 | 0:29:44 | |
-Oh, that's Wendy Kelley there. -Yeah, there we go. | 0:29:44 | 0:29:46 | |
Great, erm, we're going to talk to you in one second. | 0:29:46 | 0:29:49 | |
-Let me ask you this. -I'm not answering any more questions. | 0:29:51 | 0:29:54 | |
When did the state learn that this was going to expire | 0:29:54 | 0:29:56 | |
at the end of April? | 0:29:56 | 0:29:57 | |
Your department is about to execute these people in a short period of | 0:29:59 | 0:30:02 | |
time. Don't you think that the people of Arkansas should have an | 0:30:02 | 0:30:05 | |
answer to these questions? | 0:30:05 | 0:30:07 | |
Director, it's been more than a month | 0:30:08 | 0:30:10 | |
that we've been trying to get answers from the state, | 0:30:10 | 0:30:12 | |
and your department's about to execute these men. | 0:30:12 | 0:30:14 | |
Don't you think you should answer some of these questions? | 0:30:14 | 0:30:17 | |
Well, this morning a preliminary injunction was granted | 0:30:27 | 0:30:31 | |
in Federal Court to block the state's use of midazolam. | 0:30:31 | 0:30:34 | |
Attorney General, Leslie Rutledge, filing an appeal within hours of | 0:30:34 | 0:30:39 | |
Baker's ruling being handed down. | 0:30:39 | 0:30:41 | |
Judge Baker's ruling was out of line with precedent of the Eighth Circuit | 0:30:41 | 0:30:45 | |
as well as the US Supreme Court. | 0:30:45 | 0:30:47 | |
The AG's office working overtime to make sure executions | 0:30:47 | 0:30:51 | |
go as planned on Monday. | 0:30:51 | 0:30:53 | |
The attorneys and the assistants, | 0:30:53 | 0:30:55 | |
and everyone here at the office, | 0:30:55 | 0:30:56 | |
are 100% committed to the people of Arkansas, | 0:30:56 | 0:30:59 | |
and committed to seeing the rule of law upheld and justice carried out. | 0:30:59 | 0:31:03 | |
The other inmate who is scheduled to be executed is Bruce Ward. | 0:31:15 | 0:31:19 | |
We want to give you a little bit of background on him. | 0:31:19 | 0:31:21 | |
He is a 60-year-old man who has been on death row now for 27 years. | 0:31:21 | 0:31:26 | |
He's been described as having severe mental disabilities. | 0:31:26 | 0:31:29 | |
Ward has been on death row for strangling Rebecca Doss. | 0:31:29 | 0:31:32 | |
This happened inside a convenience store in Little Rock. | 0:31:32 | 0:31:34 | |
She was an 18-year-old who had just graduated from High School. | 0:31:34 | 0:31:38 | |
Rebecca Doss' mother has been waiting nearly three decades | 0:31:38 | 0:31:41 | |
to see her daughter's killer be put to death. | 0:31:41 | 0:31:44 | |
What about their victims? | 0:31:44 | 0:31:46 | |
My daughter, you know, er, she didn't want to go that way, | 0:31:46 | 0:31:50 | |
she hurt too. | 0:31:50 | 0:31:51 | |
He put her through a lot. | 0:31:51 | 0:31:53 | |
I don't even try to imagine that. | 0:31:54 | 0:31:57 | |
We received a call about 2.40 in the morning, | 0:32:03 | 0:32:07 | |
a homicide out on Rodney Parham. | 0:32:07 | 0:32:09 | |
Now right here at Advanced Auto is where | 0:32:12 | 0:32:14 | |
the Jackpot Service Station was, | 0:32:14 | 0:32:16 | |
and that's where the victim, Rebecca Doss, was working, | 0:32:16 | 0:32:20 | |
and she was alone in that store. | 0:32:20 | 0:32:22 | |
According to her parents and friends, Rebecca Doss was very sweet | 0:32:28 | 0:32:31 | |
and loving and going to church, | 0:32:31 | 0:32:33 | |
and she did not come from a wealthy family. | 0:32:33 | 0:32:36 | |
She just took a night job trying to make some money, and, erm, | 0:32:36 | 0:32:40 | |
it's a shame something like this had to happen to her. | 0:32:40 | 0:32:42 | |
The video footage showed Mr Ward walking into the store... | 0:32:48 | 0:32:52 | |
..and he was asking Miss Doss for a key | 0:32:53 | 0:32:56 | |
to the men's bathroom, and you could see Miss Doss handing him the key, | 0:32:56 | 0:33:01 | |
and Mr Ward exited the building, | 0:33:01 | 0:33:04 | |
and you could tell that he went down the side of the building towards | 0:33:04 | 0:33:07 | |
the men's bathroom. | 0:33:07 | 0:33:08 | |
A few minutes later it showed | 0:33:09 | 0:33:11 | |
Mr Ward coming back into the store with this key in his hand, telling | 0:33:11 | 0:33:17 | |
Miss Doss that the key didn't work, | 0:33:17 | 0:33:19 | |
and he needed some assistance in opening up the door. | 0:33:19 | 0:33:21 | |
And that's where Mr Ward forced Miss Doss into the men's bathroom. | 0:33:24 | 0:33:27 | |
This happened about 2.40am in the morning, | 0:33:33 | 0:33:36 | |
and there's not a whole lot of traffic, | 0:33:36 | 0:33:38 | |
and there's not a whole lot of people out and about. | 0:33:38 | 0:33:40 | |
But the officer was just patrolling in his assigned district and when he | 0:33:40 | 0:33:44 | |
drove by here, he looked inside, | 0:33:44 | 0:33:46 | |
and he could not see the, er, store clerk at the desk. | 0:33:46 | 0:33:51 | |
He'd been in here numerous times and had talked to her, | 0:33:51 | 0:33:54 | |
and he just did not notice her. | 0:33:54 | 0:33:55 | |
So, he made a U-turn and he came back and parked and he walked in, | 0:33:55 | 0:34:00 | |
he didn't see her, so he thought, | 0:34:00 | 0:34:02 | |
"Well, maybe she went to the rest room area," | 0:34:02 | 0:34:04 | |
and as he is approaching the restrooms Mr Ward | 0:34:04 | 0:34:07 | |
was coming out of the men's bathroom. | 0:34:07 | 0:34:10 | |
The other officer started searching the bathrooms, | 0:34:13 | 0:34:16 | |
and that's where they found Miss Doss dead. | 0:34:16 | 0:34:19 | |
It appeared in the bathroom that he strangled her with his hands, | 0:34:28 | 0:34:31 | |
and she was partially dis-clothed. | 0:34:31 | 0:34:33 | |
If it wasn't for the officer driving up at that time... | 0:34:34 | 0:34:36 | |
..I would, er, base my... | 0:34:37 | 0:34:40 | |
..facts on the fact that he was probably going to | 0:34:41 | 0:34:44 | |
commit a rape or sexual assault on her, after her death. | 0:34:44 | 0:34:47 | |
Bruce never admitted to his crime, he refused to give us a statement. | 0:34:50 | 0:34:55 | |
He never once said how it happened or why he did it, or if he did it. | 0:34:55 | 0:34:58 | |
Bruce just... | 0:35:00 | 0:35:01 | |
..didn't say a word to us at all. | 0:35:03 | 0:35:04 | |
My belief is that two wrongs don't make a right. | 0:35:39 | 0:35:42 | |
However, I do believe that a person should be punished for what they've | 0:35:42 | 0:35:45 | |
done, but not punished to death. | 0:35:45 | 0:35:48 | |
I think they stay on death row way too long. | 0:35:50 | 0:35:54 | |
Some people think, "Well, they deserve that," | 0:35:54 | 0:35:56 | |
but I think that's inhumane. | 0:35:56 | 0:35:58 | |
It's gotta be what I call hell on him to know that | 0:36:00 | 0:36:02 | |
any time he could die. | 0:36:02 | 0:36:03 | |
It's been years and I haven't heard nothing, now all of a sudden, | 0:36:06 | 0:36:10 | |
they're going to do eight of them. | 0:36:10 | 0:36:11 | |
It's like they're killing 'em because they can't use that no more, | 0:36:11 | 0:36:15 | |
not because of their crime, and that don't seem right. | 0:36:15 | 0:36:18 | |
I'm planning on... | 0:36:43 | 0:36:44 | |
..driving down to the prison... | 0:36:45 | 0:36:50 | |
..to witness the execution. | 0:36:52 | 0:36:53 | |
But we don't know at this point if it's going to go through. | 0:36:55 | 0:36:58 | |
There's been a couple of times that I've driven down there... | 0:36:59 | 0:37:02 | |
..and they called it off. | 0:37:03 | 0:37:06 | |
If this time its cancelled, I don't know if I can go through it again. | 0:37:06 | 0:37:10 | |
-Why is that? -It's emotionally draining, erm, | 0:37:13 | 0:37:19 | |
I know it's not good for me to be going through this. | 0:37:19 | 0:37:22 | |
It's not...it's not healthy. | 0:37:22 | 0:37:24 | |
I think this time I'm really frustrated with the state. | 0:37:26 | 0:37:29 | |
They clumped them all together, so now it's made it a big deal, | 0:37:29 | 0:37:33 | |
so people are really up in arms, you know, they're thinking, "Oh, my God, | 0:37:33 | 0:37:36 | |
"Arkansas' crazy. They're putting all these people to death." | 0:37:36 | 0:37:40 | |
You know, look at my one story, each one is different. | 0:37:40 | 0:37:44 | |
You know, I wish they would have just done this one separate, | 0:37:44 | 0:37:49 | |
you know, six months ago or something | 0:37:49 | 0:37:53 | |
cos then maybe it wouldn't have been such a big deal. | 0:37:53 | 0:37:56 | |
Now it's been 27 years since he murdered my mom... | 0:37:58 | 0:38:02 | |
..and 25 years since he's been on death row... | 0:38:03 | 0:38:07 | |
..so, you know, let's get it over with. | 0:38:08 | 0:38:12 | |
I want to see for sure myself that he's dead. | 0:38:16 | 0:38:20 | |
I need to know that he definitely, he's gone, | 0:38:21 | 0:38:25 | |
and I won't have to deal with this again, | 0:38:25 | 0:38:27 | |
you know, I know people could tell me that, | 0:38:27 | 0:38:31 | |
but I need to see it for myself. | 0:38:31 | 0:38:32 | |
This is the house right here. | 0:38:34 | 0:38:36 | |
You know, that was my mom's house, she built it... | 0:38:47 | 0:38:51 | |
..and she loved this place. I mean, I see my mom all over it. | 0:38:52 | 0:38:55 | |
Behind the garage up there, | 0:38:56 | 0:38:58 | |
that's where she did her art work and she had a dark room, | 0:38:58 | 0:39:02 | |
so, yeah, it was a nice house. | 0:39:02 | 0:39:04 | |
It kind of... It's really nice to be back here. | 0:39:04 | 0:39:07 | |
THUNDER RUMBLES | 0:39:09 | 0:39:10 | |
I love this weather. | 0:39:19 | 0:39:20 | |
It's getting close. | 0:39:30 | 0:39:31 | |
Just looking around here at the Cummins Unit parking lot where we | 0:40:23 | 0:40:27 | |
are, we've got media from all over the world here, Canada, London, | 0:40:27 | 0:40:30 | |
the national networks, of course the local stations are here as well. | 0:40:30 | 0:40:33 | |
The changes constantly happen but we here are in a holding pattern. | 0:40:33 | 0:40:37 | |
Inside the Cummins Unit however, a different scenario unfolding. | 0:40:37 | 0:40:41 | |
Prison guards and officials are acting as if those two executions | 0:40:41 | 0:40:45 | |
will in fact take place despite all the legal changes. | 0:40:45 | 0:40:49 | |
But we still have plenty of time, because the death warrant expires at | 0:40:49 | 0:40:53 | |
the stroke of midnight. | 0:40:53 | 0:40:54 | |
"This is Jade F from Arkansas Department of Corrections, | 0:41:01 | 0:41:04 | |
"we are still planning for everyone to be at central office today | 0:41:04 | 0:41:08 | |
"at five o'clock. | 0:41:08 | 0:41:10 | |
"I will call you if something changes." | 0:41:10 | 0:41:13 | |
-So. -You know, I saw on the news last night that he was moved to, er, | 0:41:13 | 0:41:19 | |
the execution unit. | 0:41:19 | 0:41:22 | |
So, you know, the state is obviously moving forward, | 0:41:22 | 0:41:25 | |
but at the same time it may or may not happen. | 0:41:25 | 0:41:27 | |
She's been through it twice and it didn't happen. | 0:41:27 | 0:41:30 | |
So, we've just got to think, "Well, this is a road trip, | 0:41:30 | 0:41:32 | |
"you know, we're going to Little Rock and we're going to go shopping, | 0:41:32 | 0:41:35 | |
"we're going to go out to dinner." | 0:41:35 | 0:41:38 | |
We could be hearing at any time, | 0:41:38 | 0:41:39 | |
get the phone call that it's not going to take place. | 0:41:39 | 0:41:42 | |
So, we've got to have the mind-set that we're just taking a | 0:41:42 | 0:41:46 | |
road trip, you know, we're going out of town and that just happens to be | 0:41:46 | 0:41:49 | |
the business that we're taking care of while we're there. | 0:41:49 | 0:41:52 | |
The execution was supposed to be at seven o'clock... | 0:41:55 | 0:41:58 | |
..and, er, we hope it goes through. | 0:42:02 | 0:42:04 | |
This is a really stressful time for people that are opposed to the death | 0:42:14 | 0:42:17 | |
penalty, that's why we're at the Governor's Mansion to call on our | 0:42:17 | 0:42:20 | |
Governor to ask him to call this whole plan off because this is | 0:42:20 | 0:42:23 | |
shedding a horrible light on our state, | 0:42:23 | 0:42:25 | |
and I think this is going to have some horrible ramifications | 0:42:25 | 0:42:29 | |
for years to come. | 0:42:29 | 0:42:31 | |
Yeah, law and order, it's called law and order. | 0:42:31 | 0:42:34 | |
You've gotta follow the law, it's amazing. | 0:42:34 | 0:42:36 | |
When we follow the laws, want to cry about the laws. | 0:42:36 | 0:42:39 | |
Follow the law. | 0:42:44 | 0:42:45 | |
What are you out here saying to these people that are here? | 0:42:47 | 0:42:50 | |
I'm saying we need to follow the... what I'm... Now, these people, | 0:42:50 | 0:42:53 | |
I don't know. They need to get a job for one, do something, man. | 0:42:53 | 0:42:56 | |
Where were they when they killed all those people? | 0:42:56 | 0:42:58 | |
When they raped and murdered that guy's wife, where were you all then? | 0:42:58 | 0:43:01 | |
That's what I'm saying, where were you? | 0:43:01 | 0:43:03 | |
And so, these executions to you, these would-be justice for...? | 0:43:03 | 0:43:05 | |
There's needs to be, sure. | 0:43:05 | 0:43:07 | |
Not me, what, hold up. | 0:43:08 | 0:43:09 | |
-It isn't me. -It's 90... -8 times 12, | 0:43:09 | 0:43:11 | |
anybody know what 8 times 12 is, it's 96. | 0:43:11 | 0:43:13 | |
96 jurors said that those people need to be put to death. | 0:43:13 | 0:43:16 | |
Those trials were 20, some of those over 20 years ago. | 0:43:16 | 0:43:19 | |
-I'm sorry, what's your name, sir? -I'm not going to tell you my name. | 0:43:19 | 0:43:22 | |
-Why not? -Cos I don't want you to know it. | 0:43:22 | 0:43:24 | |
You want to speak out but you want to be anonymous? | 0:43:24 | 0:43:26 | |
Well, it doesn't matter about my name. | 0:43:26 | 0:43:28 | |
It's not about me or my name, man. | 0:43:28 | 0:43:30 | |
It's about the state of Arkansas. | 0:43:30 | 0:43:32 | |
The Governor needs to know | 0:43:32 | 0:43:33 | |
that the whole state of Arkansas is behind him. | 0:43:33 | 0:43:35 | |
They're doing the right thing, why are we protesting? | 0:43:35 | 0:43:38 | |
They're following the law. They're trying to do | 0:43:38 | 0:43:40 | |
what's supposed to have been done. Keep killers alive, | 0:43:40 | 0:43:42 | |
protect the killers and don't protect the people that they killed. | 0:43:42 | 0:43:45 | |
That's a great idea, that's a great philosophy. | 0:43:45 | 0:43:47 | |
Protect the killers. | 0:43:47 | 0:43:49 | |
Let's take a... Now, let's go and protect those murderers, man, | 0:43:49 | 0:43:51 | |
they've changed their lives or something, man. | 0:43:51 | 0:43:54 | |
Protect the murderers, that's great. | 0:43:54 | 0:43:56 | |
Protect the murderers, huh? | 0:43:56 | 0:43:58 | |
We'll protect the murderers, that's a great idea, man. | 0:43:58 | 0:44:01 | |
These people do not represent the state of Arkansas. | 0:44:01 | 0:44:03 | |
That man, the people that voted for him, and all that why he won, | 0:44:03 | 0:44:07 | |
that's what the majority represent. | 0:44:07 | 0:44:09 | |
The majority of the state want it, period. | 0:44:09 | 0:44:11 | |
Asa, we love you. | 0:44:12 | 0:44:13 | |
I'm sorry. It's fair enough. | 0:44:16 | 0:44:19 | |
Well, I'm just...there's clearly a problem with it. | 0:44:34 | 0:44:38 | |
That'll be good. Fair enough. | 0:44:45 | 0:44:46 | |
Fair enough. | 0:44:46 | 0:44:48 | |
-I'm a good person, man. -That's why... | 0:44:48 | 0:44:50 | |
-Do you know what I mean? -That's why I just came to you. | 0:44:50 | 0:44:58 | |
Anyway, you all have a good night. | 0:45:00 | 0:45:06 | |
"Arkansas Attorney General Leslie Rutledge filed an emergency motion | 0:45:14 | 0:45:18 | |
"with the Arkansas Supreme Court to reverse the blanket | 0:45:18 | 0:45:22 | |
"stay on executions ordered by Judge Baker, | 0:45:22 | 0:45:25 | |
"arguing the case should have been dismissed because | 0:45:25 | 0:45:29 | |
"the challenge over the drug | 0:45:29 | 0:45:31 | |
"has already been addressed in previous courts." | 0:45:31 | 0:45:33 | |
I'm really thankful for the people that are fighting on behalf of us. | 0:45:33 | 0:45:36 | |
You know. | 0:45:36 | 0:45:38 | |
It's kind of comforting to know that there's people out there that care. | 0:45:40 | 0:45:43 | |
So, the argument is this drug is unsuitable as an execution drug, | 0:45:43 | 0:45:49 | |
saying it is not a pain killer and can subject them | 0:45:49 | 0:45:53 | |
to a cruel and unusual punishment | 0:45:53 | 0:45:55 | |
and violation of the US Constitution. | 0:45:55 | 0:45:58 | |
Oh, my gosh. | 0:45:59 | 0:46:00 | |
I mean... Oh. | 0:46:02 | 0:46:03 | |
Would they rather have the electric chair? | 0:46:04 | 0:46:07 | |
You know, I mean, come on. | 0:46:09 | 0:46:11 | |
We are steps away from Arkansas' death chamber where Don Davis made | 0:46:24 | 0:46:29 | |
the move here on Friday night for his scheduled execution. | 0:46:29 | 0:46:32 | |
Bruce Ward has so far not been moved, | 0:46:32 | 0:46:34 | |
according to prison officials. | 0:46:34 | 0:46:36 | |
Now, Saturday morning of Easter Weekend, a federal judge, | 0:46:36 | 0:46:39 | |
Christine Baker, issued a stay of execution | 0:46:39 | 0:46:42 | |
based on the drug midazolam. | 0:46:42 | 0:46:44 | |
However, around 5.15 tonight an Eighth Circuit Court of Appeals | 0:46:44 | 0:46:49 | |
out of St Louis reversed her decision, | 0:46:49 | 0:46:52 | |
thus allowing these scheduled executions to go through. | 0:46:52 | 0:46:56 | |
The state got that win as you mentioned, | 0:46:56 | 0:46:57 | |
when the Eighth Circuit overturned | 0:46:57 | 0:46:59 | |
the Federal Judge here in Little Rock and said that yes, indeed, | 0:46:59 | 0:47:02 | |
midazolam is constitutional and the protocol that's used for lethal | 0:47:02 | 0:47:06 | |
injections in this state is OK. | 0:47:06 | 0:47:08 | |
Of course, a lot of the focus has been on the drugs being used. | 0:47:08 | 0:47:13 | |
Will they cause cruel and unusual punishment? | 0:47:13 | 0:47:15 | |
That awaits to be seen. | 0:47:15 | 0:47:17 | |
The potential effect of midazolam is that it's not going to have an | 0:47:19 | 0:47:23 | |
effect. It's not going to render them unconscious | 0:47:23 | 0:47:26 | |
and then the other drugs | 0:47:26 | 0:47:28 | |
will do their work while the person is fully conscious. | 0:47:28 | 0:47:31 | |
It's going to have a sensation of burning, | 0:47:33 | 0:47:35 | |
of being on fire throughout the body. | 0:47:35 | 0:47:37 | |
The person is also going to be paralysed and conscious | 0:47:37 | 0:47:42 | |
but unable to breathe. | 0:47:42 | 0:47:43 | |
I had a medical procedure and, er, | 0:47:45 | 0:47:48 | |
I was given it and I woke up a couple of minutes later fully awake. | 0:47:48 | 0:47:52 | |
You know, I don't that much about this drug, | 0:47:56 | 0:47:59 | |
but I do know that making another stay, | 0:47:59 | 0:48:02 | |
a guy has suffered, like, for an hour. | 0:48:02 | 0:48:04 | |
I've been suffering for 25 years. | 0:48:07 | 0:48:09 | |
Do you think Don Davis deserves to suffer? | 0:48:11 | 0:48:14 | |
Oh, yeah. | 0:48:14 | 0:48:15 | |
Yeah, because my mom sure did. | 0:48:17 | 0:48:19 | |
So, yeah, he just totally deserves it and the longer the better, | 0:48:22 | 0:48:25 | |
you know. | 0:48:25 | 0:48:27 | |
If it lasts for 30 minutes or an hour or whatever. | 0:48:29 | 0:48:32 | |
I mean... | 0:48:32 | 0:48:33 | |
..I don't care. | 0:48:35 | 0:48:37 | |
I know that sounds cold-hearted | 0:48:38 | 0:48:40 | |
but I really just really truly don't care. | 0:48:40 | 0:48:43 | |
It's disappointing for the judicial system | 0:49:20 | 0:49:23 | |
and the perception that people | 0:49:23 | 0:49:25 | |
have of it. | 0:49:25 | 0:49:27 | |
And the fact that these sentences were handed down decades ago | 0:49:27 | 0:49:29 | |
and we're still, we're still going through this | 0:49:29 | 0:49:32 | |
at the last minute. | 0:49:32 | 0:49:33 | |
It seems to be a lot of things that are being thrown at the wall to see | 0:49:33 | 0:49:36 | |
what sticks, hopping on different claims. | 0:49:36 | 0:49:39 | |
You know, er, I think that's the frustrating part. | 0:49:39 | 0:49:41 | |
Our staff has been trained, | 0:49:46 | 0:49:49 | |
and our staff is ready to carry out these sentences | 0:49:49 | 0:49:52 | |
that have been handed down by a jury. | 0:49:52 | 0:49:55 | |
Good evening, and thank you for joining us tonight at 10 o'clock | 0:49:58 | 0:50:01 | |
-everyone. I'm Bob Clausen. -The state was hopeful earlier in the day | 0:50:01 | 0:50:04 | |
that both men and their sentences | 0:50:04 | 0:50:06 | |
would be carried out. | 0:50:06 | 0:50:07 | |
But Bruce Ward, we have learnt late tonight, will not be executed. | 0:50:07 | 0:50:11 | |
He was the first inmate set to die, at seven o'clock. | 0:50:11 | 0:50:15 | |
Now for Don Davis. | 0:50:23 | 0:50:24 | |
The only hurdle standing in the way is the Supreme Court of the United | 0:50:24 | 0:50:28 | |
States. If in fact that ruling does come down, | 0:50:28 | 0:50:32 | |
we have a two-hour window to execute Don Davis. | 0:50:32 | 0:50:35 | |
In expectation of the Supreme Court's potential decision, | 0:50:41 | 0:50:45 | |
we are moving forward with the selection of our media witnesses. | 0:50:45 | 0:50:50 | |
If there is not a consensus from the, er, eligible pool, | 0:50:50 | 0:50:55 | |
I will select by random draw. | 0:50:55 | 0:50:57 | |
Bobby, we'll try your last name. | 0:51:02 | 0:51:04 | |
All right. | 0:51:06 | 0:51:08 | |
Those individuals who were selected as media witnesses, | 0:51:08 | 0:51:11 | |
we will have an escort, er, | 0:51:11 | 0:51:13 | |
to take you to the witness centre. | 0:51:13 | 0:51:16 | |
I will ask that you sign an acknowledgement | 0:51:16 | 0:51:18 | |
that you agree to not record the execution in any way. | 0:51:18 | 0:51:23 | |
Any questions? | 0:51:23 | 0:51:25 | |
Witnesses will be taken, er, | 0:51:32 | 0:51:33 | |
to a room adjacent to the execution chamber where they will watch | 0:51:33 | 0:51:37 | |
the execution take place, when it takes place. | 0:51:37 | 0:51:40 | |
Again, it can happen any time between now and midnight. | 0:51:40 | 0:51:43 | |
Solomon Graves, the spokesperson | 0:51:57 | 0:51:59 | |
for the Arkansas Department of Correction | 0:51:59 | 0:52:00 | |
is sitting by the phone, which is where he remains stationed until | 0:52:00 | 0:52:05 | |
he gets that phone call which means | 0:52:05 | 0:52:07 | |
that the execution has been completed. | 0:52:07 | 0:52:10 | |
My mom would definitely be against the death penalty. | 0:52:47 | 0:52:50 | |
Yeah, she would not want him put to death. | 0:52:51 | 0:52:53 | |
That just shows what a wonderful angel she was, you know. | 0:52:55 | 0:52:59 | |
But I'm still here on earth. | 0:53:02 | 0:53:04 | |
If this is what needs to happen for me to have peace, | 0:53:05 | 0:53:08 | |
you know, bring it on. | 0:53:08 | 0:53:10 | |
We have just been made aware that the, er, | 0:53:44 | 0:53:46 | |
United States Supreme Court has maintained the stay of execution | 0:53:46 | 0:53:51 | |
for Don William Davis. | 0:53:51 | 0:53:53 | |
Er, the Governor's Office will be making a statement, er, | 0:53:53 | 0:53:59 | |
as to their perspective of tonight's decision and any next steps. | 0:53:59 | 0:54:04 | |
Thank you, guys, for your patience tonight. | 0:54:05 | 0:54:07 | |
It's been a really long evening. | 0:54:07 | 0:54:09 | |
I'll tell you right now that tonight the families of the victims are on | 0:54:09 | 0:54:14 | |
the Governor's mind. There's been a lot of talk about the inmates. | 0:54:14 | 0:54:18 | |
I would encourage you to remember the victims throughout this process | 0:54:18 | 0:54:21 | |
and their families who've had to go this nightmare for 20, 25, | 0:54:21 | 0:54:24 | |
30 years, and tonight the justice they were hoping to get, er, | 0:54:24 | 0:54:29 | |
they will once again, not. | 0:54:29 | 0:54:31 | |
That is my understanding. | 0:54:37 | 0:54:38 | |
Thank you, guys, very much. | 0:54:42 | 0:54:43 | |
The Department of Corrections attention now shifts to | 0:54:45 | 0:54:48 | |
the executions that are scheduled for Thursday. | 0:54:48 | 0:54:51 | |
At this point, there are no stays in place for either, er, | 0:54:51 | 0:54:54 | |
Stacey Johnson or Ledell Leaf, and we are under, er, | 0:54:54 | 0:54:58 | |
the impression and under the assumption that those executions | 0:54:58 | 0:55:02 | |
will, er, be carried out as scheduled. | 0:55:02 | 0:55:04 | |
Thank you all. | 0:55:04 | 0:55:06 | |
This was my third time and I got really close this time. | 0:55:54 | 0:55:58 | |
I mean, we were right there. | 0:55:58 | 0:55:59 | |
It's when turned that corner, | 0:56:01 | 0:56:02 | |
we were like getting ready to go into the... It was like... | 0:56:02 | 0:56:05 | |
-This is it. -Yeah, this is it. | 0:56:05 | 0:56:07 | |
-Finally, what we've been waiting for. -Yeah, exactly. | 0:56:07 | 0:56:10 | |
You were sort of saying yesterday that you're not sure whether you're | 0:56:11 | 0:56:14 | |
going to do this again. | 0:56:14 | 0:56:16 | |
Yeah. But do you know what, I think I am. | 0:56:16 | 0:56:19 | |
It was, like, you know this really possibly could happen, | 0:56:19 | 0:56:23 | |
and I kind of had a feeling of... | 0:56:23 | 0:56:26 | |
..like a freedom, like, | 0:56:28 | 0:56:30 | |
"Oh, my gosh, this might just really happen," | 0:56:30 | 0:56:35 | |
and there'll be, like, the skies will clear, you know. | 0:56:35 | 0:56:39 | |
Part of me could see that there would be closure. | 0:56:39 | 0:56:43 | |
There would be another feeling that I don't have yet... | 0:56:43 | 0:56:47 | |
..that will give me closure that'll, like...it's over. | 0:56:48 | 0:56:52 | |
So, there was like this, like, relief. | 0:56:53 | 0:56:56 | |
You know, I've taken care of business, it's done. | 0:56:56 | 0:56:59 | |
But, you know... | 0:56:59 | 0:57:00 | |
So... | 0:57:01 | 0:57:02 | |
I saw him kill my mother. | 0:57:23 | 0:57:25 | |
And I want to know he's dead. | 0:57:28 | 0:57:30 | |
Ledell Lee is a super predator. | 0:57:33 | 0:57:36 | |
He kills for fun, he kills for thrill. | 0:57:36 | 0:57:39 | |
As his attorney, my number one job is making sure he doesn't die. | 0:57:41 | 0:57:46 | |
We're all here today to try to keep the state from killing people. | 0:57:48 | 0:57:51 | |
And they may still very well do it. | 0:57:51 | 0:57:53 | |
PHONE RINGS | 0:57:55 | 0:57:57 |