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This programme contains scenes which some viewers may find disturbing. | 0:00:02 | 0:00:07 | |
-AUTOMATED VOICE ON PHONE: -This is a free call from... | 0:00:07 | 0:00:11 | |
-ON PHONE: -Stacey Johnson. | 0:00:11 | 0:00:13 | |
...an inmate at...Varner Unit. | 0:00:13 | 0:00:15 | |
She was laid out on the bed, | 0:00:55 | 0:00:57 | |
the TV was turned all the way up to cover the sound of her screams. | 0:00:57 | 0:01:04 | |
It's not a race against anything, my goodness, it's been 25 years. | 0:01:13 | 0:01:17 | |
It's pretty much like a slaughter line, | 0:01:17 | 0:01:20 | |
and, and it's... It's just inhumane. | 0:01:20 | 0:01:23 | |
It's... | 0:01:23 | 0:01:25 | |
The rush to use this drug is bad for the dignity that they're | 0:01:32 | 0:01:36 | |
trying to do eight in ten days, | 0:01:36 | 0:01:37 | |
but it's also a terrible idea because it's a terrible drug. | 0:01:37 | 0:01:40 | |
Midazolam has a history of being involved in botched executions. | 0:01:40 | 0:01:45 | |
A lot of the focus has been on the drugs being used, | 0:01:50 | 0:01:52 | |
will they cause cruel and unusual punishment? | 0:01:52 | 0:01:55 | |
That awaits to be seen. | 0:01:55 | 0:01:57 | |
If it lasts for an hour or whatever, | 0:01:57 | 0:02:00 | |
I really just really truly don't care. | 0:02:00 | 0:02:02 | |
Tonight, the families of the victims are on the Governor's mind. | 0:02:08 | 0:02:13 | |
The justice they were hoping to get, they will once again not. | 0:02:13 | 0:02:17 | |
The Department of Corrections' attention now shifts to the | 0:02:19 | 0:02:23 | |
executions that are scheduled for Thursday. | 0:02:23 | 0:02:25 | |
PHONE RINGS | 0:02:34 | 0:02:36 | |
What's coming up right here is, er, Varner Unit and Varner Supermax. | 0:02:58 | 0:03:03 | |
These buildings right here, this is where, um, Stacey's been housed. | 0:03:05 | 0:03:10 | |
Stacey's my husband, er, he's on death row. | 0:03:11 | 0:03:15 | |
He's scheduled to be executed on April 20th. | 0:03:15 | 0:03:17 | |
Does anybody need a coffee here? | 0:03:29 | 0:03:30 | |
Four days, four days. | 0:03:36 | 0:03:39 | |
Four days. | 0:03:40 | 0:03:42 | |
And they said even though it was a short time, | 0:03:42 | 0:03:45 | |
it's still probably about the longest four days of our lives. | 0:03:45 | 0:03:47 | |
You know, of course, first my biggest fear | 0:03:49 | 0:03:52 | |
is him getting executed. | 0:03:52 | 0:03:54 | |
But what would be my... | 0:03:54 | 0:03:56 | |
..my second fear is, you know, him being executed | 0:03:56 | 0:03:58 | |
but still turns out to be innocent. | 0:03:58 | 0:04:02 | |
And that the state of Arkansas executed an innocent man | 0:04:02 | 0:04:07 | |
that's been proclaiming his innocence since day one. | 0:04:07 | 0:04:10 | |
Stacey Johnson has been on death row for 23 years now. | 0:04:11 | 0:04:15 | |
He's convicted for violently killing Carol Heath in 1993 in De Queen. | 0:04:15 | 0:04:20 | |
He beat, strangled and slit Heath's throat | 0:04:20 | 0:04:22 | |
while two children in the house hid. | 0:04:22 | 0:04:25 | |
After the long legal battle, | 0:04:25 | 0:04:27 | |
the victim's family just wants Johnson to admit his crimes. | 0:04:27 | 0:04:31 | |
I saw him kill my mother. | 0:04:33 | 0:04:36 | |
I believe that he is the one | 0:04:36 | 0:04:39 | |
that took the knife to my mother's throat. | 0:04:39 | 0:04:42 | |
I believe that he is the one who strangled my mother. | 0:04:43 | 0:04:47 | |
I believe with all my heart he's the one that broke in | 0:04:47 | 0:04:50 | |
and started beating my mother. | 0:04:50 | 0:04:52 | |
That's, um, my mom and I when I was about four | 0:05:00 | 0:05:06 | |
when she was pregnant with my brother. | 0:05:06 | 0:05:09 | |
This is the picture that was taken two weeks before she was killed. | 0:05:10 | 0:05:14 | |
And she's very young. | 0:05:16 | 0:05:18 | |
She was 25 years old. | 0:05:18 | 0:05:20 | |
Her and I used to dance a lot to country music | 0:05:22 | 0:05:26 | |
and whatever came on the radio. | 0:05:26 | 0:05:29 | |
Um, the day of my birthday she called into the radio station | 0:05:29 | 0:05:34 | |
and requested Billy Ray Cyrus, Achy Breaky Heart | 0:05:34 | 0:05:38 | |
and we danced to it, um, the correct way. | 0:05:38 | 0:05:42 | |
That's one of my best memories with my mom, um... | 0:05:43 | 0:05:46 | |
She was actually murdered that night, the night of my birthday. | 0:05:48 | 0:05:53 | |
Stacey Johnson came over. | 0:06:11 | 0:06:13 | |
He had been acquainted with my mom... | 0:06:14 | 0:06:16 | |
..and something was going on at the door. | 0:06:17 | 0:06:20 | |
My mom got up and I got up because I was thirsty for water | 0:06:20 | 0:06:24 | |
and I just couldn't believe what I saw. | 0:06:24 | 0:06:27 | |
He came in and he started beating my mom up. | 0:06:29 | 0:06:32 | |
And my mom was fighting back really hard. | 0:06:33 | 0:06:36 | |
She was screaming, "Get off of me!" | 0:06:36 | 0:06:39 | |
She was maybe 5'1 and she weighed 109 pounds. | 0:06:45 | 0:06:49 | |
And I was just standing there in the hallway. | 0:06:52 | 0:06:55 | |
At six I didn't understand. | 0:06:57 | 0:07:00 | |
I had a two-year-old brother... | 0:07:03 | 0:07:05 | |
..and I had to make sure he was hid and quiet. | 0:07:07 | 0:07:09 | |
This is going to be it here. | 0:07:16 | 0:07:17 | |
My sister said she hid me in a closet, and I don't remember that. | 0:07:29 | 0:07:33 | |
I just, uh, the only memory that comes to mind in that house | 0:07:35 | 0:07:39 | |
is seeing my mother on the floor. | 0:07:39 | 0:07:41 | |
I saw him take something to her throat. | 0:07:48 | 0:07:50 | |
Something sharp. | 0:07:53 | 0:07:54 | |
There was so much blood. | 0:08:00 | 0:08:02 | |
There was just so much blood, all over the place. | 0:08:06 | 0:08:10 | |
The police report said there was, uh, | 0:08:25 | 0:08:27 | |
there was two children's footprints in the blood. | 0:08:27 | 0:08:31 | |
I was two when it happened, and she's never really been in my life. | 0:08:36 | 0:08:42 | |
There isn't really a place that I ever... | 0:08:44 | 0:08:47 | |
..I ever get the feeling of her being with me other than going | 0:08:47 | 0:08:50 | |
and visiting her grave, and I guess I could speak to her there. | 0:08:50 | 0:08:56 | |
I don't get a reply, but it makes me feel better to go and I get to share | 0:08:58 | 0:09:04 | |
my feelings with her, even though I'll never know how she feels back. | 0:09:04 | 0:09:08 | |
Stacey Johnson has always insisted that he was innocent. | 0:09:30 | 0:09:34 | |
Eyewitness testimony is notoriously unreliable | 0:09:34 | 0:09:39 | |
and when you have a child witness, uh, that's a major issue. | 0:09:39 | 0:09:43 | |
That was part of the case. | 0:09:43 | 0:09:45 | |
The child psychologist who spoke to the child during the course | 0:09:54 | 0:09:58 | |
of this, at the time Ashley Heath was I think, | 0:09:58 | 0:10:00 | |
like, five or six years old. | 0:10:00 | 0:10:01 | |
And she done testing with Ashley Heath, | 0:10:01 | 0:10:04 | |
and she stated plain and simple that she don't believe that the | 0:10:04 | 0:10:09 | |
child witnessed the murder that actually took place. | 0:10:09 | 0:10:12 | |
That she saw a traumatic... | 0:10:12 | 0:10:14 | |
You know, her mom dead, | 0:10:14 | 0:10:16 | |
which would be traumatic for any child | 0:10:16 | 0:10:18 | |
or anyone in that particular point to see. | 0:10:18 | 0:10:21 | |
However, she stated herself that she don't believe that she | 0:10:21 | 0:10:25 | |
witnessed a murder. | 0:10:25 | 0:10:26 | |
That's why I say there is lot of things in this case that was | 0:10:26 | 0:10:30 | |
done, that needs to be solved. | 0:10:30 | 0:10:32 | |
There are other issues, too, that have some significant problems as well. | 0:10:32 | 0:10:36 | |
There's the DNA issue. | 0:10:36 | 0:10:37 | |
The DNA was tested, and this... | 0:10:37 | 0:10:40 | |
We're talking about back in the '90s, | 0:10:40 | 0:10:42 | |
when DNA was nowhere near as precise as it is now. | 0:10:42 | 0:10:45 | |
And we asked for retesting and were explicitly denied, | 0:10:45 | 0:10:50 | |
uh, by, by the courts. | 0:10:50 | 0:10:52 | |
So, when you have a situation where you have a serious | 0:10:52 | 0:10:56 | |
question of the competency of the child who testified against him, | 0:10:56 | 0:11:00 | |
when DNA testing is denied, what do they have to hide? | 0:11:00 | 0:11:05 | |
What is the problem? | 0:11:05 | 0:11:07 | |
And so, I would ask that you recommend to the Governor, | 0:11:07 | 0:11:11 | |
uh, that he grant clemency. | 0:11:11 | 0:11:13 | |
Like I said, the DNA evidence needs to be tested. | 0:11:13 | 0:11:16 | |
All I'm asking for from all of you is just the opportunity | 0:11:16 | 0:11:20 | |
and the chance, just to get my case back in court to where | 0:11:20 | 0:11:24 | |
I can have the chance to have my case heard by someone who | 0:11:24 | 0:11:28 | |
will give me a fair, impartial trial. That's all I want. | 0:11:28 | 0:11:32 | |
OK, all right. | 0:11:32 | 0:11:33 | |
With that, uh, this, uh, interview will conclude. | 0:11:33 | 0:11:36 | |
Thank you very much. | 0:11:36 | 0:11:37 | |
There was some DNA that was associated with him, uh, found. | 0:11:40 | 0:11:44 | |
And so, we're trying to get the courts to retest it, uh, | 0:11:44 | 0:11:48 | |
and hopefully the testing will, uh, exonerate him. | 0:11:48 | 0:11:52 | |
We'll have to see. | 0:11:52 | 0:11:53 | |
You ever met a lawyer who was on time? | 0:12:09 | 0:12:11 | |
I had to buy my daughter a new trampoline for her birthday. | 0:12:11 | 0:12:15 | |
The wind blew it off, the one that we had. | 0:12:15 | 0:12:17 | |
It's a funny feeling about the... the death penalty. | 0:12:24 | 0:12:27 | |
Do I want to go out and really watch this man be put to death? No. | 0:12:27 | 0:12:32 | |
You're a prosecutor, this is your job. | 0:12:34 | 0:12:36 | |
That's just the necessary evil. | 0:12:38 | 0:12:40 | |
This is the 180-page motion they filed on Thursday... | 0:12:46 | 0:12:50 | |
..that I had to respond to by Friday, | 0:12:51 | 0:12:53 | |
that they turned round and filed a response on Friday night. | 0:12:53 | 0:12:57 | |
This was for new DNA testing, and, uh, it's... | 0:12:57 | 0:13:02 | |
He's had DNA testing twice. | 0:13:03 | 0:13:05 | |
I mean, how many times do you want to have it tested? | 0:13:05 | 0:13:08 | |
We truly believe it's nothing but a stall tactic to stop the execution. | 0:13:08 | 0:13:13 | |
Uh, the evidence in this case, we believe is overwhelming, | 0:13:13 | 0:13:16 | |
and has been since day one. | 0:13:16 | 0:13:18 | |
The hair that was found with the body of Carol Heath, that was | 0:13:19 | 0:13:23 | |
an African-American hair, was tested and the DNA from that hair compared | 0:13:23 | 0:13:28 | |
to the DNA sample taken straight from Stacey Johnson matched. | 0:13:28 | 0:13:33 | |
The problem with that in terms of using it as evidence is | 0:13:34 | 0:13:37 | |
he was known to have been a social guest. | 0:13:37 | 0:13:39 | |
The fact that Stacey Johnson's DNA is somewhere in the Heath house | 0:13:41 | 0:13:44 | |
doesn't necessarily prove a whole lot | 0:13:44 | 0:13:46 | |
because he's known to have been there. | 0:13:46 | 0:13:48 | |
I mean there was some Caucasian hairs found. | 0:13:48 | 0:13:52 | |
-INTERVIEWER: -On the body, or... -On the body, yeah. | 0:13:52 | 0:13:54 | |
Why were they not tested? | 0:13:54 | 0:13:56 | |
We don't know. | 0:13:56 | 0:13:58 | |
But they should be. | 0:13:59 | 0:14:01 | |
A few miles from the murder scene, | 0:14:01 | 0:14:03 | |
the police found the victim's purse and a green shirt. | 0:14:03 | 0:14:08 | |
On that shirt was blood, | 0:14:08 | 0:14:12 | |
and the DNA testing on it came back to be Carol Heath's. | 0:14:12 | 0:14:16 | |
The prosecutor claimed it was Stacey Johnson's shirt | 0:14:16 | 0:14:20 | |
and Stacey Johnson says it wasn't his shirt. | 0:14:20 | 0:14:22 | |
It was in that shirt that, supposedly, a cigarette butt was found. | 0:14:22 | 0:14:29 | |
On that cigarette butt was a saliva that was tested, | 0:14:29 | 0:14:32 | |
um, and it was tested to be, uh... | 0:14:32 | 0:14:36 | |
..one out of every 28 million | 0:14:37 | 0:14:39 | |
African-Americans that that DNA would be his DNA. | 0:14:39 | 0:14:44 | |
The problem with that is the submission sheets are not as | 0:14:44 | 0:14:48 | |
precise on that, there was another cigarette butt that was found | 0:14:48 | 0:14:53 | |
in the home and it appears to us that the two may have been confused. | 0:14:53 | 0:14:58 | |
And if he had smoked a cigarette there, | 0:14:58 | 0:15:01 | |
that doesn't prove anything, proving something that's not in | 0:15:01 | 0:15:05 | |
dispute, which was that he had been a social guest at the residence. | 0:15:05 | 0:15:10 | |
He has no evidence to prove he's innocent. | 0:15:10 | 0:15:12 | |
I don't know of any piece of evidence or any testimony | 0:15:12 | 0:15:15 | |
he's ever asserted, other than the changing testimony of his client, | 0:15:15 | 0:15:19 | |
that his client is innocent. | 0:15:19 | 0:15:21 | |
The assailant apparently bit her on the breast, | 0:15:24 | 0:15:29 | |
er, and if you're biting someone you're going to leave saliva. | 0:15:29 | 0:15:34 | |
The DNA testing was done at that time | 0:15:34 | 0:15:36 | |
and no profile of any person was obtained. | 0:15:36 | 0:15:41 | |
Now, there is much more precise testing available now, | 0:15:41 | 0:15:46 | |
more DNA testing needs to be done. | 0:15:46 | 0:15:48 | |
This is something we had sought previously in both state | 0:15:48 | 0:15:52 | |
and federal courts and have been turned down. | 0:15:52 | 0:15:54 | |
This evidence has the chance of exonerating Stacey Johnson. | 0:15:54 | 0:15:58 | |
So, we're asking the Arkansas Supreme Court to get | 0:15:58 | 0:16:02 | |
Stacey Johnson's, uh, execution stayed | 0:16:02 | 0:16:05 | |
so we can pursue subsequent DNA testing. | 0:16:05 | 0:16:08 | |
-INTERVIEWER: -What are the chances that Stacey's lawyer | 0:16:09 | 0:16:12 | |
will be able to get this motion passed for DNA testing? | 0:16:12 | 0:16:15 | |
I honestly think zero. | 0:16:15 | 0:16:17 | |
I think that if they've done that kind of a crime to deserve the death penalty, | 0:16:26 | 0:16:30 | |
they need to go ahead and be put to death in a mannerly way, | 0:16:30 | 0:16:33 | |
and make sure that they are very guilty of what they've done. | 0:16:33 | 0:16:37 | |
-If you know for a fact that they killed somebody, yes... -That's what I was going to say. | 0:16:40 | 0:16:44 | |
-...but if it's, uh, like shaky evidence then maybe...maybe... -Then no. | 0:16:44 | 0:16:47 | |
..maybe then, you still get convicted. | 0:16:47 | 0:16:49 | |
I don't think they should kill the person. | 0:16:49 | 0:16:51 | |
The American court system is a just system. | 0:16:54 | 0:16:57 | |
I imagine that there has been someone executed that was innocent. | 0:16:57 | 0:17:01 | |
But I would say that there... Those are far and few between. | 0:17:02 | 0:17:07 | |
Where are we now, Jeff? | 0:17:23 | 0:17:25 | |
In my conference room. | 0:17:25 | 0:17:26 | |
So, what happens in here? | 0:17:26 | 0:17:28 | |
Well, I try to get some work done in here. | 0:17:28 | 0:17:30 | |
So, I see people, uh, you know, like a lot of lawyers, | 0:17:30 | 0:17:33 | |
you try to impress your clients a little bit. | 0:17:33 | 0:17:36 | |
So, I've hung up some of the awards and things that I've achieved | 0:17:36 | 0:17:40 | |
over the years in the office, which I think it probably... | 0:17:40 | 0:17:44 | |
All the other stuff I have here probably sort of detracts | 0:17:44 | 0:17:47 | |
from the impact of what's on the wall. | 0:17:47 | 0:17:49 | |
This one was, uh, I was involved in the so-called | 0:17:52 | 0:17:55 | |
West Memphis Three case which was a very, uh, controversial case. | 0:17:55 | 0:17:59 | |
A number of movies have been made about it. | 0:17:59 | 0:18:01 | |
And I was fortunate enough to be asked to be part of the defence team | 0:18:01 | 0:18:05 | |
for Jessie Misskelley, and that's Jessie here, and this is me there. | 0:18:05 | 0:18:11 | |
In 1993, three little boys, about eight years old, didn't come home | 0:18:12 | 0:18:17 | |
after dark and the next day their bodies were found in this | 0:18:17 | 0:18:22 | |
sort of low lying creek-like area. | 0:18:22 | 0:18:24 | |
And they were nude, | 0:18:26 | 0:18:27 | |
and they were tied together, and they had, they'd been killed. | 0:18:27 | 0:18:30 | |
There was obviously a great, uh, desire to find the people who.... | 0:18:30 | 0:18:35 | |
..who allegedly did it | 0:18:35 | 0:18:37 | |
and a lot of pressure on the West Memphis Arkansas Police Department. | 0:18:37 | 0:18:41 | |
So, they settled on several teenagers, | 0:18:41 | 0:18:46 | |
Damien Echols, Jason Baldwin and Jessie Misskelley, | 0:18:46 | 0:18:50 | |
and decided that they were suspects. | 0:18:50 | 0:18:53 | |
Echols in particular liked to wear black | 0:18:54 | 0:18:56 | |
and listened to music that was, shall we say, not mainstream. | 0:18:56 | 0:19:00 | |
So, they decided that, well, maybe the bodies had evidence of | 0:19:00 | 0:19:04 | |
Satanic rituals on them and a lot of bogus pseudo-evidence was | 0:19:04 | 0:19:10 | |
introduced against them, and they ended up being convicted. | 0:19:10 | 0:19:13 | |
Echols was sentenced to death, the other two were sentenced to life. | 0:19:13 | 0:19:16 | |
A number of people all over the country that had become appalled by | 0:19:19 | 0:19:23 | |
uh, what passed for justice in, uh, in north-east Arkansas at the time. | 0:19:23 | 0:19:29 | |
And over the course of time they were able to bankroll a | 0:19:29 | 0:19:34 | |
systematic attack on the convictions that I was honoured to be a part of. | 0:19:34 | 0:19:39 | |
In 2011, which is when this picture was taken, | 0:19:39 | 0:19:45 | |
they walked out of the courthouse free. | 0:19:45 | 0:19:48 | |
All right, we're going to sing that together. | 0:19:51 | 0:19:53 | |
This Little Light Of Mine, y'all ready? | 0:19:53 | 0:19:55 | |
# This little light of mine | 0:19:55 | 0:19:58 | |
# Oh, I'm gonna let it shine | 0:19:58 | 0:20:02 | |
-CROWD JOINS IN: -# Oh, this little light of mine | 0:20:02 | 0:20:04 | |
# I'm gonna let it shine | 0:20:04 | 0:20:07 | |
# This little light of mine | 0:20:07 | 0:20:11 | |
# I'm gonna let it shine | 0:20:11 | 0:20:13 | |
# Let it shine, let it shine, let it shine. # | 0:20:13 | 0:20:18 | |
APPLAUSE AND CHEERING | 0:20:18 | 0:20:20 | |
-Good afternoon. -CROWD: -Good afternoon. | 0:20:24 | 0:20:27 | |
We're here today to make a clear call to Governor Hutchinson | 0:20:27 | 0:20:32 | |
to stop the executions. | 0:20:32 | 0:20:35 | |
All our voices are needed to get this message very clearly heard. | 0:20:35 | 0:20:40 | |
Now I introduce Damien Echols. | 0:20:41 | 0:20:43 | |
CHEERING | 0:20:43 | 0:20:45 | |
You know for, uh, 18 years and 76 days, | 0:20:51 | 0:20:54 | |
that's how long I was trapped in hell here. | 0:20:54 | 0:20:58 | |
The local politicians tried to execute me. | 0:20:59 | 0:21:02 | |
Even when DNA testing came out that excluded me | 0:21:02 | 0:21:05 | |
and the other two men that they had convicted from the scene of the crime, | 0:21:05 | 0:21:09 | |
they still kept trying to kill me. | 0:21:09 | 0:21:11 | |
After DNA testing came out, I sat on death row for two more years | 0:21:11 | 0:21:14 | |
while they tried to figure out how they could kill me | 0:21:14 | 0:21:16 | |
and not have to admit they had made a mistake. | 0:21:16 | 0:21:18 | |
These people would have murdered an innocent person without | 0:21:22 | 0:21:25 | |
a second thought if it meant that they could | 0:21:25 | 0:21:26 | |
further their political careers or keep their jobs. | 0:21:26 | 0:21:29 | |
You know that's the level of... | 0:21:29 | 0:21:30 | |
..of corruption that's inherent within the system. | 0:21:30 | 0:21:33 | |
They may very well win this battle, you know | 0:21:38 | 0:21:40 | |
we're all here today to try to keep the state from killing people. | 0:21:40 | 0:21:43 | |
They may go through with it despite our best efforts, | 0:21:44 | 0:21:47 | |
despite everyone here doing everything they can. | 0:21:47 | 0:21:49 | |
They may still very well do it. | 0:21:49 | 0:21:51 | |
I just want to say that I salute you, | 0:21:51 | 0:21:54 | |
I stand in solidarity with you, thank you so much. | 0:21:54 | 0:21:57 | |
And... | 0:21:57 | 0:21:58 | |
APPLAUSE | 0:21:58 | 0:22:01 | |
Thank you. | 0:22:03 | 0:22:04 | |
Let me, uh, just real quick. | 0:22:07 | 0:22:09 | |
One of the men who is responsible for saving my life, I just | 0:22:09 | 0:22:13 | |
wanted to say a couple of words, because this is someone who kept me | 0:22:13 | 0:22:17 | |
from being killed, this is someone who stepped up to the plate when | 0:22:17 | 0:22:20 | |
I was where these guys are now, and uh, did everything he could for me. | 0:22:20 | 0:22:24 | |
So, my brother, this is my brother, Johnny Depp. | 0:22:24 | 0:22:28 | |
CHEERING AND APPLAUSE | 0:22:28 | 0:22:30 | |
Oh, my God! | 0:22:35 | 0:22:37 | |
What?! | 0:22:38 | 0:22:39 | |
I'm proud to be here and I'm proud to stand in absolute solidarity, | 0:22:41 | 0:22:46 | |
and absolute support for my dear brother, Damien, | 0:22:46 | 0:22:52 | |
who, uh, who at one time as you all know was, uh, | 0:22:52 | 0:22:58 | |
sacrificed here into unbearable purgatory. | 0:22:58 | 0:23:02 | |
Whether you believe in the death penalty or not, there's a wrong | 0:23:05 | 0:23:10 | |
thing to do and there's a right thing to do, the right thing has been done. | 0:23:10 | 0:23:14 | |
Cheers. Thanks for having me. | 0:23:16 | 0:23:18 | |
CHEERING | 0:23:18 | 0:23:20 | |
As the legal limbo continues, the Department of Corrections is moving forward planning for two executions. | 0:23:29 | 0:23:34 | |
Stacey Johnson and Ledell Lee. | 0:23:34 | 0:23:37 | |
After 21 years on death row, Ledell Lee maintains his innocence. | 0:23:45 | 0:23:49 | |
In February of 1993, 27-year-old Lee robbed | 0:23:49 | 0:23:53 | |
and strangled 26-year-old Debra Reese in her Jacksonville Home. | 0:23:53 | 0:23:57 | |
He was sentenced to death two years later. | 0:23:57 | 0:23:59 | |
Prosecutors say Lee committed violent crimes against five women, | 0:23:59 | 0:24:02 | |
all in Jacksonville. | 0:24:02 | 0:24:03 | |
His victims' ages ranged from 17 to 70. | 0:24:03 | 0:24:07 | |
As a prosecutor, there's only a handful of cases in a long career | 0:24:09 | 0:24:13 | |
that you even consider the death penalty on. | 0:24:13 | 0:24:16 | |
And in my 27 years of prosecuting, um, this is the one case that I've | 0:24:16 | 0:24:20 | |
received the death penalty on, and I've prosecuted many, many murders. | 0:24:20 | 0:24:24 | |
I think there are some offences that you can commit, some acts | 0:24:28 | 0:24:31 | |
so heinous that you can't come back from that. | 0:24:31 | 0:24:34 | |
Ledell Lee lost his right to live among us | 0:24:35 | 0:24:38 | |
in a free society, and he... | 0:24:38 | 0:24:41 | |
..he deserves the punishment he receives. | 0:24:41 | 0:24:43 | |
Ladies and gentlemen, | 0:24:50 | 0:24:52 | |
Ledell Lee is not an ordinary killer. | 0:24:52 | 0:24:56 | |
Ledell Lee is a super predator. | 0:24:56 | 0:24:59 | |
A super predator that doesn't kill to eat, | 0:25:01 | 0:25:04 | |
he kills for fun, he kills for thrill, he kills for the social... | 0:25:04 | 0:25:10 | |
..psycho-social depravity of it. | 0:25:10 | 0:25:13 | |
Let me take you to February 9th of 1993. | 0:25:14 | 0:25:18 | |
The Sunnydale neighbourhood of Jacksonville. | 0:25:18 | 0:25:21 | |
26-year-old Debra Reese, she'd been married about six months. | 0:25:21 | 0:25:24 | |
She lived at 212 Cherry, | 0:25:24 | 0:25:27 | |
with her husband, Billy, who was a long-distance truck driver, | 0:25:27 | 0:25:31 | |
and her seven-year-old son from a previous relationship. | 0:25:31 | 0:25:33 | |
Her son, who's here today, who the last time I saw | 0:25:33 | 0:25:35 | |
wasn't any taller than this podium. | 0:25:35 | 0:25:37 | |
Her husband, Lee, was in his truck about 10am or so, | 0:25:38 | 0:25:42 | |
and Debra didn't know it yet but Debra at that point had been chosen. | 0:25:42 | 0:25:46 | |
Cos she was being watched. | 0:25:46 | 0:25:48 | |
There's a knock on the door. | 0:25:50 | 0:25:52 | |
Ledell Lee forces his way into the house. | 0:25:55 | 0:25:57 | |
She was beaten so badly that | 0:25:59 | 0:26:00 | |
she was struck in the head alone over 20 times, | 0:26:00 | 0:26:03 | |
and on the back and the front of her head, there are gaping, separate, | 0:26:03 | 0:26:07 | |
20 wounds delivered with a tyre thumper. | 0:26:07 | 0:26:12 | |
And when the police were called she was laid out on the bed. | 0:26:12 | 0:26:16 | |
The TV was turned all the way up... | 0:26:17 | 0:26:21 | |
..to cover the sound of her screams. | 0:26:23 | 0:26:25 | |
The modus operandi of the Debra Reese crime was | 0:26:27 | 0:26:32 | |
so similar to other Sunnydale crimes that the Jacksonville Police | 0:26:32 | 0:26:36 | |
reopened several rape and murder cases. | 0:26:36 | 0:26:38 | |
The blood that was taken during the course of the Debra Reese investigation in 1993 | 0:26:38 | 0:26:43 | |
was sent to the Arkansas Crime Lab | 0:26:43 | 0:26:46 | |
and the Christine Lewis, Jennifer Perkins, Lilly Dodd and Avis Smith cases were all solved. | 0:26:46 | 0:26:52 | |
It's Ledell Lee's calling card. | 0:26:52 | 0:26:54 | |
He's DNA. | 0:26:54 | 0:26:56 | |
And he's a hunter, that's why I brought you this map. | 0:26:57 | 0:27:00 | |
So Ledell Lee's story starts back in 1989 in the Sunnydale neighbourhood. | 0:27:02 | 0:27:07 | |
There started to be a series of very serious, um, | 0:27:07 | 0:27:10 | |
rapes and murders in that area. | 0:27:10 | 0:27:12 | |
The first point is the case where a young woman was abducted from this, | 0:27:12 | 0:27:17 | |
uh, number one house. | 0:27:17 | 0:27:20 | |
Number two, is the rent house where that young lady's body was found, | 0:27:20 | 0:27:24 | |
and she actually had a shoe string tied around her neck. | 0:27:24 | 0:27:27 | |
Number three was the 1990 teenager that was raped and beaten. | 0:27:27 | 0:27:33 | |
Number four location, the 50-year-old victim was abducted just between | 0:27:33 | 0:27:37 | |
the tracks and the school, was drug down this alley and was raped. | 0:27:37 | 0:27:42 | |
Number five, um, is the residence of the 70-year-old woman, um, | 0:27:42 | 0:27:47 | |
who he knocked on her door, strangled her, raped her | 0:27:47 | 0:27:50 | |
and beat her so badly that she was paralysed. | 0:27:50 | 0:27:53 | |
1993, of course, the Debra Reese case. | 0:27:53 | 0:27:57 | |
That's number six here. | 0:27:57 | 0:27:58 | |
Number seven, is where Ledell Lee's mother lived | 0:27:58 | 0:28:01 | |
and number eight is where Ledell Lee lived. | 0:28:01 | 0:28:04 | |
He didn't have a vehicle, | 0:28:04 | 0:28:06 | |
so he was known to walk back and forth between these two. | 0:28:06 | 0:28:09 | |
But this map shows Mr Lee's hunting grounds. | 0:28:10 | 0:28:15 | |
He was...he was a predator and he prayed on the people of | 0:28:15 | 0:28:18 | |
the Sunnydale neighbourhood of Jacksonville. | 0:28:18 | 0:28:21 | |
My mother was everything to me. | 0:28:27 | 0:28:29 | |
My family has lived in the shadow of this event our entire lives. | 0:28:38 | 0:28:44 | |
And I'm asking you and begging you | 0:28:46 | 0:28:48 | |
to please let us have some closure, let this end. | 0:28:48 | 0:28:52 | |
Let us step out from the shadow. | 0:28:52 | 0:28:54 | |
Deny his clemency pleas. | 0:28:56 | 0:28:58 | |
The case before you is the worst that I have experienced. | 0:29:03 | 0:29:05 | |
The horror endured by the Reese family, the horror endured | 0:29:05 | 0:29:09 | |
by Jennifer Perkins, Avis Smith, Lilly Dodd, Christine Lewis and their families | 0:29:09 | 0:29:15 | |
can only be fairly met by the condemnation of Mr Lee to death. | 0:29:15 | 0:29:22 | |
You do not carry out, uh, the death penalty in an arbitrary and capricious manner. | 0:30:02 | 0:30:08 | |
The Attorney General will advise that, uh, those eight individuals have exhausted | 0:30:08 | 0:30:13 | |
their appeals, they've made all the requirements of due process | 0:30:13 | 0:30:16 | |
and fairness, and that they're ready to have their sentence carried out. | 0:30:16 | 0:30:20 | |
And so, because I received those eight names I set them. | 0:30:20 | 0:30:22 | |
Most importantly, though, you have to look at the victims that are | 0:30:25 | 0:30:29 | |
so often forgotten, uh, that they have gone on for decades | 0:30:29 | 0:30:33 | |
without the penalty of the jury being carried out. | 0:30:33 | 0:30:35 | |
So many people have told me that we're alike, um... | 0:30:53 | 0:30:57 | |
If I have the same hair colour as my mom they call me Carol. | 0:30:58 | 0:31:01 | |
That's why my hair's hot red or pink or whatever it is right now | 0:31:04 | 0:31:07 | |
cos I didn't feel like looking like her. | 0:31:07 | 0:31:11 | |
INTERVIEWER: Why don't you want to look like your mum? | 0:31:12 | 0:31:15 | |
I look in the mirror and see a ghost. | 0:31:16 | 0:31:19 | |
I don't... I don't want to be a ghost. | 0:31:22 | 0:31:24 | |
I have terrors where Stacey Johnson is just chasing me and chasing me, | 0:31:30 | 0:31:36 | |
and I wake up screaming and I... | 0:31:36 | 0:31:39 | |
I just... I'm scared, and I want to know he's dead. | 0:31:40 | 0:31:46 | |
I did talk to one place in regards to your cremation. | 0:32:30 | 0:32:33 | |
uh, we're looking at like 1,157. | 0:32:33 | 0:32:37 | |
-STACEY ON PHONE: -Oh, man. | 0:32:37 | 0:32:38 | |
But the thing is, they want me to pay that up front. | 0:32:40 | 0:32:43 | |
I mean, I would be able to do that but that would kind of wipe me out. | 0:32:44 | 0:32:51 | |
OK. | 0:33:09 | 0:33:10 | |
-She's right here. -I'm right here. | 0:33:14 | 0:33:16 | |
You're talking to me at the same time. | 0:33:16 | 0:33:18 | |
Uh, a little bit better. | 0:33:22 | 0:33:24 | |
A little, you know still stressed a little bit, | 0:33:24 | 0:33:26 | |
a little worried still but a little bit better. | 0:33:26 | 0:33:29 | |
Most definitely better than yesterday. | 0:33:29 | 0:33:31 | |
Yeah, OK. | 0:33:59 | 0:34:00 | |
Yeah. Somewhat. | 0:34:24 | 0:34:25 | |
Well, I believe I think I have an idea now. | 0:34:31 | 0:34:33 | |
Next, the son of the victim. | 0:35:24 | 0:35:26 | |
My name is Jonathan Erickson, uh... | 0:35:32 | 0:35:34 | |
It's been 23 years, 11 months and 23 days. | 0:35:34 | 0:35:38 | |
I go every day and I add another day to the calendar. | 0:35:38 | 0:35:41 | |
As far as I see it, | 0:35:41 | 0:35:43 | |
since this has happened there hasn't really been any justice served. | 0:35:43 | 0:35:47 | |
I don't understand why this needs to take so long, the evidence | 0:35:48 | 0:35:52 | |
was laid before the courts, the courts and the juries made | 0:35:52 | 0:35:55 | |
their decision, the punishment was death and I think it needs to go... | 0:35:55 | 0:35:59 | |
..go as planned. | 0:35:59 | 0:36:00 | |
Thank you very much. | 0:36:00 | 0:36:02 | |
These, ladies and gentlemen, are Stacey Johnson's | 0:36:06 | 0:36:10 | |
disciplinaries in the prison. | 0:36:10 | 0:36:12 | |
158 of them. | 0:36:13 | 0:36:16 | |
On 12-11-2016, Stacey Johnson attempted to stab | 0:36:18 | 0:36:23 | |
a Correctional Officer with a shank as that officer | 0:36:23 | 0:36:27 | |
slid his food tray through the slot in his door, and he told | 0:36:27 | 0:36:32 | |
the officer he would "F him up." He wasn't as polite as I am today. | 0:36:32 | 0:36:37 | |
On 11-25-2016, Stacey Johnson yelled out, quote, | 0:36:37 | 0:36:43 | |
"We need to put a knife in Officer Wells. I'm sick of her. | 0:36:43 | 0:36:48 | |
"I can choke the shit out of her. | 0:36:48 | 0:36:51 | |
"That bitch needs to be dead." | 0:36:51 | 0:36:54 | |
On 9-17-2016, Stacey Johnson crudely | 0:36:54 | 0:37:00 | |
and vulgarly talked to the same Officer Wells and told her that | 0:37:00 | 0:37:05 | |
if he wasn't behind this door, "I would cut off your F-ing neck". | 0:37:05 | 0:37:10 | |
Then again, he wasn't as polite as I am here today. | 0:37:11 | 0:37:14 | |
Stacey's no angel coming from where he's come from | 0:38:15 | 0:38:19 | |
and being out there in the street, you know. | 0:38:19 | 0:38:22 | |
He's done some things he's not proud of, but, you know, he's done | 0:38:22 | 0:38:26 | |
a lot in his life, but he's said that this was just not...not the one he's done. | 0:38:26 | 0:38:31 | |
Looking at the evidence and reading through his case | 0:38:34 | 0:38:37 | |
and just knowing him as a person, and, you know, what he's told me | 0:38:37 | 0:38:40 | |
about his past, you know, it's just something personally that | 0:38:40 | 0:38:44 | |
I feel inside of my gut that he didn't do it. | 0:38:44 | 0:38:46 | |
God forbid he doesn't get this clemency or a stay and he has to be executed, um... | 0:38:51 | 0:38:59 | |
It is my greatest hope | 0:39:00 | 0:39:02 | |
and wish that the drugs actually do work the way they're supposed to. | 0:39:02 | 0:39:05 | |
I don't want him to suffer at all. | 0:39:05 | 0:39:07 | |
I don't want him to suffer. | 0:39:07 | 0:39:09 | |
If he's going to die, I don't want him to suffer. | 0:39:09 | 0:39:12 | |
The IV team will first administer two syringes containing midazolam, | 0:40:14 | 0:40:18 | |
a sedative that is supposed to make the inmate unconscious. | 0:40:18 | 0:40:22 | |
Once that is determined, the second drug will be administered - | 0:40:22 | 0:40:26 | |
vecuronium bromide - a paralytic. | 0:40:26 | 0:40:28 | |
Then comes the third and final drug, two syringes | 0:40:28 | 0:40:32 | |
of potassium chloride, ultimately causing the inmate's heart to stop. | 0:40:32 | 0:40:36 | |
It is generally said that the two latter drugs would cause torture | 0:40:36 | 0:40:42 | |
unless the inmate is rendered totally unconscious by drug number one. | 0:40:42 | 0:40:49 | |
The problem is midazolam has a history of not working and has been | 0:40:49 | 0:40:53 | |
the apparent cause of several botched executions around the country. | 0:40:53 | 0:41:00 | |
It is contrary to what we would expect in a civilised society. | 0:41:00 | 0:41:05 | |
Does your car work every time you get into it? | 0:41:08 | 0:41:10 | |
Yeah, there you go. How many times do you get into that and how many years do you keep your car? | 0:41:11 | 0:41:15 | |
There are going to be times your car's not going to start, | 0:41:15 | 0:41:18 | |
there are going to be times that, uh, you just say you're deer hunting | 0:41:18 | 0:41:21 | |
and your gun does not go off. | 0:41:21 | 0:41:24 | |
Can I say 100% that every one of these executions are going to go as planned? | 0:41:24 | 0:41:29 | |
No. Things happen. | 0:41:29 | 0:41:31 | |
The world's not perfect. | 0:41:31 | 0:41:34 | |
He was moved from the Varner Supermax | 0:41:49 | 0:41:51 | |
to the Cummins Unit where the actual death chamber is. | 0:41:51 | 0:41:55 | |
Today was the very last day that we could see him | 0:41:58 | 0:42:02 | |
before the scheduled execution tomorrow, God forbid it happens. | 0:42:02 | 0:42:07 | |
Um, so... | 0:42:07 | 0:42:08 | |
We don't know if we're going to see him alive again. | 0:42:11 | 0:42:14 | |
There was a lot of hugging and tears and crying. | 0:42:17 | 0:42:20 | |
He thanked me for the wonderful years that we had together. | 0:42:21 | 0:42:24 | |
Um... | 0:42:28 | 0:42:30 | |
I'm sorry. | 0:42:34 | 0:42:35 | |
And that we was praying that, uh... | 0:42:45 | 0:42:47 | |
..we'd get the outcome that we wanted | 0:42:50 | 0:42:51 | |
as far as the Supreme Court and the DNA. | 0:42:51 | 0:42:54 | |
We're praying that the Arkansas Supreme Court would actually | 0:42:55 | 0:42:59 | |
give us that stay in order to have the DNA retested. | 0:42:59 | 0:43:05 | |
Um... | 0:43:06 | 0:43:08 | |
I have to cut this... | 0:43:08 | 0:43:10 | |
-I'm going to have to cut this, this is... Yeah. -OK. | 0:43:10 | 0:43:12 | |
Hello. | 0:43:14 | 0:43:15 | |
Yes. | 0:43:17 | 0:43:18 | |
Oh, boy! | 0:43:26 | 0:43:28 | |
I'm sorry, my glasses. These are happy tears now. | 0:43:32 | 0:43:35 | |
Oh. | 0:43:36 | 0:43:37 | |
These are happy tears. | 0:43:39 | 0:43:40 | |
Jeff just called me, the Arkansas Supreme Court gave him the stay on the DNA. | 0:43:42 | 0:43:46 | |
Oh, Judy, Judy, Judy, did you really? | 0:43:46 | 0:43:48 | |
We got a stay! | 0:43:48 | 0:43:50 | |
OK. Thank you, thank you. | 0:43:51 | 0:43:54 | |
-I can't wait to tell him this. -Um, I know. -I can't wait to tell him this. | 0:43:55 | 0:44:00 | |
-RECORDING ON PHONE: -An inmate at Cummins Unit. You may start the conversation now. | 0:44:00 | 0:44:05 | |
-Hello. -Hey. -Hello. -Hello. | 0:44:05 | 0:44:09 | |
-Hello. -Hello. | 0:44:09 | 0:44:10 | |
Yes, are you happy too? | 0:44:13 | 0:44:15 | |
-You got the news? -You got finally got the news? | 0:44:15 | 0:44:17 | |
Oh, wow. | 0:44:20 | 0:44:22 | |
RUSTLING | 0:44:35 | 0:44:36 | |
Are you eating? | 0:44:37 | 0:44:39 | |
Yes. | 0:44:40 | 0:44:41 | |
OK. | 0:44:57 | 0:44:59 | |
There's a church around every corner. | 0:45:07 | 0:45:09 | |
Thank God for that. That's what America is missing, if we had more God in our lives, | 0:45:09 | 0:45:14 | |
we wouldn't have to worry about putting people to death. | 0:45:14 | 0:45:17 | |
Killing people is a no-no, and it's perfectly all right with God | 0:45:20 | 0:45:25 | |
if we put them to death like he says in the good book. | 0:45:25 | 0:45:28 | |
The Bible says, "Thou shall not kill". | 0:45:29 | 0:45:31 | |
So, it depends on, I guess, what Testament you're going with, | 0:45:31 | 0:45:35 | |
the Old Testament or the New Testament, | 0:45:35 | 0:45:37 | |
but either way is wrong, either way. | 0:45:37 | 0:45:39 | |
Killing somebody for killing somebody, that's... | 0:45:39 | 0:45:42 | |
That's not Christian. | 0:45:42 | 0:45:44 | |
My personal opinion about the death penalty | 0:45:45 | 0:45:47 | |
comes from my faith in Christ. | 0:45:47 | 0:45:49 | |
I think that it's something that Jesus wouldn't support, you know. | 0:45:49 | 0:45:52 | |
He's going to try and reach each and every one of us until the end. | 0:45:52 | 0:45:57 | |
The problem I find is with the idea that we would | 0:45:57 | 0:46:00 | |
cut off someone's time to know Jesus and be saved. | 0:46:00 | 0:46:03 | |
I believe that | 0:46:09 | 0:46:11 | |
regardless of what someone's done, | 0:46:11 | 0:46:13 | |
we're all better than the worst thing we've ever done. | 0:46:13 | 0:46:16 | |
And in Ledell's case, even if the state believes he's guilty, | 0:46:16 | 0:46:20 | |
you shouldn't kill him regardless. | 0:46:20 | 0:46:22 | |
It's not saying I'm agreeing that he's guilty | 0:46:22 | 0:46:25 | |
because he's always denied that he's guilty, but as his attorney, | 0:46:25 | 0:46:30 | |
the number one goal is to make sure he's not executed, because if he's | 0:46:30 | 0:46:33 | |
not executed, you've got a lot more time to try and prove his innocence. | 0:46:33 | 0:46:38 | |
All right, inmate Ledell Lee is going to wave his appearance here today. | 0:46:41 | 0:46:46 | |
So, uh, Mr Short you may proceed. | 0:46:46 | 0:46:49 | |
-All right. Thank you very much. -You bet. | 0:46:49 | 0:46:51 | |
Erm, you now first I want to speak to the fact that he is absent. | 0:46:51 | 0:46:55 | |
I'd be remiss if I didn't comment on it. | 0:46:55 | 0:46:57 | |
I was appointed seven months ago. | 0:46:57 | 0:47:00 | |
At no time during those seven months was it | 0:47:00 | 0:47:03 | |
indicated that he would be on the next execution schedule. | 0:47:03 | 0:47:07 | |
Uh, and ultimately it was discovered that he | 0:47:07 | 0:47:12 | |
was on the execution schedule, uh, by the news. | 0:47:12 | 0:47:16 | |
Um, I was not provided a letter, | 0:47:16 | 0:47:18 | |
not provided an e-mail, a fax, any notification, | 0:47:18 | 0:47:23 | |
but I was told on February 27th | 0:47:23 | 0:47:26 | |
as everyone was, that he was set to be executed. | 0:47:26 | 0:47:30 | |
The following day I was provided notification that I had | 0:47:30 | 0:47:33 | |
until March 11th to draft him a clemency petition, OK? | 0:47:33 | 0:47:37 | |
So, we're talking approximately ten days. | 0:47:37 | 0:47:40 | |
Now, most prosecutors would find that was insufficient time to | 0:47:41 | 0:47:44 | |
prepare to have any witnesses available, | 0:47:44 | 0:47:47 | |
to have any meaningful response. | 0:47:47 | 0:47:50 | |
But somehow the man's life is at stake | 0:47:50 | 0:47:52 | |
and ten days to prepare is due process, is fairness. | 0:47:52 | 0:47:58 | |
And Ledell Lee's far from ignorant, in fact he is very intelligent, | 0:47:59 | 0:48:04 | |
and he's been going... | 0:48:04 | 0:48:05 | |
..he's been through the legal process enough to know | 0:48:05 | 0:48:08 | |
what strikes him as fair and what strikes him as not fair. | 0:48:08 | 0:48:10 | |
And there's nothing about having ten days | 0:48:10 | 0:48:13 | |
to plead for a man's life that's fair. | 0:48:13 | 0:48:16 | |
At his trial, Ledell had a lot of problems believing | 0:48:18 | 0:48:21 | |
that his attorneys had his best interest at heart. | 0:48:21 | 0:48:24 | |
One of Ledell's attorneys told him essentially, "You should take | 0:48:26 | 0:48:30 | |
"a plea deal of life in prison," implying that he's guilty. | 0:48:30 | 0:48:35 | |
And I think Ledell took exception, as anyone would in his position, | 0:48:36 | 0:48:40 | |
and wanted a new attorney put on his case. | 0:48:40 | 0:48:43 | |
The court not only disagreed that a new attorney should be put on his case, | 0:48:43 | 0:48:48 | |
his trial judge actively interfered with getting him a new attorney. | 0:48:48 | 0:48:53 | |
Based on those issues | 0:48:54 | 0:48:56 | |
and the fact that he stands by his innocence, I'm... | 0:48:56 | 0:48:59 | |
..I'm going to ask that it be commuted to a life sentence. | 0:48:59 | 0:49:01 | |
Jesus never said, "I'm going to stop trying to save you," | 0:49:03 | 0:49:07 | |
and he never said, "This is the endgame." | 0:49:07 | 0:49:10 | |
I mean, he saved another man on the cross. | 0:49:10 | 0:49:13 | |
Today is Thursday. It's your school day forecast, | 0:49:18 | 0:49:21 | |
mostly clear right now, | 0:49:21 | 0:49:23 | |
and 64 degrees at the moment, but you know what? | 0:49:23 | 0:49:25 | |
It's going to be warming up. In fact, we'll get into those | 0:49:25 | 0:49:27 | |
80s this afternoon, mid 80s. It's going to be a warm one. | 0:49:27 | 0:49:30 | |
The first execution scheduled to be at 7 o'clock tonight. | 0:49:30 | 0:49:33 | |
As of this morning, no individual stay | 0:49:33 | 0:49:35 | |
has been granted for Ledell Lee. | 0:49:35 | 0:49:38 | |
Meanwhile, last night the Arkansas Supreme Court granted | 0:49:38 | 0:49:40 | |
a stay of execution for Stacey Johnson. | 0:49:40 | 0:49:42 | |
The additional testing in this case could prove his innocence. | 0:49:42 | 0:49:45 | |
Attorney General Leslie Rutledge said | 0:49:45 | 0:49:47 | |
she is going to appeal this to the Arkansas Supreme Court. | 0:49:47 | 0:49:50 | |
And we are firing on all cylinders at the Attorney General's office | 0:49:50 | 0:49:53 | |
and will continue to do so to ensure that these families, | 0:49:53 | 0:49:56 | |
these victims...justice again is carried out. | 0:49:56 | 0:49:59 | |
-RECORDING: -Call from an inmate at Cummins Unit. | 0:50:03 | 0:50:06 | |
This call is subject to recording and monitoring. | 0:50:06 | 0:50:09 | |
You may start the conversation now. | 0:50:09 | 0:50:11 | |
Hello. | 0:50:11 | 0:50:12 | |
Oh, man. | 0:50:12 | 0:50:13 | |
What's wrong? | 0:50:13 | 0:50:14 | |
Uh, right now the Attorney General has filed appeals with | 0:50:36 | 0:50:42 | |
the Supreme Court on your stay, uh... | 0:50:42 | 0:50:45 | |
Jeff is responding back. | 0:50:45 | 0:50:47 | |
Uh, we are hoping that they'll come back with | 0:50:49 | 0:50:51 | |
the same decision that they gave you yesterday. | 0:50:51 | 0:50:54 | |
Hey, it's Ashley. | 0:51:08 | 0:51:09 | |
Do we head to the prison like normal? | 0:51:09 | 0:51:12 | |
OK, I'm just making sure. | 0:51:13 | 0:51:15 | |
I'll see you at 4.30. | 0:51:15 | 0:51:18 | |
Bye. | 0:51:18 | 0:51:19 | |
We are carrying on like it is a normal day, | 0:51:20 | 0:51:25 | |
and he's going to get executed. | 0:51:25 | 0:51:29 | |
We have up until midnight to fight for it. | 0:51:29 | 0:51:32 | |
He's absolutely 100% guilty. | 0:51:33 | 0:51:36 | |
There's not a doubt in my mind. | 0:51:37 | 0:51:39 | |
I know what I saw. | 0:51:40 | 0:51:42 | |
-SAT-NAV: -In .4 miles, turn left... | 0:52:05 | 0:52:08 | |
Where the hell are we? | 0:52:09 | 0:52:11 | |
I don't know. | 0:52:12 | 0:52:13 | |
It's not going to be on this road. | 0:52:13 | 0:52:15 | |
I don't have any signal. | 0:52:15 | 0:52:16 | |
I don't either. | 0:52:17 | 0:52:18 | |
You don't have any signal here. | 0:52:18 | 0:52:20 | |
Don't yell. You're not helping us find our way out of here. | 0:52:20 | 0:52:24 | |
Mom, I need my anxiety medicine, please. | 0:52:28 | 0:52:30 | |
Where is it? | 0:52:30 | 0:52:31 | |
In Cindy's purse. | 0:52:31 | 0:52:33 | |
Yeah, Cindy's purse. | 0:52:33 | 0:52:35 | |
OK, I think I've figured out what we did. | 0:52:44 | 0:52:46 | |
I think we turned right when we should have turned left, | 0:52:46 | 0:52:49 | |
so we were going in the opposite direction. | 0:52:49 | 0:52:51 | |
We might be going the wrong way. | 0:52:51 | 0:52:53 | |
Maybe we needed to go back the other way. | 0:52:53 | 0:52:55 | |
SHE CRIES | 0:52:59 | 0:53:01 | |
Damn it, Melissa is already there! | 0:53:07 | 0:53:09 | |
Ashley, it's OK. | 0:53:09 | 0:53:11 | |
It doesn't matter if she gets there before you do or not. It's not about... | 0:53:11 | 0:53:15 | |
Well, obviously, she can follow directions. | 0:53:15 | 0:53:18 | |
-We followed directions, Ashley. -Ashley Elizabeth. | 0:53:18 | 0:53:20 | |
I'm not going to get to where I need to be. | 0:53:20 | 0:53:22 | |
Ashley, calm down. | 0:53:22 | 0:53:23 | |
-Before I... -Do I need to take you back home? | 0:53:23 | 0:53:26 | |
This is a... | 0:53:26 | 0:53:28 | |
Stop! You need to take a deep breath and calm down. | 0:53:28 | 0:53:32 | |
As far as I'm aware from the news that I've read on my phone, | 0:54:05 | 0:54:08 | |
that, uh, currently all executions are a go. | 0:54:08 | 0:54:10 | |
It's almost like they're not willing to look at | 0:54:19 | 0:54:22 | |
if this person is actually innocent or guilty. | 0:54:22 | 0:54:25 | |
They just want some type of blood spilled, | 0:54:25 | 0:54:28 | |
and want to call it justice. | 0:54:28 | 0:54:30 | |
MOBILE VIBRATES | 0:54:30 | 0:54:31 | |
-It's Jeff. -Oh, it's Jeff. | 0:54:31 | 0:54:34 | |
Hello? | 0:54:36 | 0:54:37 | |
Yes. | 0:54:37 | 0:54:39 | |
OK. We've still got it? | 0:54:41 | 0:54:43 | |
We still have the stay. | 0:54:43 | 0:54:45 | |
So, we got it, she can't go any further? | 0:54:45 | 0:54:47 | |
OK. | 0:54:51 | 0:54:52 | |
-OK. -OK? | 0:54:54 | 0:54:56 | |
-Oh, thank you, thank you, thank you. -OK. | 0:54:56 | 0:54:58 | |
Oh. | 0:55:00 | 0:55:01 | |
Oh, Jesus. | 0:55:02 | 0:55:04 | |
So this is it, it goes no further. | 0:55:04 | 0:55:06 | |
This is it. | 0:55:06 | 0:55:07 | |
Whoo! | 0:55:08 | 0:55:09 | |
Stacey Johnson has a stay of execution that has not been | 0:55:12 | 0:55:16 | |
lifted and from what it appears, it's going to stay that way. | 0:55:16 | 0:55:19 | |
So, there will be one execution tonight. Unless things change, | 0:55:19 | 0:55:24 | |
you can expect Ledell Lee to be put to death. | 0:55:24 | 0:55:27 | |
Everything's a go, folks at the prison are telling me | 0:55:27 | 0:55:30 | |
that everything is in place, | 0:55:30 | 0:55:31 | |
and they are set to execute Ledell Lee at seven o'clock tonight. | 0:55:31 | 0:55:36 | |
We have received notice that the 8th Circuit Court of Appeals has | 0:55:39 | 0:55:43 | |
issued a temporary stay on Ledell Lee's execution until 8.15pm. | 0:55:43 | 0:55:49 | |
This is right now why, um, Ledell Lee is alive. | 0:56:03 | 0:56:08 | |
It's a temp, | 0:56:08 | 0:56:09 | |
it's a stay from the Supreme Court of the United States. | 0:56:09 | 0:56:12 | |
He has roughly six cases we believe pending... | 0:56:12 | 0:56:15 | |
-Right. -...at this point, and that is really it. | 0:56:15 | 0:56:18 | |
That is the last place that you can take your case... | 0:56:18 | 0:56:21 | |
I'm Brandy Davis, the cousin of Ledell Lee Davis, I'm here to | 0:56:25 | 0:56:29 | |
protest against the execution. | 0:56:29 | 0:56:30 | |
I want him to stay alive tonight. | 0:56:30 | 0:56:32 | |
It's wrong, it's wrong, | 0:56:32 | 0:56:35 | |
and we have to answer to somebody for doing this to them. | 0:56:35 | 0:56:38 | |
I call them legal murderers, you're taking someone's life | 0:56:41 | 0:56:44 | |
and I just believe that thou shall not kill, | 0:56:44 | 0:56:48 | |
and that one day they're going to face another judge and they're | 0:56:48 | 0:56:52 | |
going to be held accountable for the killing that they've done. | 0:56:52 | 0:56:56 | |
This is giving me a good taste of what I'm in for Monday night with my brother. | 0:57:07 | 0:57:11 | |
I'm Jack Jones' sister, so he's set to be executed, uh, | 0:57:18 | 0:57:21 | |
Monday night, um, with Marcel Williams. | 0:57:21 | 0:57:25 | |
So, um, I'm out here, I wasn't intending to come out here tonight. | 0:57:25 | 0:57:29 | |
I had a visit with Jack today and decided to stay here | 0:57:29 | 0:57:32 | |
and support people that I can totally relate with. So, I'm here to show my support, | 0:57:32 | 0:57:36 | |
um, to Ledell's family, I'm here to support Stacey's wife | 0:57:36 | 0:57:40 | |
and daughter just to show people everywhere that there's | 0:57:40 | 0:57:44 | |
someone that's getting ready to face the same thing that's going on tonight, on Monday, | 0:57:44 | 0:57:48 | |
um, what we go through out here. | 0:57:48 | 0:57:50 | |
May I have your attention, please? | 0:58:00 | 0:58:03 | |
All right. | 0:58:07 | 0:58:08 | |
The information that I have at this point indicates that the | 0:58:11 | 0:58:14 | |
stay has been lifted by the Supreme Court. | 0:58:14 | 0:58:17 | |
Uh, so, uh, we will begin the process of carrying out | 0:58:17 | 0:58:21 | |
the sentence of Ledell Lee. | 0:58:21 | 0:58:23 | |
Uh, once that sentence is carried out I will be notified, | 0:58:23 | 0:58:27 | |
and I will come back to the podium and notify the pool accordingly. | 0:58:27 | 0:58:30 | |
What we know about the injection protocol, there are two vials first of the midazolam | 0:58:47 | 0:58:53 | |
and then if he's unconscious they will move to the next step. | 0:58:53 | 0:58:57 | |
There is a lot of attention now on how well | 0:58:57 | 0:59:00 | |
and effective it works, and how long it takes. | 0:59:00 | 0:59:03 | |
In a couple of those disturbing botched executions, it took hours. | 0:59:03 | 0:59:08 | |
The hope for all involved is that | 0:59:08 | 0:59:12 | |
it certainly doesn't take that long once the process begins. | 0:59:12 | 0:59:15 | |
At 11.21pm, the condemned arrives in the execution chamber. | 1:00:09 | 1:00:14 | |
BELL TOLLS | 1:00:15 | 1:00:17 | |
The condemned is restrained. | 1:00:17 | 1:00:19 | |
At 11.27pm... | 1:00:21 | 1:00:23 | |
..the intravenous catheters are inserted. | 1:00:25 | 1:00:28 | |
BELL TOLLS | 1:00:28 | 1:00:30 | |
At 11.39pm, the witnesses enter the viewing room. | 1:00:32 | 1:00:36 | |
BELL TOLLS | 1:00:36 | 1:00:37 | |
At 11.44pm, the curtains to the viewing room are opened. | 1:00:41 | 1:00:46 | |
BELL TOLLS | 1:00:46 | 1:00:47 | |
BELL TOLLS | 1:00:53 | 1:00:54 | |
The director asks the condemned inmate for his final words. | 1:00:54 | 1:00:58 | |
No final words are spoken. | 1:01:02 | 1:01:04 | |
BELL TOLLS | 1:01:04 | 1:01:05 | |
At 11.45pm, the chemicals are administered. | 1:01:07 | 1:01:11 | |
BELL TOLLS | 1:01:17 | 1:01:18 | |
At 11.56pm, the coroner pronounces death. | 1:01:29 | 1:01:33 | |
PHONE RINGS | 1:01:46 | 1:01:48 | |
Everybody ready? | 1:02:10 | 1:02:11 | |
A lethal injection was administered at 11.44pm | 1:02:15 | 1:02:18 | |
and the coroner pronounced Ledell Lee | 1:02:18 | 1:02:21 | |
dead at 11.56pm this 20th day of April, | 1:02:21 | 1:02:26 | |
carrying out the sentence of the Circuit Court of Pulaski County, Arkansas, | 1:02:26 | 1:02:30 | |
entered on October 16th, 1995. | 1:02:30 | 1:02:34 | |
His eyes closed over a process of about two or three minutes. | 1:02:58 | 1:03:02 | |
You could... | 1:03:02 | 1:03:04 | |
They dropped and then became closed and they did not open again at any point other than when the... | 1:03:04 | 1:03:09 | |
..they were opened by the coroner doing the check. | 1:03:09 | 1:03:12 | |
Do you believe he experienced any | 1:03:12 | 1:03:14 | |
undue pain or suffering in this process? | 1:03:14 | 1:03:17 | |
Not from what I could see. | 1:03:17 | 1:03:19 | |
I'd have to agree with that statement as well. | 1:03:20 | 1:03:23 | |
It seems like he lost consciousness pretty quick | 1:03:26 | 1:03:28 | |
and then shortly after that, uh, | 1:03:28 | 1:03:30 | |
the other drugs were administered and then death soon followed. | 1:03:30 | 1:03:34 | |
A lot of issues about the drug midazolam. | 1:03:34 | 1:03:37 | |
No problems with it tonight, that's for sure. | 1:03:37 | 1:03:40 | |
Ledell Lee was executed, the first execution in Arkansas in 12 years. | 1:03:40 | 1:03:44 | |
That's pretty unprofessional right there. | 1:03:55 | 1:03:57 | |
Just laughing and high fiving. | 1:03:59 | 1:04:00 | |
It's crazy. Joking around, punching each other. | 1:04:02 | 1:04:06 | |
The ADC staff carried out their responsibilities extremely well, uh, | 1:04:53 | 1:04:58 | |
and more importantly tonight, the family of Debra Reece, uh, who was | 1:04:58 | 1:05:04 | |
taken from them back in 1993, will go to sleep with | 1:05:04 | 1:05:08 | |
the justice, uh, they | 1:05:08 | 1:05:11 | |
were seeking, and, uh, the closure that they've been looking for. | 1:05:11 | 1:05:15 | |
That's all I have. | 1:05:16 | 1:05:18 | |
One of the last things I said to Ledell, | 1:05:34 | 1:05:36 | |
you know when I was kind of choked up was that I was... | 1:05:36 | 1:05:39 | |
..I was sorry I couldn't do more because the truth is, you know, | 1:05:39 | 1:05:43 | |
there's always more I could have done. | 1:05:43 | 1:05:45 | |
I could have taken fewer cases, uh, outside of his case | 1:05:45 | 1:05:49 | |
and worked more on his case and maybe the outcome would be | 1:05:49 | 1:05:52 | |
different, and those thoughts are going to stay with me forever. | 1:05:52 | 1:05:56 | |
Ledell Lee made this conscious decision to be evil. | 1:05:59 | 1:06:03 | |
There's no excuse for that, | 1:06:03 | 1:06:05 | |
because there have to be some bright lines in our society where we | 1:06:05 | 1:06:09 | |
hold people personally responsible and accountable. | 1:06:09 | 1:06:12 | |
And that's what the death penalty did in this case with Ledell Lee. | 1:06:12 | 1:06:16 | |
You feel kind of bad, cos we got the stay, nothing happened to | 1:06:20 | 1:06:24 | |
Stacey, but yet at the same time, there's sadness because Ledell | 1:06:24 | 1:06:29 | |
lost his life, and it could have been us, it could have been us. | 1:06:29 | 1:06:33 | |
I honestly don't know what to think right now, you know, | 1:06:35 | 1:06:38 | |
I'm just looking at everything and I'm just saying to myself, | 1:06:38 | 1:06:42 | |
you know, just get rid of the death penalty, period. | 1:06:42 | 1:06:45 | |
You know, I believe in justice but, uh, | 1:06:45 | 1:06:47 | |
I don't believe death is justice. | 1:06:47 | 1:06:49 | |
I didn't realise it for a second and then they said that he got a stay again, and then, uh... | 1:07:01 | 1:07:09 | |
..my mind immediately went black. | 1:07:10 | 1:07:11 | |
It was devastating. | 1:07:15 | 1:07:18 | |
I drove straight up to the cemetery | 1:07:18 | 1:07:20 | |
and there's an oak tree that they buried my mother next to. | 1:07:20 | 1:07:24 | |
I spent about an hour and a half in the dark. | 1:07:26 | 1:07:28 | |
I needed to say something, even though nothing can really be said. | 1:07:29 | 1:07:34 | |
I thought that I'd failed her. | 1:07:43 | 1:07:45 | |
The pictures show her on the passenger side of her vehicle, | 1:08:12 | 1:08:16 | |
and a black male driver of the vehicle. | 1:08:16 | 1:08:21 | |
I'm so sorry. | 1:08:24 | 1:08:25 | |
I am going to be present when the state murders my brother. | 1:08:30 | 1:08:36 | |
This was one of the worst crimes I ever worked, uh, | 1:08:38 | 1:08:42 | |
because of the young girl involved. | 1:08:42 | 1:08:44 | |
Lacey said to him, "Please don't hurt my mamma," and Jack told her, | 1:08:44 | 1:08:51 | |
"I'm not going to hurt your mamma, I'm here to hurt you." | 1:08:51 | 1:08:55 |