Episode 2 Life and Death Row


Episode 2

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Transcript


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This programme contains scenes which some viewers may find disturbing.

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-AUTOMATED VOICE ON PHONE:

-This is a free call from...

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-ON PHONE:

-Stacey Johnson.

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...an inmate at...Varner Unit.

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She was laid out on the bed,

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the TV was turned all the way up to cover the sound of her screams.

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It's not a race against anything, my goodness, it's been 25 years.

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It's pretty much like a slaughter line,

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and, and it's... It's just inhumane.

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It's...

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The rush to use this drug is bad for the dignity that they're

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trying to do eight in ten days,

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

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Midazolam has a history of being involved in botched executions.

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A lot of the focus has been on the drugs being used,

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will they cause cruel and unusual punishment?

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That awaits to be seen.

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If it lasts for an hour or whatever,

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I really just really truly don't care.

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Tonight, the families of the victims are on the Governor's mind.

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The justice they were hoping to get, they will once again not.

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The Department of Corrections' attention now shifts to the

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executions that are scheduled for Thursday.

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PHONE RINGS

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What's coming up right here is, er, Varner Unit and Varner Supermax.

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These buildings right here, this is where, um, Stacey's been housed.

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Stacey's my husband, er, he's on death row.

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He's scheduled to be executed on April 20th.

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Does anybody need a coffee here?

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Four days, four days.

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Four days.

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And they said even though it was a short time,

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it's still probably about the longest four days of our lives.

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You know, of course, first my biggest fear

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is him getting executed.

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But what would be my...

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..my second fear is, you know, him being executed

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but still turns out to be innocent.

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And that the state of Arkansas executed an innocent man

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that's been proclaiming his innocence since day one.

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Stacey Johnson has been on death row for 23 years now.

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He's convicted for violently killing Carol Heath in 1993 in De Queen.

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He beat, strangled and slit Heath's throat

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while two children in the house hid.

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After the long legal battle,

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the victim's family just wants Johnson to admit his crimes.

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I saw him kill my mother.

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I believe that he is the one

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that took the knife to my mother's throat.

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I believe that he is the one who strangled my mother.

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I believe with all my heart he's the one that broke in

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and started beating my mother.

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That's, um, my mom and I when I was about four

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when she was pregnant with my brother.

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This is the picture that was taken two weeks before she was killed.

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And she's very young.

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She was 25 years old.

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Her and I used to dance a lot to country music

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and whatever came on the radio.

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Um, the day of my birthday she called into the radio station

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and requested Billy Ray Cyrus, Achy Breaky Heart

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and we danced to it, um, the correct way.

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That's one of my best memories with my mom, um...

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She was actually murdered that night, the night of my birthday.

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Stacey Johnson came over.

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He had been acquainted with my mom...

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..and something was going on at the door.

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My mom got up and I got up because I was thirsty for water

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and I just couldn't believe what I saw.

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He came in and he started beating my mom up.

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And my mom was fighting back really hard.

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She was screaming, "Get off of me!"

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She was maybe 5'1 and she weighed 109 pounds.

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And I was just standing there in the hallway.

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At six I didn't understand.

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I had a two-year-old brother...

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..and I had to make sure he was hid and quiet.

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This is going to be it here.

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My sister said she hid me in a closet, and I don't remember that.

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I just, uh, the only memory that comes to mind in that house

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is seeing my mother on the floor.

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I saw him take something to her throat.

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Something sharp.

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There was so much blood.

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There was just so much blood, all over the place.

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The police report said there was, uh,

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there was two children's footprints in the blood.

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I was two when it happened, and she's never really been in my life.

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There isn't really a place that I ever...

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..I ever get the feeling of her being with me other than going

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and visiting her grave, and I guess I could speak to her there.

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I don't get a reply, but it makes me feel better to go and I get to share

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my feelings with her, even though I'll never know how she feels back.

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Stacey Johnson has always insisted that he was innocent.

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Eyewitness testimony is notoriously unreliable

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and when you have a child witness, uh, that's a major issue.

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That was part of the case.

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The child psychologist who spoke to the child during the course

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of this, at the time Ashley Heath was I think,

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like, five or six years old.

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And she done testing with Ashley Heath,

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and she stated plain and simple that she don't believe that the

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child witnessed the murder that actually took place.

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That she saw a traumatic...

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You know, her mom dead,

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which would be traumatic for any child

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or anyone in that particular point to see.

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However, she stated herself that she don't believe that she

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witnessed a murder.

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That's why I say there is lot of things in this case that was

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done, that needs to be solved.

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There are other issues, too, that have some significant problems as well.

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There's the DNA issue.

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The DNA was tested, and this...

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We're talking about back in the '90s,

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when DNA was nowhere near as precise as it is now.

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And we asked for retesting and were explicitly denied,

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uh, by, by the courts.

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So, when you have a situation where you have a serious

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question of the competency of the child who testified against him,

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when DNA testing is denied, what do they have to hide?

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What is the problem?

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And so, I would ask that you recommend to the Governor,

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uh, that he grant clemency.

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Like I said, the DNA evidence needs to be tested.

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All I'm asking for from all of you is just the opportunity

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and the chance, just to get my case back in court to where

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I can have the chance to have my case heard by someone who

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will give me a fair, impartial trial. That's all I want.

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OK, all right.

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With that, uh, this, uh, interview will conclude.

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Thank you very much.

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There was some DNA that was associated with him, uh, found.

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And so, we're trying to get the courts to retest it, uh,

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and hopefully the testing will, uh, exonerate him.

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We'll have to see.

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You ever met a lawyer who was on time?

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I had to buy my daughter a new trampoline for her birthday.

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The wind blew it off, the one that we had.

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It's a funny feeling about the... the death penalty.

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Do I want to go out and really watch this man be put to death? No.

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You're a prosecutor, this is your job.

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That's just the necessary evil.

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This is the 180-page motion they filed on Thursday...

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..that I had to respond to by Friday,

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that they turned round and filed a response on Friday night.

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This was for new DNA testing, and, uh, it's...

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He's had DNA testing twice.

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I mean, how many times do you want to have it tested?

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We truly believe it's nothing but a stall tactic to stop the execution.

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Uh, the evidence in this case, we believe is overwhelming,

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and has been since day one.

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The hair that was found with the body of Carol Heath, that was

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an African-American hair, was tested and the DNA from that hair compared

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to the DNA sample taken straight from Stacey Johnson matched.

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The problem with that in terms of using it as evidence is

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he was known to have been a social guest.

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The fact that Stacey Johnson's DNA is somewhere in the Heath house

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doesn't necessarily prove a whole lot

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because he's known to have been there.

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I mean there was some Caucasian hairs found.

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-INTERVIEWER:

-On the body, or...

-On the body, yeah.

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Why were they not tested?

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We don't know.

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But they should be.

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A few miles from the murder scene,

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the police found the victim's purse and a green shirt.

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On that shirt was blood,

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and the DNA testing on it came back to be Carol Heath's.

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The prosecutor claimed it was Stacey Johnson's shirt

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and Stacey Johnson says it wasn't his shirt.

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It was in that shirt that, supposedly, a cigarette butt was found.

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On that cigarette butt was a saliva that was tested,

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um, and it was tested to be, uh...

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..one out of every 28 million

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African-Americans that that DNA would be his DNA.

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The problem with that is the submission sheets are not as

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precise on that, there was another cigarette butt that was found

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in the home and it appears to us that the two may have been confused.

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And if he had smoked a cigarette there,

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that doesn't prove anything, proving something that's not in

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dispute, which was that he had been a social guest at the residence.

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He has no evidence to prove he's innocent.

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I don't know of any piece of evidence or any testimony

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he's ever asserted, other than the changing testimony of his client,

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that his client is innocent.

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The assailant apparently bit her on the breast,

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er, and if you're biting someone you're going to leave saliva.

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The DNA testing was done at that time

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and no profile of any person was obtained.

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Now, there is much more precise testing available now,

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more DNA testing needs to be done.

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This is something we had sought previously in both state

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and federal courts and have been turned down.

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This evidence has the chance of exonerating Stacey Johnson.

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So, we're asking the Arkansas Supreme Court to get

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Stacey Johnson's, uh, execution stayed

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so we can pursue subsequent DNA testing.

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-INTERVIEWER:

-What are the chances that Stacey's lawyer

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will be able to get this motion passed for DNA testing?

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I honestly think zero.

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I think that if they've done that kind of a crime to deserve the death penalty,

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they need to go ahead and be put to death in a mannerly way,

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and make sure that they are very guilty of what they've done.

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-If you know for a fact that they killed somebody, yes...

-That's what I was going to say.

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-...but if it's, uh, like shaky evidence then maybe...maybe...

-Then no.

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..maybe then, you still get convicted.

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I don't think they should kill the person.

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The American court system is a just system.

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I imagine that there has been someone executed that was innocent.

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But I would say that there... Those are far and few between.

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Where are we now, Jeff?

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In my conference room.

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So, what happens in here?

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Well, I try to get some work done in here.

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So, I see people, uh, you know, like a lot of lawyers,

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you try to impress your clients a little bit.

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So, I've hung up some of the awards and things that I've achieved

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over the years in the office, which I think it probably...

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All the other stuff I have here probably sort of detracts

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from the impact of what's on the wall.

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This one was, uh, I was involved in the so-called

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West Memphis Three case which was a very, uh, controversial case.

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A number of movies have been made about it.

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And I was fortunate enough to be asked to be part of the defence team

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for Jessie Misskelley, and that's Jessie here, and this is me there.

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In 1993, three little boys, about eight years old, didn't come home

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after dark and the next day their bodies were found in this

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sort of low lying creek-like area.

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And they were nude,

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and they were tied together, and they had, they'd been killed.

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There was obviously a great, uh, desire to find the people who....

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..who allegedly did it

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and a lot of pressure on the West Memphis Arkansas Police Department.

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So, they settled on several teenagers,

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Damien Echols, Jason Baldwin and Jessie Misskelley,

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and decided that they were suspects.

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Echols in particular liked to wear black

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and listened to music that was, shall we say, not mainstream.

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So, they decided that, well, maybe the bodies had evidence of

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Satanic rituals on them and a lot of bogus pseudo-evidence was

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introduced against them, and they ended up being convicted.

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Echols was sentenced to death, the other two were sentenced to life.

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A number of people all over the country that had become appalled by

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uh, what passed for justice in, uh, in north-east Arkansas at the time.

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And over the course of time they were able to bankroll a

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systematic attack on the convictions that I was honoured to be a part of.

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In 2011, which is when this picture was taken,

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they walked out of the courthouse free.

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All right, we're going to sing that together.

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This Little Light Of Mine, y'all ready?

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# This little light of mine

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# Oh, I'm gonna let it shine

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-CROWD JOINS IN:

-# Oh, this little light of mine

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# I'm gonna let it shine

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# This little light of mine

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# I'm gonna let it shine

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# Let it shine, let it shine, let it shine. #

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APPLAUSE AND CHEERING

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-Good afternoon.

-CROWD:

-Good afternoon.

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We're here today to make a clear call to Governor Hutchinson

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to stop the executions.

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All our voices are needed to get this message very clearly heard.

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Now I introduce Damien Echols.

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CHEERING

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You know for, uh, 18 years and 76 days,

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that's how long I was trapped in hell here.

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The local politicians tried to execute me.

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Even when DNA testing came out that excluded me

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and the other two men that they had convicted from the scene of the crime,

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they still kept trying to kill me.

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After DNA testing came out, I sat on death row for two more years

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while they tried to figure out how they could kill me

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and not have to admit they had made a mistake.

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These people would have murdered an innocent person without

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a second thought if it meant that they could

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further their political careers or keep their jobs.

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You know that's the level of...

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..of corruption that's inherent within the system.

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They may very well win this battle, you know

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

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They may go through with it despite our best efforts,

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despite everyone here doing everything they can.

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They may still very well do it.

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I just want to say that I salute you,

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I stand in solidarity with you, thank you so much.

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And...

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APPLAUSE

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Thank you.

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Let me, uh, just real quick.

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One of the men who is responsible for saving my life, I just

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wanted to say a couple of words, because this is someone who kept me

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from being killed, this is someone who stepped up to the plate when

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I was where these guys are now, and uh, did everything he could for me.

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So, my brother, this is my brother, Johnny Depp.

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CHEERING AND APPLAUSE

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Oh, my God!

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What?!

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I'm proud to be here and I'm proud to stand in absolute solidarity,

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and absolute support for my dear brother, Damien,

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who, uh, who at one time as you all know was, uh,

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sacrificed here into unbearable purgatory.

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Whether you believe in the death penalty or not, there's a wrong

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thing to do and there's a right thing to do, the right thing has been done.

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Cheers. Thanks for having me.

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CHEERING

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As the legal limbo continues, the Department of Corrections is moving forward planning for two executions.

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Stacey Johnson and Ledell Lee.

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After 21 years on death row, Ledell Lee maintains his innocence.

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In February of 1993, 27-year-old Lee robbed

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and strangled 26-year-old Debra Reese in her Jacksonville Home.

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He was sentenced to death two years later.

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Prosecutors say Lee committed violent crimes against five women,

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all in Jacksonville.

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His victims' ages ranged from 17 to 70.

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As a prosecutor, there's only a handful of cases in a long career

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that you even consider the death penalty on.

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And in my 27 years of prosecuting, um, this is the one case that I've

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received the death penalty on, and I've prosecuted many, many murders.

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I think there are some offences that you can commit, some acts

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so heinous that you can't come back from that.

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Ledell Lee lost his right to live among us

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in a free society, and he...

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..he deserves the punishment he receives.

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Ladies and gentlemen,

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Ledell Lee is not an ordinary killer.

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Ledell Lee is a super predator.

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A super predator that doesn't kill to eat,

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he kills for fun, he kills for thrill, he kills for the social...

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..psycho-social depravity of it.

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Let me take you to February 9th of 1993.

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The Sunnydale neighbourhood of Jacksonville.

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26-year-old Debra Reese, she'd been married about six months.

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She lived at 212 Cherry,

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with her husband, Billy, who was a long-distance truck driver,

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and her seven-year-old son from a previous relationship.

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Her son, who's here today, who the last time I saw

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wasn't any taller than this podium.

0:25:350:25:37

Her husband, Lee, was in his truck about 10am or so,

0:25:380:25:42

and Debra didn't know it yet but Debra at that point had been chosen.

0:25:420:25:46

Cos she was being watched.

0:25:460:25:48

There's a knock on the door.

0:25:500:25:52

Ledell Lee forces his way into the house.

0:25:550:25:57

She was beaten so badly that

0:25:590:26:00

she was struck in the head alone over 20 times,

0:26:000:26:03

and on the back and the front of her head, there are gaping, separate,

0:26:030:26:07

20 wounds delivered with a tyre thumper.

0:26:070:26:12

And when the police were called she was laid out on the bed.

0:26:120:26:16

The TV was turned all the way up...

0:26:170:26:21

..to cover the sound of her screams.

0:26:230:26:25

The modus operandi of the Debra Reese crime was

0:26:270:26:32

so similar to other Sunnydale crimes that the Jacksonville Police

0:26:320:26:36

reopened several rape and murder cases.

0:26:360:26:38

The blood that was taken during the course of the Debra Reese investigation in 1993

0:26:380:26:43

was sent to the Arkansas Crime Lab

0:26:430:26:46

and the Christine Lewis, Jennifer Perkins, Lilly Dodd and Avis Smith cases were all solved.

0:26:460:26:52

It's Ledell Lee's calling card.

0:26:520:26:54

He's DNA.

0:26:540:26:56

And he's a hunter, that's why I brought you this map.

0:26:570:27:00

So Ledell Lee's story starts back in 1989 in the Sunnydale neighbourhood.

0:27:020:27:07

There started to be a series of very serious, um,

0:27:070:27:10

rapes and murders in that area.

0:27:100:27:12

The first point is the case where a young woman was abducted from this,

0:27:120:27:17

uh, number one house.

0:27:170:27:20

Number two, is the rent house where that young lady's body was found,

0:27:200:27:24

and she actually had a shoe string tied around her neck.

0:27:240:27:27

Number three was the 1990 teenager that was raped and beaten.

0:27:270:27:33

Number four location, the 50-year-old victim was abducted just between

0:27:330:27:37

the tracks and the school, was drug down this alley and was raped.

0:27:370:27:42

Number five, um, is the residence of the 70-year-old woman, um,

0:27:420:27:47

who he knocked on her door, strangled her, raped her

0:27:470:27:50

and beat her so badly that she was paralysed.

0:27:500:27:53

1993, of course, the Debra Reese case.

0:27:530:27:57

That's number six here.

0:27:570:27:58

Number seven, is where Ledell Lee's mother lived

0:27:580:28:01

and number eight is where Ledell Lee lived.

0:28:010:28:04

He didn't have a vehicle,

0:28:040:28:06

so he was known to walk back and forth between these two.

0:28:060:28:09

But this map shows Mr Lee's hunting grounds.

0:28:100:28:15

He was...he was a predator and he prayed on the people of

0:28:150:28:18

the Sunnydale neighbourhood of Jacksonville.

0:28:180:28:21

My mother was everything to me.

0:28:270:28:29

My family has lived in the shadow of this event our entire lives.

0:28:380:28:44

And I'm asking you and begging you

0:28:460:28:48

to please let us have some closure, let this end.

0:28:480:28:52

Let us step out from the shadow.

0:28:520:28:54

Deny his clemency pleas.

0:28:560:28:58

The case before you is the worst that I have experienced.

0:29:030:29:05

The horror endured by the Reese family, the horror endured

0:29:050:29:09

by Jennifer Perkins, Avis Smith, Lilly Dodd, Christine Lewis and their families

0:29:090:29:15

can only be fairly met by the condemnation of Mr Lee to death.

0:29:150:29:22

You do not carry out, uh, the death penalty in an arbitrary and capricious manner.

0:30:020:30:08

The Attorney General will advise that, uh, those eight individuals have exhausted

0:30:080:30:13

their appeals, they've made all the requirements of due process

0:30:130:30:16

and fairness, and that they're ready to have their sentence carried out.

0:30:160:30:20

And so, because I received those eight names I set them.

0:30:200:30:22

Most importantly, though, you have to look at the victims that are

0:30:250:30:29

so often forgotten, uh, that they have gone on for decades

0:30:290:30:33

without the penalty of the jury being carried out.

0:30:330:30:35

So many people have told me that we're alike, um...

0:30:530:30:57

If I have the same hair colour as my mom they call me Carol.

0:30:580:31:01

That's why my hair's hot red or pink or whatever it is right now

0:31:040:31:07

cos I didn't feel like looking like her.

0:31:070:31:11

INTERVIEWER: Why don't you want to look like your mum?

0:31:120:31:15

I look in the mirror and see a ghost.

0:31:160:31:19

I don't... I don't want to be a ghost.

0:31:220:31:24

I have terrors where Stacey Johnson is just chasing me and chasing me,

0:31:300:31:36

and I wake up screaming and I...

0:31:360:31:39

I just... I'm scared, and I want to know he's dead.

0:31:400:31:46

I did talk to one place in regards to your cremation.

0:32:300:32:33

uh, we're looking at like 1,157.

0:32:330:32:37

-STACEY ON PHONE:

-Oh, man.

0:32:370:32:38

But the thing is, they want me to pay that up front.

0:32:400:32:43

I mean, I would be able to do that but that would kind of wipe me out.

0:32:440:32:51

OK.

0:33:090:33:10

-She's right here.

-I'm right here.

0:33:140:33:16

You're talking to me at the same time.

0:33:160:33:18

Uh, a little bit better.

0:33:220:33:24

A little, you know still stressed a little bit,

0:33:240:33:26

a little worried still but a little bit better.

0:33:260:33:29

Most definitely better than yesterday.

0:33:290:33:31

Yeah, OK.

0:33:590:34:00

Yeah. Somewhat.

0:34:240:34:25

Well, I believe I think I have an idea now.

0:34:310:34:33

Next, the son of the victim.

0:35:240:35:26

My name is Jonathan Erickson, uh...

0:35:320:35:34

It's been 23 years, 11 months and 23 days.

0:35:340:35:38

I go every day and I add another day to the calendar.

0:35:380:35:41

As far as I see it,

0:35:410:35:43

since this has happened there hasn't really been any justice served.

0:35:430:35:47

I don't understand why this needs to take so long, the evidence

0:35:480:35:52

was laid before the courts, the courts and the juries made

0:35:520:35:55

their decision, the punishment was death and I think it needs to go...

0:35:550:35:59

..go as planned.

0:35:590:36:00

Thank you very much.

0:36:000:36:02

These, ladies and gentlemen, are Stacey Johnson's

0:36:060:36:10

disciplinaries in the prison.

0:36:100:36:12

158 of them.

0:36:130:36:16

On 12-11-2016, Stacey Johnson attempted to stab

0:36:180:36:23

a Correctional Officer with a shank as that officer

0:36:230:36:27

slid his food tray through the slot in his door, and he told

0:36:270:36:32

the officer he would "F him up." He wasn't as polite as I am today.

0:36:320:36:37

On 11-25-2016, Stacey Johnson yelled out, quote,

0:36:370:36:43

"We need to put a knife in Officer Wells. I'm sick of her.

0:36:430:36:48

"I can choke the shit out of her.

0:36:480:36:51

"That bitch needs to be dead."

0:36:510:36:54

On 9-17-2016, Stacey Johnson crudely

0:36:540:37:00

and vulgarly talked to the same Officer Wells and told her that

0:37:000:37:05

if he wasn't behind this door, "I would cut off your F-ing neck".

0:37:050:37:10

Then again, he wasn't as polite as I am here today.

0:37:110:37:14

Stacey's no angel coming from where he's come from

0:38:150:38:19

and being out there in the street, you know.

0:38:190:38:22

He's done some things he's not proud of, but, you know, he's done

0:38:220:38:26

a lot in his life, but he's said that this was just not...not the one he's done.

0:38:260:38:31

Looking at the evidence and reading through his case

0:38:340:38:37

and just knowing him as a person, and, you know, what he's told me

0:38:370:38:40

about his past, you know, it's just something personally that

0:38:400:38:44

I feel inside of my gut that he didn't do it.

0:38:440:38:46

God forbid he doesn't get this clemency or a stay and he has to be executed, um...

0:38:510:38:59

It is my greatest hope

0:39:000:39:02

and wish that the drugs actually do work the way they're supposed to.

0:39:020:39:05

I don't want him to suffer at all.

0:39:050:39:07

I don't want him to suffer.

0:39:070:39:09

If he's going to die, I don't want him to suffer.

0:39:090:39:12

The IV team will first administer two syringes containing midazolam,

0:40:140:40:18

a sedative that is supposed to make the inmate unconscious.

0:40:180:40:22

Once that is determined, the second drug will be administered -

0:40:220:40:26

vecuronium bromide - a paralytic.

0:40:260:40:28

Then comes the third and final drug, two syringes

0:40:280:40:32

of potassium chloride, ultimately causing the inmate's heart to stop.

0:40:320:40:36

It is generally said that the two latter drugs would cause torture

0:40:360:40:42

unless the inmate is rendered totally unconscious by drug number one.

0:40:420:40:49

The problem is midazolam has a history of not working and has been

0:40:490:40:53

the apparent cause of several botched executions around the country.

0:40:530:41:00

It is contrary to what we would expect in a civilised society.

0:41:000:41:05

Does your car work every time you get into it?

0:41:080:41:10

Yeah, there you go. How many times do you get into that and how many years do you keep your car?

0:41:110:41:15

There are going to be times your car's not going to start,

0:41:150:41:18

there are going to be times that, uh, you just say you're deer hunting

0:41:180:41:21

and your gun does not go off.

0:41:210:41:24

Can I say 100% that every one of these executions are going to go as planned?

0:41:240:41:29

No. Things happen.

0:41:290:41:31

The world's not perfect.

0:41:310:41:34

He was moved from the Varner Supermax

0:41:490:41:51

to the Cummins Unit where the actual death chamber is.

0:41:510:41:55

Today was the very last day that we could see him

0:41:580:42:02

before the scheduled execution tomorrow, God forbid it happens.

0:42:020:42:07

Um, so...

0:42:070:42:08

We don't know if we're going to see him alive again.

0:42:110:42:14

There was a lot of hugging and tears and crying.

0:42:170:42:20

He thanked me for the wonderful years that we had together.

0:42:210:42:24

Um...

0:42:280:42:30

I'm sorry.

0:42:340:42:35

And that we was praying that, uh...

0:42:450:42:47

..we'd get the outcome that we wanted

0:42:500:42:51

as far as the Supreme Court and the DNA.

0:42:510:42:54

We're praying that the Arkansas Supreme Court would actually

0:42:550:42:59

give us that stay in order to have the DNA retested.

0:42:590:43:05

Um...

0:43:060:43:08

I have to cut this...

0:43:080:43:10

-I'm going to have to cut this, this is... Yeah.

-OK.

0:43:100:43:12

Hello.

0:43:140:43:15

Yes.

0:43:170:43:18

Oh, boy!

0:43:260:43:28

I'm sorry, my glasses. These are happy tears now.

0:43:320:43:35

Oh.

0:43:360:43:37

These are happy tears.

0:43:390:43:40

Jeff just called me, the Arkansas Supreme Court gave him the stay on the DNA.

0:43:420:43:46

Oh, Judy, Judy, Judy, did you really?

0:43:460:43:48

We got a stay!

0:43:480:43:50

OK. Thank you, thank you.

0:43:510:43:54

-I can't wait to tell him this.

-Um, I know.

-I can't wait to tell him this.

0:43:550:44:00

-RECORDING ON PHONE:

-An inmate at Cummins Unit. You may start the conversation now.

0:44:000:44:05

-Hello.

-Hey.

-Hello.

-Hello.

0:44:050:44:09

-Hello.

-Hello.

0:44:090:44:10

Yes, are you happy too?

0:44:130:44:15

-You got the news?

-You got finally got the news?

0:44:150:44:17

Oh, wow.

0:44:200:44:22

RUSTLING

0:44:350:44:36

Are you eating?

0:44:370:44:39

Yes.

0:44:400:44:41

OK.

0:44:570:44:59

There's a church around every corner.

0:45:070:45:09

Thank God for that. That's what America is missing, if we had more God in our lives,

0:45:090:45:14

we wouldn't have to worry about putting people to death.

0:45:140:45:17

Killing people is a no-no, and it's perfectly all right with God

0:45:200:45:25

if we put them to death like he says in the good book.

0:45:250:45:28

The Bible says, "Thou shall not kill".

0:45:290:45:31

So, it depends on, I guess, what Testament you're going with,

0:45:310:45:35

the Old Testament or the New Testament,

0:45:350:45:37

but either way is wrong, either way.

0:45:370:45:39

Killing somebody for killing somebody, that's...

0:45:390:45:42

That's not Christian.

0:45:420:45:44

My personal opinion about the death penalty

0:45:450:45:47

comes from my faith in Christ.

0:45:470:45:49

I think that it's something that Jesus wouldn't support, you know.

0:45:490:45:52

He's going to try and reach each and every one of us until the end.

0:45:520:45:57

The problem I find is with the idea that we would

0:45:570:46:00

cut off someone's time to know Jesus and be saved.

0:46:000:46:03

I believe that

0:46:090:46:11

regardless of what someone's done,

0:46:110:46:13

we're all better than the worst thing we've ever done.

0:46:130:46:16

And in Ledell's case, even if the state believes he's guilty,

0:46:160:46:20

you shouldn't kill him regardless.

0:46:200:46:22

It's not saying I'm agreeing that he's guilty

0:46:220:46:25

because he's always denied that he's guilty, but as his attorney,

0:46:250:46:30

the number one goal is to make sure he's not executed, because if he's

0:46:300:46:33

not executed, you've got a lot more time to try and prove his innocence.

0:46:330:46:38

All right, inmate Ledell Lee is going to wave his appearance here today.

0:46:410:46:46

So, uh, Mr Short you may proceed.

0:46:460:46:49

-All right. Thank you very much.

-You bet.

0:46:490:46:51

Erm, you now first I want to speak to the fact that he is absent.

0:46:510:46:55

I'd be remiss if I didn't comment on it.

0:46:550:46:57

I was appointed seven months ago.

0:46:570:47:00

At no time during those seven months was it

0:47:000:47:03

indicated that he would be on the next execution schedule.

0:47:030:47:07

Uh, and ultimately it was discovered that he

0:47:070:47:12

was on the execution schedule, uh, by the news.

0:47:120:47:16

Um, I was not provided a letter,

0:47:160:47:18

not provided an e-mail, a fax, any notification,

0:47:180:47:23

but I was told on February 27th

0:47:230:47:26

as everyone was, that he was set to be executed.

0:47:260:47:30

The following day I was provided notification that I had

0:47:300:47:33

until March 11th to draft him a clemency petition, OK?

0:47:330:47:37

So, we're talking approximately ten days.

0:47:370:47:40

Now, most prosecutors would find that was insufficient time to

0:47:410:47:44

prepare to have any witnesses available,

0:47:440:47:47

to have any meaningful response.

0:47:470:47:50

But somehow the man's life is at stake

0:47:500:47:52

and ten days to prepare is due process, is fairness.

0:47:520:47:58

And Ledell Lee's far from ignorant, in fact he is very intelligent,

0:47:590:48:04

and he's been going...

0:48:040:48:05

..he's been through the legal process enough to know

0:48:050:48:08

what strikes him as fair and what strikes him as not fair.

0:48:080:48:10

And there's nothing about having ten days

0:48:100:48:13

to plead for a man's life that's fair.

0:48:130:48:16

At his trial, Ledell had a lot of problems believing

0:48:180:48:21

that his attorneys had his best interest at heart.

0:48:210:48:24

One of Ledell's attorneys told him essentially, "You should take

0:48:260:48:30

"a plea deal of life in prison," implying that he's guilty.

0:48:300:48:35

And I think Ledell took exception, as anyone would in his position,

0:48:360:48:40

and wanted a new attorney put on his case.

0:48:400:48:43

The court not only disagreed that a new attorney should be put on his case,

0:48:430:48:48

his trial judge actively interfered with getting him a new attorney.

0:48:480:48:53

Based on those issues

0:48:540:48:56

and the fact that he stands by his innocence, I'm...

0:48:560:48:59

..I'm going to ask that it be commuted to a life sentence.

0:48:590:49:01

Jesus never said, "I'm going to stop trying to save you,"

0:49:030:49:07

and he never said, "This is the endgame."

0:49:070:49:10

I mean, he saved another man on the cross.

0:49:100:49:13

Today is Thursday. It's your school day forecast,

0:49:180:49:21

mostly clear right now,

0:49:210:49:23

and 64 degrees at the moment, but you know what?

0:49:230:49:25

It's going to be warming up. In fact, we'll get into those

0:49:250:49:27

80s this afternoon, mid 80s. It's going to be a warm one.

0:49:270:49:30

The first execution scheduled to be at 7 o'clock tonight.

0:49:300:49:33

As of this morning, no individual stay

0:49:330:49:35

has been granted for Ledell Lee.

0:49:350:49:38

Meanwhile, last night the Arkansas Supreme Court granted

0:49:380:49:40

a stay of execution for Stacey Johnson.

0:49:400:49:42

The additional testing in this case could prove his innocence.

0:49:420:49:45

Attorney General Leslie Rutledge said

0:49:450:49:47

she is going to appeal this to the Arkansas Supreme Court.

0:49:470:49:50

And we are firing on all cylinders at the Attorney General's office

0:49:500:49:53

and will continue to do so to ensure that these families,

0:49:530:49:56

these victims...justice again is carried out.

0:49:560:49:59

-RECORDING:

-Call from an inmate at Cummins Unit.

0:50:030:50:06

This call is subject to recording and monitoring.

0:50:060:50:09

You may start the conversation now.

0:50:090:50:11

Hello.

0:50:110:50:12

Oh, man.

0:50:120:50:13

What's wrong?

0:50:130:50:14

Uh, right now the Attorney General has filed appeals with

0:50:360:50:42

the Supreme Court on your stay, uh...

0:50:420:50:45

Jeff is responding back.

0:50:450:50:47

Uh, we are hoping that they'll come back with

0:50:490:50:51

the same decision that they gave you yesterday.

0:50:510:50:54

Hey, it's Ashley.

0:51:080:51:09

Do we head to the prison like normal?

0:51:090:51:12

OK, I'm just making sure.

0:51:130:51:15

I'll see you at 4.30.

0:51:150:51:18

Bye.

0:51:180:51:19

We are carrying on like it is a normal day,

0:51:200:51:25

and he's going to get executed.

0:51:250:51:29

We have up until midnight to fight for it.

0:51:290:51:32

He's absolutely 100% guilty.

0:51:330:51:36

There's not a doubt in my mind.

0:51:370:51:39

I know what I saw.

0:51:400:51:42

-SAT-NAV:

-In .4 miles, turn left...

0:52:050:52:08

Where the hell are we?

0:52:090:52:11

I don't know.

0:52:120:52:13

It's not going to be on this road.

0:52:130:52:15

I don't have any signal.

0:52:150:52:16

I don't either.

0:52:170:52:18

You don't have any signal here.

0:52:180:52:20

Don't yell. You're not helping us find our way out of here.

0:52:200:52:24

Mom, I need my anxiety medicine, please.

0:52:280:52:30

Where is it?

0:52:300:52:31

In Cindy's purse.

0:52:310:52:33

Yeah, Cindy's purse.

0:52:330:52:35

OK, I think I've figured out what we did.

0:52:440:52:46

I think we turned right when we should have turned left,

0:52:460:52:49

so we were going in the opposite direction.

0:52:490:52:51

We might be going the wrong way.

0:52:510:52:53

Maybe we needed to go back the other way.

0:52:530:52:55

SHE CRIES

0:52:590:53:01

Damn it, Melissa is already there!

0:53:070:53:09

Ashley, it's OK.

0:53:090:53:11

It doesn't matter if she gets there before you do or not. It's not about...

0:53:110:53:15

Well, obviously, she can follow directions.

0:53:150:53:18

-We followed directions, Ashley.

-Ashley Elizabeth.

0:53:180:53:20

I'm not going to get to where I need to be.

0:53:200:53:22

Ashley, calm down.

0:53:220:53:23

-Before I...

-Do I need to take you back home?

0:53:230:53:26

This is a...

0:53:260:53:28

Stop! You need to take a deep breath and calm down.

0:53:280:53:32

As far as I'm aware from the news that I've read on my phone,

0:54:050:54:08

that, uh, currently all executions are a go.

0:54:080:54:10

It's almost like they're not willing to look at

0:54:190:54:22

if this person is actually innocent or guilty.

0:54:220:54:25

They just want some type of blood spilled,

0:54:250:54:28

and want to call it justice.

0:54:280:54:30

MOBILE VIBRATES

0:54:300:54:31

-It's Jeff.

-Oh, it's Jeff.

0:54:310:54:34

Hello?

0:54:360:54:37

Yes.

0:54:370:54:39

OK. We've still got it?

0:54:410:54:43

We still have the stay.

0:54:430:54:45

So, we got it, she can't go any further?

0:54:450:54:47

OK.

0:54:510:54:52

-OK.

-OK?

0:54:540:54:56

-Oh, thank you, thank you, thank you.

-OK.

0:54:560:54:58

Oh.

0:55:000:55:01

Oh, Jesus.

0:55:020:55:04

So this is it, it goes no further.

0:55:040:55:06

This is it.

0:55:060:55:07

Whoo!

0:55:080:55:09

Stacey Johnson has a stay of execution that has not been

0:55:120:55:16

lifted and from what it appears, it's going to stay that way.

0:55:160:55:19

So, there will be one execution tonight. Unless things change,

0:55:190:55:24

you can expect Ledell Lee to be put to death.

0:55:240:55:27

Everything's a go, folks at the prison are telling me

0:55:270:55:30

that everything is in place,

0:55:300:55:31

and they are set to execute Ledell Lee at seven o'clock tonight.

0:55:310:55:36

We have received notice that the 8th Circuit Court of Appeals has

0:55:390:55:43

issued a temporary stay on Ledell Lee's execution until 8.15pm.

0:55:430:55:49

This is right now why, um, Ledell Lee is alive.

0:56:030:56:08

It's a temp,

0:56:080:56:09

it's a stay from the Supreme Court of the United States.

0:56:090:56:12

He has roughly six cases we believe pending...

0:56:120:56:15

-Right.

-...at this point, and that is really it.

0:56:150:56:18

That is the last place that you can take your case...

0:56:180:56:21

I'm Brandy Davis, the cousin of Ledell Lee Davis, I'm here to

0:56:250:56:29

protest against the execution.

0:56:290:56:30

I want him to stay alive tonight.

0:56:300:56:32

It's wrong, it's wrong,

0:56:320:56:35

and we have to answer to somebody for doing this to them.

0:56:350:56:38

I call them legal murderers, you're taking someone's life

0:56:410:56:44

and I just believe that thou shall not kill,

0:56:440:56:48

and that one day they're going to face another judge and they're

0:56:480:56:52

going to be held accountable for the killing that they've done.

0:56:520:56:56

This is giving me a good taste of what I'm in for Monday night with my brother.

0:57:070:57:11

I'm Jack Jones' sister, so he's set to be executed, uh,

0:57:180:57:21

Monday night, um, with Marcel Williams.

0:57:210:57:25

So, um, I'm out here, I wasn't intending to come out here tonight.

0:57:250:57:29

I had a visit with Jack today and decided to stay here

0:57:290:57:32

and support people that I can totally relate with. So, I'm here to show my support,

0:57:320:57:36

um, to Ledell's family, I'm here to support Stacey's wife

0:57:360:57:40

and daughter just to show people everywhere that there's

0:57:400:57:44

someone that's getting ready to face the same thing that's going on tonight, on Monday,

0:57:440:57:48

um, what we go through out here.

0:57:480:57:50

May I have your attention, please?

0:58:000:58:03

All right.

0:58:070:58:08

The information that I have at this point indicates that the

0:58:110:58:14

stay has been lifted by the Supreme Court.

0:58:140:58:17

Uh, so, uh, we will begin the process of carrying out

0:58:170:58:21

the sentence of Ledell Lee.

0:58:210:58:23

Uh, once that sentence is carried out I will be notified,

0:58:230:58:27

and I will come back to the podium and notify the pool accordingly.

0:58:270:58:30

What we know about the injection protocol, there are two vials first of the midazolam

0:58:470:58:53

and then if he's unconscious they will move to the next step.

0:58:530:58:57

There is a lot of attention now on how well

0:58:570:59:00

and effective it works, and how long it takes.

0:59:000:59:03

In a couple of those disturbing botched executions, it took hours.

0:59:030:59:08

The hope for all involved is that

0:59:080:59:12

it certainly doesn't take that long once the process begins.

0:59:120:59:15

At 11.21pm, the condemned arrives in the execution chamber.

1:00:091:00:14

BELL TOLLS

1:00:151:00:17

The condemned is restrained.

1:00:171:00:19

At 11.27pm...

1:00:211:00:23

..the intravenous catheters are inserted.

1:00:251:00:28

BELL TOLLS

1:00:281:00:30

At 11.39pm, the witnesses enter the viewing room.

1:00:321:00:36

BELL TOLLS

1:00:361:00:37

At 11.44pm, the curtains to the viewing room are opened.

1:00:411:00:46

BELL TOLLS

1:00:461:00:47

BELL TOLLS

1:00:531:00:54

The director asks the condemned inmate for his final words.

1:00:541:00:58

No final words are spoken.

1:01:021:01:04

BELL TOLLS

1:01:041:01:05

At 11.45pm, the chemicals are administered.

1:01:071:01:11

BELL TOLLS

1:01:171:01:18

At 11.56pm, the coroner pronounces death.

1:01:291:01:33

PHONE RINGS

1:01:461:01:48

Everybody ready?

1:02:101:02:11

A lethal injection was administered at 11.44pm

1:02:151:02:18

and the coroner pronounced Ledell Lee

1:02:181:02:21

dead at 11.56pm this 20th day of April,

1:02:211:02:26

carrying out the sentence of the Circuit Court of Pulaski County, Arkansas,

1:02:261:02:30

entered on October 16th, 1995.

1:02:301:02:34

His eyes closed over a process of about two or three minutes.

1:02:581:03:02

You could...

1:03:021:03:04

They dropped and then became closed and they did not open again at any point other than when the...

1:03:041:03:09

..they were opened by the coroner doing the check.

1:03:091:03:12

Do you believe he experienced any

1:03:121:03:14

undue pain or suffering in this process?

1:03:141:03:17

Not from what I could see.

1:03:171:03:19

I'd have to agree with that statement as well.

1:03:201:03:23

It seems like he lost consciousness pretty quick

1:03:261:03:28

and then shortly after that, uh,

1:03:281:03:30

the other drugs were administered and then death soon followed.

1:03:301:03:34

A lot of issues about the drug midazolam.

1:03:341:03:37

No problems with it tonight, that's for sure.

1:03:371:03:40

Ledell Lee was executed, the first execution in Arkansas in 12 years.

1:03:401:03:44

That's pretty unprofessional right there.

1:03:551:03:57

Just laughing and high fiving.

1:03:591:04:00

It's crazy. Joking around, punching each other.

1:04:021:04:06

The ADC staff carried out their responsibilities extremely well, uh,

1:04:531:04:58

and more importantly tonight, the family of Debra Reece, uh, who was

1:04:581:05:04

taken from them back in 1993, will go to sleep with

1:05:041:05:08

the justice, uh, they

1:05:081:05:11

were seeking, and, uh, the closure that they've been looking for.

1:05:111:05:15

That's all I have.

1:05:161:05:18

One of the last things I said to Ledell,

1:05:341:05:36

you know when I was kind of choked up was that I was...

1:05:361:05:39

..I was sorry I couldn't do more because the truth is, you know,

1:05:391:05:43

there's always more I could have done.

1:05:431:05:45

I could have taken fewer cases, uh, outside of his case

1:05:451:05:49

and worked more on his case and maybe the outcome would be

1:05:491:05:52

different, and those thoughts are going to stay with me forever.

1:05:521:05:56

Ledell Lee made this conscious decision to be evil.

1:05:591:06:03

There's no excuse for that,

1:06:031:06:05

because there have to be some bright lines in our society where we

1:06:051:06:09

hold people personally responsible and accountable.

1:06:091:06:12

And that's what the death penalty did in this case with Ledell Lee.

1:06:121:06:16

You feel kind of bad, cos we got the stay, nothing happened to

1:06:201:06:24

Stacey, but yet at the same time, there's sadness because Ledell

1:06:241:06:29

lost his life, and it could have been us, it could have been us.

1:06:291:06:33

I honestly don't know what to think right now, you know,

1:06:351:06:38

I'm just looking at everything and I'm just saying to myself,

1:06:381:06:42

you know, just get rid of the death penalty, period.

1:06:421:06:45

You know, I believe in justice but, uh,

1:06:451:06:47

I don't believe death is justice.

1:06:471:06:49

I didn't realise it for a second and then they said that he got a stay again, and then, uh...

1:07:011:07:09

..my mind immediately went black.

1:07:101:07:11

It was devastating.

1:07:151:07:18

I drove straight up to the cemetery

1:07:181:07:20

and there's an oak tree that they buried my mother next to.

1:07:201:07:24

I spent about an hour and a half in the dark.

1:07:261:07:28

I needed to say something, even though nothing can really be said.

1:07:291:07:34

I thought that I'd failed her.

1:07:431:07:45

The pictures show her on the passenger side of her vehicle,

1:08:121:08:16

and a black male driver of the vehicle.

1:08:161:08:21

I'm so sorry.

1:08:241:08:25

I am going to be present when the state murders my brother.

1:08:301:08:36

This was one of the worst crimes I ever worked, uh,

1:08:381:08:42

because of the young girl involved.

1:08:421:08:44

Lacey said to him, "Please don't hurt my mamma," and Jack told her,

1:08:441:08:51

"I'm not going to hurt your mamma, I'm here to hurt you."

1:08:511:08:55

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