David Dow - The Autobiography of an Execution

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Near the beginning of
, David Dow lays his cards on the table. “People think that because I am against the death penalty and don’t think people should be executed, that I forgive those people for what they did. Well, it isn’t my place to forgive people, and if it were, I probably wouldn’t. I’m a judgmental and not very forgiving guy. Just ask my wife.”
It this spellbinding true crime narrative, Dow takes us inside of prisons, inside the complicated minds of judges, inside execution-administration chambers, into the lives of death row inmates (some shown to be innocent, others not) and even into his own home—where the toll of working on these gnarled and difficult cases is perhaps inevitably paid. He sheds insight onto unexpected phenomena—how even religious lawyer and justices can evince deep rooted support for putting criminals to death—and makes palpable the suspense that clings to every word and action when human lives hang in the balance.
In an argument against capital punishment, Dow’s capable memoir partially gathers its steam from the emotional toll on all parties involved, especially the overworked legal aid lawyers and their desperate clients. The author, the litigation director of the Texas Defender Service and a professor at the University of Houston Law Center, respects the notion of attorney-client privilege in this handful of real-life legal outcomes, some of them quite tragic, while acknowledging executions are not about the attorneys, but about the victims of murder and sometimes their killers. While trying to maintain a proper balance in his marriage to Katya, a fellow attorney and ballroom dancer, he spells out the maze of legal mumbo-jumbo to get his clients stays or released from confinement in the cases of a hapless Vietnam vet who shot a child, another man who beat his pregnant wife to death and another who killed his wife and children. In the end, Dow’s book is a sobering, gripping and candid look into the death penalty. From Publishers Weekly
Review “I have read much about capital punishment, but David Dow’s book leaves all else behind.”
Anthony Lewis “In an argument against capital punishment, Dow’s capable memoir partially gathers its steam from the emotional toll on all parties involved, especially the overworked legal aid lawyers and their desperate clients. The author, the litigation director of the Texas Defender Service and a professor at the University of Houston Law Center, respects the notion of attorney-client privilege in this handful of real-life legal outcomes, some of them quite tragic, while acknowledging executions are ‘not about the attorneys,’ but ‘about the victims of murder and sometimes their killers.’ While trying to maintain a proper balance in his marriage to Katya, a fellow attorney and ballroom dancer, he spells out the maze of legal mumbo-jumbo to get his clients stays or released from confinement in the cases of a hapless Vietnam vet who shot a child, another man who beat his pregnant wife to death and another who killed his wife and children. In the end,
.”
Publishers Weekly “For a lot of good reasons, and some that are not so good, executions in the U.S. are carried out in private. The voters, the vast majority of whom support executions, are not allowed to see them. The Autobiography of an Execution is a riveting and compelling account of a Texas execution written and narrated by a lawyer in the thick of the last minute chaos. It should be read by all those who support state sponsored killing.”
John Grisham, author of
“Defending the innocent is easy. David Dow fights for the questionable. He is tormented, but relentless, and takes us inside his struggle with candor and insight, shudders and all.”
Dave Cullen, author of
“David Dow’s extraordinary memoir lifts the veil on the real world of representing defendants on death row. It will stay with me a long time.”
Jeffrey Toobin, author of

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My interior rant apparently amused me. I smirked. Green said, What’s funny? I shook my head.

He said, So let’s get to it. My wife is waiting. I took a pad out of my briefcase and licked the eraser on my pencil. But I didn’t write anything down. There was no way I could forget what Green told me.

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HE SAID, HENRY QUAKER didn’t kill no one. I asked him how he knew that. He said, I told that girl who works for you that Ruben did it. I just didn’t exactly tell her how I know it. I know he killed that family, ’cause I paid him to.

Green was not the first person to tell me he had gotten away with murder. I’ve had several clients over the years who, as their executions became imminent, made all sorts of exaggerated claims. Billy Vickers went to his death taking credit for at least a dozen murders. Henry Lee Lucas claimed hundreds. The inaptly named Angel Resendiz, known to law-enforcement officials as the railway killer, rode the train from Kentucky to Texas to California and back again, killing as many as fifteen people, he said. Were these inmates clearing their consciences or trying to be memorable? My vote was for option two. I said nothing. Green said, What? You don’t believe me? Go talk to Cantu. Tell him you know about the gun he left there.

He bit off a fingernail and said to me, Bring any change today, counselor?

Shit, I forgot again.

He spit the nail into his palm and looked at it. I said, You shouldn’t have told Destiny that I’m your lawyer. I can’t be your lawyer. There’s a conflict of interest.

He nodded, put the nail back on his tongue and moved it around in his mouth. He looked over my shoulder and nodded his head toward my left. I turned around, but there was nobody there. When I looked back at him, he was grinning.

He said, They taping this conversation? I told him they weren’t supposed to listen in on lawyers, but that they might be doing it anyway. He said, Uh-huh. I waited for him to go on. I wanted to look at my watch, but fought it off, like not scratching an itch.

I thought to myself, He could be playing with me. If he is, I want to say nothing and seem uninterested. Then I thought, Or he could be telling the truth. If he is, I need to say nothing and figure out what to ask him. So I sat there, head swimming, saying nothing.

He said, Cantu is a dumb fuck. He killed the wrong person.

His story was not incredible. I’m not saying I believed him. I’m just saying he had hooked me. According to Green, Cantu sold drugs for him and occasionally threatened people who owed Green money. Green said that Cantu had claimed to have killed two dealers who stole from him, but Green did not know their names or whether it was true. He said that a woman named Tricia Cummings had been selling Ecstasy for him in a mixed neighborhood of blacks and Chicanos. She had been stealing from him. He didn’t say how he knew that, and I didn’t ask. He paused, like the rest would be obvious to me. I said, And?

He said, So I paid Cantu to kill her.

Cantu killed the wrong person. Green realized it as soon as Cantu told him that he also had to kill two kids because they saw him after he had killed the woman. Green didn’t think Cummings had any kids and he knew she lived alone. He said he’d been to her house and slept with her, though he didn’t say it quite like that.

If Green was telling the truth, Dorris Quaker died because she lived exactly two blocks east of someone who had been stealing from Green, and her kids had died because they were there, too.

His story made just enough sense for me to believe it. He said, You don’t have to believe me. Ain’t you the big DNA expert? I bet Cantu’s DNA was all over the place.

I tried to think what evidence police had recovered that might have Cantu’s DNA on it. The police report said that Dorris had been lying down or asleep when she was shot. There was no evidence she had struggled with anyone. So Cantu’s skin wouldn’t be under her fingernails. And unless Cantu had been injured, he wouldn’t have left any blood. I doubted he pulled a beer out of the fridge when he was done, so I didn’t expect to find his saliva on a beer bottle. Green said, Plus, Cantu’s a talker. He probably told his old lady that he did it. I asked Green the name of Cantu’s girlfriend. He said, I don’t know, man. I don’t even know if he has a girl. I’m just saying that if he does, he probably told her.

This conversation was becoming worthless to me. Then Green said, He left a gun there, like he was gonna trick the cops into thinking the bitch killed herself. Dumb fuck didn’t leave the gun he used ’cause he said it was a good-luck charm. Left a piece he said was cold. What a dumb fuckin’ Mexican.

I could feel myself losing the battle to beat back my need to believe him. I modified my goal. Instead of aspiring to nonchalance, I’d settle for exterior serenity. I said, And why are you telling me this now?

His face flexed and his lips made an O , like a fish in a tank breathing at the surface. I thought to myself, Be still. I was aiming for blankness. I didn’t want Green to know what I was thinking before I knew myself. He said, What? You don’t believe me?

I said, Thanks for the help, Green. I’ll look into it.

He said, It’s ’cause I like Quaker. He’s next door to my house. I hear him reading words in there I don’t understand, like it ain’t even English. He might be going loco. His eye twitched into what I’m pretty sure was an involuntary wink. He said, You need me to sign something? I’ll sign it.

I told him I’d talk to his lawyer and get back to him. He said, Come on, man. You know I ain’t got that kind of time. I want you as my lawyer. My court-appointed lawyer’s a piece of shit. His face changed and he suddenly looked angry. He said, Fuck this, man. He looked over my shoulder. I turned around. Destiny had gone. He said, Tell the guard I’m ready to go back to my house. I told him that I would. He said, And don’t forget money next time.

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WHEN I WAS in third grade, I stayed in the classroom to finish the book I was reading while everyone else lined up to go to the bathroom. Twenty minutes later, I had to go. I asked Mrs. Pittman for permission, and she told me I should have gone when the rest of the class did. I told her it was an emergency. She said that maybe next time I would not insist on playing by my own rules. I sat down at my desk and relieved myself through my pants. Half an hour later, the principal came in to check on our class. She walked around the room, looking over our shoulders at whatever we were working on. She got to my desk, paused, and then went and whispered something to Mrs. Pittman. Mrs. Pittman grabbed me roughly by my elbow, and practically carried me to an empty desk next to Tommy Petite. He asked why I was there, and I told him there was something the matter with my chair. I looked back at my desk. There was a puddle of yellow under my seat.

That night after dinner I told my dad what had happened. He said, Sometimes it can be easy to confuse relief with revenge. Do you understand what I mean?

No, I don’t think so.

He said, You need to make sure before you do anything that you can live with the consequences.

I said, I get it.

Green stood up to wait for the guards. I saw a stain of wetness around his crotch. I shook my head. I was looking forward to telling Kassie.

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IGOT UP TO STRETCH my legs and clear my head while the guards took Green out and brought Quaker in. The door to the unisex bathroom swung open and Destiny walked out. She waved to Green as the guards were taking him away, then walked over to me, suddenly friendly. She said, Do you think Zeke will get his stay?

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