David Dow: The Autobiography of an Execution

I said, That is true, but it doesn’t matter. Most of the judges don’t really believe that you’re going to suffer when you’re executed, and even if they did, they probably wouldn’t care, and even if they cared, they couldn’t do anything about it. He nodded. I said, We can file a suit for you, but you will not win. If you want me to file it, though, I will. I just want you to know what’s going to happen. I’ll file it and we will lose.

I paused to let him ask a question. He didn’t, so I continued, Not only will you not win, but besides that, you probably won’t know for sure that you have lost until twenty minutes before the execution. That’s when the Supreme Court clerk will call me. They like to wait as long as they can so that we don’t have any time to file anything else. They’ll call me and then I’ll call you. Are you following me? He nodded. I said, What I’m telling you is that I think you are going to lose, and that after I call to tell you that we have lost, you’re not going to have much time to prepare. Knowing all that, do you still want me to file it?

I knew as I was talking that I sounded almost cruel. That’s not what I was aiming for. I was trying to sound completely without hope. I needed him to be hopeless. I didn’t want him to be thinking he was going to win up until the time I called him. I didn’t want there to be even the faintest glimmer of hope. I don’t mind admitting that I know exactly whose interests I had at heart. I’ve called people who still had hope. It’s easier to tell someone who is prepared to die that he is about to die. Winston said, That will be tough on Marie.

Who’s Marie?

My wife. We got married last year. You didn’t know that? I told him I didn’t. She’s sweet, from Louisiana. I nodded. Winston drummed his fingers against the glass that separated us. The Randy Newman song “Marie” started playing in my head: You looked like a princess the night we met . I listened, lost, while Winston thought. Finally he said, Yeah, go on ahead. You’re the first dude that’s been straight with me. Everybody’s always sugarcoating everything. I’m tired, man, tired of being lied to. Do what you can do.

I told him I would and asked if he had any questions. He said, Yeah I do. Do you have any good news for me? He smiled.

I said, I’m seeing a guy named Ezekiel Green when I finish talking to you. Do you know him?

Winston said, Bald-headed skinny dude with a tattoo on his face?

I said, I don’t know. I’ve never seen him.

He said, I think that’s the guy. Something ain’t right with him. They gassed him once and he didn’t cough or choke or nothing. Just laughed. Talks to himself a lot. Dude showers with his boots on.

I said, Thanks. I’ll send you what we file. I probably won’t see you again. Take care, though, and I’ll talk to you. He touched his hand to the glass between us. I touched it back.

MURDER IS PERHAPS the ugliest crime, which is why it is so shocking that most murderers are so ordinary in appearance. Average height, average weight, average everything. Even after all these years, some part of me expects people who commit monstrous deeds to look like monsters. I meet them, and they look like me.

I stare at their eyes or their hands and try to picture them doing the terrible deed. At the time, this was how I imagined it happened: She was sleeping on the sofa when she felt the gun barrel pressed against her temple. She would have thought it was one of the kids horsing around, except for the hiss of shhhh , followed by, Open your eyes, bitch. She did. Did she think she was dreaming? The gun looked like the one she took to the target range, and she wondered for a moment whether it was. That was the last thought she had. The killer fired one shot, killing her instantly.

He chose the small-caliber gun because it did not make a lot of noise. It would not disturb the neighbors, but it did get the attention of one of the children, who had been playing in another room. The killer looked up and saw him there. There weren’t supposed to be any children. The boy looked to be around twelve, old enough to remember what he’d seen. The boy ran back into the bedroom. The killer walked toward the boy’s retreat, blood dripping from the gun. The boy was on the floor, under the bed, cradling his little sister. The killer pressed the gun against the boy’s chest, and fired one time. The little girl screamed. He pointed the gun at her heart and pulled the trigger again, and she was quiet.

On the day I met with Winston, I did not have time to meet with my client Henry Quaker, who had been sentenced to death for committing the triple murder. But his case was why I was at the prison. Ezekiel Green had written me a letter, saying he had important information that would prove Quaker was innocent. There are some letters I don’t ignore.

GREEN WAS WAITING for me in the booth. He had an elaborate E tattooed on his right cheek and a G on his left. I introduced myself and addressed him as Green. He said, That’s not my name no more. I changed it. I’m Shaka Ali. He paused and looked back over his shoulder, checking to make sure the guard was not standing behind him. He asked, Did you get my letter?

I told him that’s why I was there.

He said, I know all about you. I read your book.

You don’t hear much about people like Green from people like me. Most abolitionists like to focus on innocence. I see their point. They think as soon as we use DNA to prove with certainty that an innocent man has been executed—and that day will surely come—even the sheriffs and prosecutors down here in Texas will choose life.

But the book of mine Green said he read argued that even the guilty should be spared. I used to support the death penalty. I changed my mind when I learned how lawless the system is. If you have reservations about supporting a racist, classist, unprincipled regime, a regime where white skin is valued far more highly than dark, where prosecutors hide evidence and policemen routinely lie, where judges decide what justice requires by consulting the most recent Gallup poll, where rich people sometimes get away with murder and never end up on death row, then the death-penalty system we have here in America will embarrass you to no end.

Sometimes I think I became a lawyer because I believe rules matter, but I suppose I could have the cause and effect reversed. Either way, I said in that book that the abolitionists’ single-minded focus on innocence makes them seem as indifferent to principle as the vigilantes are. I might have gone too far. One abolitionist group invited me to give a talk at their annual conference, then disinvited me after the head of their board realized who I was.

I don’t know whether Green had really read my book, but if he had, I bet he would have liked it. It’s about people like him: murderers who did exactly what the prosecutors said they did.

He said, You’re an activist just like me. Did you know my old man helped organize factory workers?

I raised my eyebrows, trying to look impatient, which I was. I said, No, I didn’t know that. I looked at my watch.

He said, I’m going to organize the guys in here. We can’t stay locked up all day long, man. They treat us like animals. It’s harassment. Captain wrote me up the other day for saying fuck . I got a right to free speech, man. I can say what I want. I been talkin’ to the ACLU people about suing. They sued about the conditions in Mississippi and Oklahoma. Did you know that?