at a remote prison in the middle of the state before arguing his case in an appellate court there, while also actively trying to win relief for Trina Garnett in Pennsylvania and Ian Manuel in Florida. I had visited Ian and Joe Sullivan in a Florida prison, and both of them were struggling. Prison officials weren’t allowing Joe to have regular access to his wheelchair, and he had fallen repeatedly and injured himself. Ian was still in isolation. Trina’s medical condition was worsening.
I was having an increasingly difficult time managing it all. At the same time, Walter’s authorized length of stay at the Montgomery facility was up, so we frantically made arrangements for him to move back home, where his sister would do the best she could to take care of him. It was a worrisome situation for him and his family, for all of us.
By the time Jimmy Dill was scheduled for execution in Alabama, the entire EJI staff was exhausted. The execution date couldn’t have come at a more difficult time. We had no prior involvement in Mr. Dill’s case, which meant getting up to speed in the thirty days before his scheduled execution. It was an unusual crime. Mr. Dill was accused of shooting someone during the course of a drug deal after an argument erupted. The shooting victim did not die; Mr. Dill was arrested and charged with aggravated assault. He was in jail for nine months awaiting trial while the victim was released from the hospital and was recovering fine. But after several months of caring for him at home, the victim’s wife apparently abandoned him and he became gravely ill. When he died, state prosecutors changed the charges against Mr. Dill from assault to capital murder.
Jimmy Dill suffered from an intellectual disability and had been sexually and physically abused throughout his childhood. He struggled with drug addiction until his arrest. He was appointed counsel who did very little to prepare the case for trial. Almost no investigation was done into the poor medical care the victim had received, care that constituted the actual cause of death. The state made a plea offer of twenty years, but it was never adequately communicated to Mr. Dill, so he went to trial, was convicted, and was sentenced to death. The appellate courts affirmed his conviction and sentence. He couldn’t find volunteer counsel for his postconviction appeals, so most of his legal claims were procedurally barred because he had missed the filing deadlines.
When we first looked at Mr. Dill’s case a few weeks before his scheduled execution, no court had reviewed critical issues about the reliability of his conviction and sentence. Capital murder requires an intent to kill, and there was a persuasive argument that there was no intent to kill in this case and that poor health care had caused the victim’s death. Most gunshot victims don’t die after nine months, and it was surprising that the state was seeking the death penalty in this case. And the U.S. Supreme Court had previously banned the execution of people with mental retardation, so Mr. Dill should have been shielded from the death penalty because of his intellectual disability, but no one had investigated or presented evidence in support of the claim.
Along with his other challenges, Mr. Dill had enormous difficulty speaking. He had a speech impediment that caused him to stutter badly. When he became excited or agitated, it got worse. Because he had not previously had a lawyer who would see him or speak to him, Mr. Dill saw our intervention as something of a miracle. I sent my young lawyers to meet with him regularly after we got involved, and Mr. Dill called me frequently.
We tried frantically to get the Courts to issue a stay based on the new issues we’d uncovered, to no avail. Courts are deeply resistant to reviewing claims once a condemned prisoner has completed the appeals process the first time. Even the claim of mental retardation was thwarted because no court would grant a hearing at such a late stage. Although I knew the odds were against us, Mr. Dill’s severe disabilities had made me privately hopeful that maybe a judge would be concerned and at least let us present additional evidence. But every court told us, “Too late.”
On the day of the scheduled execution, I once again found myself talking to a man who was about to be strapped down and killed. I had asked Mr. Dill to call throughout the