Just Mercy - Bryan Stevenson Page 0,148

of “mental illness,” which encompasses serious mental illness as well as other forms of mental illness. E. Fuller Torrey, Aaron D. Kennard, Don Eslinger, Richard Lamb, and James Pavle, “More Mentally Ill Persons Are in Jails and Prisons Than Hospitals: A Survey of the States,” Treatment Advocacy Center (May 2010), available at ​treat​mentadvocacy​center.​org/storage/​documents/​final_jails_v_​hospitals_study.​pdf, accessed July 2, 2013.

4 In fact, there are more than three … Torrey et al., “More Mentally Ill Persons,” 1.

5 They began squabbling with each other … The dispute is discussed in George’s subsequent appeals. Daniel v. State, 459 So. 2d 944 (Ala. Crim. App. 1984); Daniel v. Thigpen, 742 F. Supp. 1535 (M.D. Ala. 1990).

6 George was convicted … Daniel v. State, 459 So. 2d 944 (Ala. Crim. App. 1984).

7 We eventually won a favorable ruling … Daniel v. Thigpen, 742 F. Supp. 1535 (M.D. Ala. 1990).

8 Confederate Memorial Day was declared a state holiday … Confederate Memorial Day was first celebrated in Alabama in 1901. See The World Almanac and Encyclopedia 1901 (New York: Press Publishing Co., 1901), 29; “Confederate Memorial Day,” Encyclopedia of Alabama, available at ​encyclopediaofalabama.​org/​face/​Article.​jsp?​id=h-​1663, accessed April 28, 2014. The holiday remains in the state code today. Ala. Code § 1-3-8.

9 When black veterans returned … The 1948 platform of the Dixiecrat party stated, in part: “We stand for the segregation of the races and the racial integrity of each race; the constitutional right to choose one’s associates; to accept private employment without governmental interference, and to earn one’s living in any lawful way. We oppose the elimination of segregation, the repeal of miscegenation statutes, the control of private employment by Federal bureaucrats called for by the misnamed civil rights program.” “Platform of the States Rights Democratic Party, August 14, 1948,” The American Presidency Project, available at ​presidency.​ucsb.edu/​ws/​index.​php?​pid=​25851#​axzz1iGn93BZz, accessed April 28, 2014.

10 In fact, it was in the 1950s … Alabama, Georgia, and South Carolina all began to fly the Confederate battle flag in symbolic opposition to the Brown decision. James Forman Jr., “Driving Dixie Down: Removing the Confederate Flag from Southern State Capitols,” Yale Law Journal 101 (1991): 505.

CHAPTER ELEVEN: I’LL FLY AWAY

1 In a landmark ruling, New York Times v. Sullivan … New York Times Co. v. Sullivan, 376 U.S. 254 (1964).

2 When he was first arrested … Several local newspapers highlighted the sodomy charge. Mary Lett, “McMillian Is Charged with Sodomy,” Monroe Journal (June 18, 1987); “Myers Files Sodomy Charges Against McMillan [sic],” Evergreen Courant (June 18, 1987); Bob Forbish, “Accused Murderer Files Sodomy Charges Against His Accomplice,” Brewton Standard (June 13–14, 1987).

3 “Those entering the courtroom”… Dianne Shaw, “McMillian Sentenced to Death,” Monroe Journal (September 22, 1988).

4 Despite all of the evidence … On the same day it published an article on the ongoing hearings in the McMillian case, the Mobile Press Register reminded readers in another article that Walter McMillian had been arrested and charged with the Pittman murder. Connie Baggett, “Ronda Wasn’t Only Girl Killed,” Mobile Press Register (July 5, 1992). A Monroe Journal article about the McMillian proceedings also mentioned Walter McMillian’s indictment in the Pittman murder. Marilyn Handley, “Tape About Murder Played at Hearing for the First Time,” Monroe Journal (April 23, 1992).

5 “Convicted Slayer Wanted in East Brewton”…“Convicted Slayer Wanted in EB Student Murder,” Brewton Standard (August 22, 1988).

6 “Myers and McMillian were part”… Connie Baggett, “Infamous Murder Leaves Questions,” Mobile Press Register (July 5, 1992).

7 “Too many of these [out-of-town] writers”… Editorial, “ ‘60 Minutes’ Comes to Town,” Monroe Journal (June 25, 1992).

8 The Journal added that Chapman offered … Marilyn Handley, “CBS Examines Murder Case,” Monroe Journal (July 8, 1992).

9 The local writers complained … Connie Baggett, “DA: TV Account of McMillian’s Conviction a ‘Disgrace,’ ” Mobile Press Register (November 24, 1992).

10 The attorney general’s motion … Motion from State to Hold Case in Abeyance, McMillian v. State, 616 So. 2d 933 (Ala. Crim. App. 1993), filed February 3, 1993.

11 But Havel had said that these … Václav Havel, “Never Hope Against Hope,” Esquire (October 1993), 68.

CHAPTER TWELVE: MOTHER, MOTHER

1 Cook, who worked at the elementary school … State v. Colbey, 2007 WL 7268919 (Ala. Cir. Ct. 2007) (No. 2005-538), 824.

2 Enstice had a history of prematurely … State v. Colbey, 2007, 1576.

3 The pathologist subsequently performed an autopsy … State v. Colbey, 2007, 1511–21.

4 She not only concluded … State v. Colbey, 2007, 1584.

5 In fact, nationwide, most women …“Case Summaries for Current Female Death Row Inmates.” Death Penalty Information Center, available at ​deathpenaltyinfo.​org/​case-​summaries-​current-​female-​death-​row-​inmates, accessed August 13, 2013.

6 She testified

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