involvement in a high-profile murder that he actually had nothing to do with was probably not smart.
A few days before the capital murder charges against McMillian were made public, Myers summoned police investigators and told them his allegations against McMillian weren’t true. At this point, Tate and his investigators had little interest in Myers’s recantation. Instead, they decided to pressure Myers to produce more incriminating details. When Myers protested that he didn’t have more incriminating details because, well, the story wasn’t true, the investigators weren’t having it. It’s not clear who decided to put both Myers and McMillian on death row before trial to create additional pressure, but it was a nearly unprecedented maneuver that proved very effective.
It is illegal to subject pretrial detainees like Walter and Myers to confinement that constitutes punishment. Pretrial detainees are generally housed in local jails, where they enjoy more privileges and more latitude than convicted criminals who are sent to prison. Putting someone who has not yet been tried in a prison reserved for convicted felons is almost never done. As is putting someone not yet convicted of a crime on death row. Even the other death row prisoners were shocked. Death row is the most restrictive punitive confinement permitted. Prisoners are locked in a small cell by themselves for twenty-three hours a day. Condemned inmates have limited opportunity for exercise or visitation and are held in disturbingly close proximity to the electric chair.
Sheriff Tate drove Walter to Holman Correctional Facility, a short ride away in Atmore, Alabama. Before the trip, the sheriff again threatened Walter with racial slurs and terrifying plans. It’s unclear how Tate was able to persuade Holman’s warden to house two pretrial detainees on death row, although Tate knew people at the prison from his days as a probation officer. The transfer of Myers and McMillian from the county jail to death row took place on August 1, 1987, less than a month before the scheduled execution of Wayne Ritter.
When Walter McMillian arrived on Alabama’s death row—just ten years after the modern death penalty was reinstituted—an entire community of condemned men awaited him. Most of the hundred or so death row prisoners who had been sentenced to execution in Alabama since capital punishment was restored in 1975 were black, although to Walter’s surprise nearly 40 percent of them were white. Everyone was poor, and everyone asked him why he was there.
Condemned prisoners on Alabama’s death row unit are housed in windowless concrete buildings that are notoriously hot and uncomfortable. Each death row inmate was placed in a five-by-eight-foot cell with a metal door, a commode, and a steel bunk. The temperatures in August consistently reached over 100 degrees for days and sometimes weeks at a time. Incarcerated men would trap rats, poisonous spiders, and snakes they found inside the prison to pass the time and to keep safe. Isolated and remote, most prisoners got few visits and even fewer privileges.
Existence at Holman centered on Alabama’s electric chair. The large wooden chair was built in the 1930s, and inmates had painted it yellow before attaching its leather straps and electrodes. They called it “Yellow Mama.” The executions at Holman resumed just a few years before Walter arrived. John Evans and Arthur Jones had recently been electrocuted in Holman’s execution chamber. Russ Canan, an attorney with the Southern Prisoners Defense Committee in Atlanta, had volunteered to represent Evans. Evans filmed what became an after-school special for kids where he shared the story of his life with schoolchildren and urged them to avoid the mistakes he had made.
After courts refused to block the Evans execution following multiple appeals, Canan went to the prison to witness the execution at Evans’s request. It was worse than Russ could have ever imagined. He later filed a much-reviewed affidavit describing the entire horrific process:
At 8:30 P.M. the first jolt of 1,900 volts of electricity passed through Mr. Evans’s body. It lasted thirty seconds. Sparks and flames erupted from the electrode tied to Mr. Evans’s left leg. His body slammed against the straps holding him in the electric chair and his fist clenched permanently. The electrode apparently burst from the strap holding it in place. A large puff of greyish smoke and sparks poured out from under the hood that covered Mr. Evans’s face. An overpowering stench of burnt flesh and clothing began pervading the witness room. Two doctors examined Mr. Evans and declared that he was not dead.
The electrode on the left leg was refastened. At 8:30