check to pay themselves instead of using it as evidence.
George was convicted and given the death penalty. By the time we at EJI got involved, he had been on death row for several years, moving inexorably toward execution. When I met him, prison doctors were heavily medicating him with psychotropic drugs, which at least stabilized his behavior. It was so abundantly clear that George was mentally ill that it came as no shock when we discovered that the doctor who had examined him at Bryce Hospital was a fraud with no medical training. “Dr. Ed Seger” had made up his credentials. He had never graduated from college but had fooled hospital officials into believing he was a trained physician with expertise in psychiatry. He had masqueraded at the hospital for eight years conducting competency evaluations on people accused of crimes before his fraud was uncovered.
I represented George in his federal court proceedings. There, the State acknowledged that Seger was an imposter but wouldn’t agree that George was entitled to a new trial. We eventually won a favorable ruling from a federal judge who overturned his conviction and sentence. Because of his mental illness and incompetency, George was never retried or prosecuted. He has been at a mental institution ever since. But there are likely hundreds of other people imprisoned after an evaluation by “Dr. Seger” whose convictions have never been reviewed.
A lot of my clients on death row have had serious mental illnesses, but it wasn’t always obvious that their history of mental illness predated their time in prison, since symptoms of their disabilities could be episodic and were frequently stress-induced. But Avery Jenkins’s letters, handwritten in print so small I needed a magnifying glass to read them, convinced me that he had been very ill for a long time.
I looked up his case and began to piece together his story. It turned out he’d been convicted of the very disturbing and brutal murder of an older man. The multiple stab wounds inflicted on the victim strongly suggested mental illness, but the court records and files never referenced anything about Jenkins suffering from a disability. I thought I’d find out more by meeting him in person.
When I pulled into the prison parking lot, I noticed a pickup truck there that looked like a shrine to the Old South: It was completely covered with disturbing bumper stickers, Confederate flag decals, and other troubling images. Confederate flag license plates are everywhere in the South, but some of the bumper stickers were new to me. A lot were about guns and Southern identity. One read, IF I’D KNOWN IT WAS GOING TO BE LIKE THIS, I’D HAVE PICKED MY OWN DAMN COTTON. Despite growing up around images of the Confederate South and working in the Deep South for many years, I was pretty shaken by the symbols.
I’d always been especially interested in the post-Reconstruction era of American history. My grandmother was the daughter of people who were enslaved. She was born in Virginia in the 1880s, after federal troops had been withdrawn and a reign of violence and terror had begun, designed to deny any political or social rights for African Americans. Her father told her stories of how the recently emancipated black people were essentially re-enslaved by former Confederate officers and soldiers, who used violence, intimidation, lynching, and peonage to keep African Americans subordinate and marginalized. My grandmother’s parents were deeply embittered by how the promise of freedom and equality following slavery ended when white Southern Democrats reclaimed political power through violence.
Terrorist groups like the Ku Klux Klan cloaked themselves in the symbols of the Confederate South to intimidate and victimize thousands of black people. Nothing unnerved rural black settlements more than rumors about nearby Klan activity. For a hundred years, any sign of black progress in the South could trigger a white reaction that would invariably invoke Confederate symbols and talk of resistance. Confederate Memorial Day was declared a state holiday in Alabama at the turn of the century, soon after whites rewrote the state constitution to ensure white supremacy. (The holiday is still celebrated today.) When black veterans returned to the South after World War II, Southern politicians formed a “Dixiecrat” bloc to preserve racial segregation and white domination out of fear that military service might encourage black veterans to question racial segregation. In the 1950s and 1960s, civil rights activism and new federal laws inspired the same resistance to racial progress and once again led to a spike in