Just Mercy - Bryan Stevenson Page 0,95

local media were eager to join the prosecutors in criticizing the 60 Minutes piece because it implicated their coverage, which had largely presented only the prosecution’s theory and characterization of Walter and the crime. But people in the community watched 60 Minutes all the time and generally trusted it. Despite the local media reaction, the CBS coverage gave the community a summary of the evidence we’d presented in court and created questions and doubts about Walter’s guilt. Some influential community leaders also thought it made Monroeville look backward and possibly racist in a way that was not good for the community’s image or efforts at recruiting business, and business leaders started asking tough questions of Chapman and law enforcement about what was going on in the case.

People in the black community were thrilled to see honest coverage of the case. They had been whispering about Walter’s wrongful conviction for years. The case had so traumatized the black community that many had become preoccupied with each court development and ruling. We frequently got calls from people simply seeking an update. Some callers sought clarification of a particular point in the case that had been the subject of serious debate in a barbershop or at a social gathering. For many black people in the region, watching the evidence that we had presented in court now laid out on national television was therapeutic.

In the 60 Minutes interview with Chapman, he dismissed as silly the suggestion of any racial bias in Walter McMillian’s prosecution. He calmly professed his complete confidence and certainty that McMillian was guilty and that he should be executed as soon as possible. He expressed contempt for Walter’s attorneys and “people who try to second-guess juries.”

We later found out that privately, despite the confidence expressed in his statements to local media and to 60 Minutes, Chapman had begun to worry about the reliability of the evidence against Walter. He couldn’t ignore the problems in the case that had been exposed at the hearing. Given our success in other death penalty cases, he must have feared the very real possibility of the appellate court’s overturning Walter’s conviction. Chapman had become the public face defending the conviction, and he realized that he’d put his own credibility on the line by relying on the work of local investigators—work that was now revealed as almost farcically flawed.

Chapman called Tate, Ikner, and Benson together shortly after the hearing and expressed his concerns. When he asked the local investigators to explain the contradictory evidence we had presented, he wasn’t impressed with what he heard. Not long after that, he formally asked ABI officials in Montgomery to conduct another investigation into the murder to confirm Mr. McMillian’s guilt.

Chapman never informed us directly about the new investigation, even though for over two years we’d sought just such a re-examination of the evidence. When the new ABI investigators, Tom Taylor and Greg Cole, called me, I eagerly agreed to share case files and information. After meeting with them, I was even more hopeful about what might come out of the investigation. They both seemed like no-nonsense, experienced investigators who were interested in doing credible and reliable work.

Within a few weeks, Taylor and Cole seemed to doubt that McMillian was guilty. They were not connected to any of the players in South Alabama. We gave them files, memoranda, and even some original evidence because we had nothing to hide. I was nervous that if we won a reversal and had to retry the case, we might be disadvantaged by disclosing so much information to state investigators—who would then be better prepared to smear or undermine our evidence—but I was still confident that any reasonable, honest investigation would reveal the absurdity of the charges against Walter.

By January, six months had passed since we had filed our appeal at the Court of Criminal Appeals, and a ruling was due any week. That’s when Tom Taylor called and said that he and Cole wanted to meet with us again. We’d talked a few times during their investigation, but this time we’d be discussing their findings. When they arrived, Bernard and I sat down with them in my office and they wasted no time.

“There is no way Walter McMillian killed Ronda Morrison.” Tom Taylor spoke plainly and directly. “We’re going to report to the attorney general, the district attorney, and anyone who asks that McMillian had nothing to do with either of these murders and is completely innocent.”

I tried not to look as thrilled as

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