caller could be the person who had murdered Ronda Morrison. We had dozens of phone conversations with him and even met him a couple of times. We were less and less convinced that the man he was accusing of committing the crime was involved. At some point we asked him some direct questions about where he was on the day of the murder, which must have alarmed him because we heard from him less often after that.
Before I could tell any of this to the ABI investigators, Taylor said, “We think you may have interviewed our suspect and may have collected a good bit of information from this guy. We were hoping you might allow us to have access to that information and those interviews.” He named our suspect.
I told them we would give them access to the information we had collected. None of it was protected by attorney-client privilege; we had never represented this man or obtained anything confidentially. I told Taylor and Cole to give us a few days to organize the information, and then we would turn it over.
“We want to get Walter out of prison as soon as possible,” I insisted.
“Well, I think the attorney general and the lawyers would like to maintain the status quo for a few more months, until we can make an arrest of the actual killer.”
“Right, but you do understand that the status quo is a problem for us? Walter has been on death row for nearly six years for a crime he didn’t commit.”
Taylor and Cole looked at each other uncomfortably. Taylor responded, “We’re not lawyers so I can’t really understand where they’re coming from. If I was in prison for something I didn’t do and you were my lawyer, I hope to hell you’d get me out as soon as you could.”
When they left, Bernard and I were very excited, but we remained troubled by this plan to “maintain the status quo.” I decided I would call the attorney general’s office and see if they would concede legal error in the pending appeal, which would ensure relief at the appellate court and perhaps expedite Walter’s release.
Another lawyer from the attorney general’s office named Ken Nunnelly had taken over the appeal. I had dealt with Nunnelly in several other death penalty cases. I told him that I’d met with the ABI investigators and that I understood there were some case developments that favored Mr. McMillian. It became clear that the state lawyers had been discussing this case quite a bit.
“Bryan, it’s all going to work out, but you’ll need to wait a few more months. He’s been on the row for years, so a few more months are not going to make that much of a difference.”
“Ken, every day makes a difference when you’re locked down on death row, and you’ve been wrongly convicted.” I tried to get a commitment but he offered nothing. I asked to meet with the attorney general or whatever official had final decision-making authority, and he said that he would see what he could do. Within a few days the State submitted a peculiar pleading to the Court of Criminal Appeals. The attorney general’s motion asked the court to stay the litigation and not issue a ruling because they “may have uncovered exculpatory evidence favorable to Mr. McMillian that could entitle him to a new trial,” but they needed more time to complete their investigation.
I was furious that the State would try to prolong any order granting relief to Walter. It was consistent with everything that had happened over the last six years, but it was still maddening. We quickly filed a response opposing the State’s motion. We told the court that there was overwhelming evidence that Mr. McMillian’s rights had been violated, and that he was entitled to immediate relief. Delaying relief would add further injury to a man who had been wrongfully convicted and condemned to death row for a crime he did not commit. We urged the court to deny the State’s request and rule quickly.
I was talking to Minnie and the family every week now, keeping everyone updated about the new state investigation.
“I feel like something good is about to happen, Bryan,” Minnie said to me. “They’ve kept him for years. Now it’s time they let him go. They have to let him go.”
I appreciated her optimism, but I worried, too. We’d been disappointed so often before. “We have to remain hopeful, Minnie.”
“I’ve always told people ‘no lie can live forever,’