and finally agree on seven minutes. I thank him, end the call, and punch another number. “Eat fast,” I say. He has suddenly found his appetite and is as happy as a pig at the trough.
The architect of Duke’s wrongful conviction is a small-town prosecutor named Chad Falwright. Right now he’s waiting in the prison’s administration building half a mile away, poised for the proudest moment of his career. He thinks that at 11:30 he’ll be escorted to a prison van, along with the Broone family and the local sheriff, and driven here to death row where they’ll be led to a small room with a large glass window that’s covered with a curtain. Once situated there, Chad thinks, they’ll wait for the moment when Duke is strapped to the gurney with needles in his arms and the curtain will be pulled back in dramatic fashion.
For a prosecutor, there is no greater sense of accomplishment than to witness an execution for which he is responsible.
Chad, though, will be denied the thrill. I punch his number and he answers quickly. “It’s Post,” I say. “Over here on death row with some bad news. The Eleventh Circuit just issued a stay. Looks like you’ll crawl back to Verona with your tail between your legs.”
He stutters and manages to say, “What the hell?”
“You heard me, Chad. Your bogus conviction is unraveling and this is as close as you’ll ever get to Duke’s scalp, which, I must say, is pretty damned close. The Eleventh Circuit has doubts about the trivial notion of a fair trial, so they’re sending it back. It’s over, Chad. Sorry to ruin your big moment.”
“Is this a joke, Post?”
“Oh sure. Nothing but laughs over here on death row. You’ve had fun talking to the reporters all day, now have some fun with this.” To say I loathe this guy would be a tremendous understatement.
I end the call and look at Duke, who’s feasting away. With his mouth full he asks, “Can you call my mother?”
“No. Only lawyers can use cell phones in here, but she’ll know soon enough. Hurry up.” He washes it down with tea and attacks the chocolate cake. I take the remote and turn up the volume. As he scrapes his plate, a breathless reporter appears somewhere on the prison grounds and, stuttering, tells us that a stay has been granted. He looks bewildered and confused, and there is confusion all around him.
Within seconds there is a knock on the door and the warden enters. He sees the television and says, “So I guess you’ve heard?”
“Right, Warden, sorry to ruin the party. Tell your boys to stand down and please call the van for me.”
Duke wipes his mouth with a sleeve, starts laughing and says, “Don’t look so disappointed, Warden.”
“No, actually I’m relieved,” he says, but the truth is obvious. He, too, has spent the day talking to reporters and savoring the spotlight. Suddenly, though, his exciting broken-field run has ended with a fumble at the goal line.
“I’m out of here,” I say as I shake Duke’s hand.
“Thanks Post,” he says.
“I’ll be in touch.” I head for the door and say to the warden, “Please give my regards to the Governor.”
I’m escorted outside the building where the cool air hits hard and feels exhilarating. A guard leads me to an unmarked prison van a few feet away. I get in and he closes the door. “The front gate,” I say to the driver.
As I ride through the sprawl of Holman Correctional Facility, I am hit with fatigue and hunger. And relief. I close my eyes, breathe deeply, and absorb the miracle that Duke will live to see another day. I’ve saved his life for now. Securing his freedom will take another miracle.
For reasons known only to the people who run this place, it has been on lockdown for the past five hours, as if angry inmates might organize into a Bastille-like mob and storm death row to rescue Duke. Now the lockdown is subsiding; the excitement is over. The extra manpower brought in to maintain order is withdrawing, and all I want is to get out of here. I’m parked in a small lot near the front gate, where the TV crews are unplugging and going home. I thank the driver, get in my little Ford SUV, and leave in a hurry. Two miles down the highway I stop at a closed country store to make a call.