asked by Sheriff Pilley to inform the public and the press that a resident of this county, a man named Mark Carter, was arrested this morning at his home in Bayliss and charged with the rape and murder of Emily Broone. He remains in custody and will appear in this courtroom in about an hour. Mr. Post, I believe you have a motion.”
I rise with a smile and say, “Yes, Your Honor. On behalf of my client, Duke Russell, I ask that his conviction entered in this case be vacated and that he be released immediately.”
“And what is the basis of this motion?”
“DNA testing, Your Honor. We have obtained DNA testing on the seven pubic hairs found at the crime scene. Mr. Russell is excluded. All seven originated from Mr. Carter.”
“And as I understand the facts, Mr. Carter was the last person seen with the victim while she was still alive, is that so?” She asks this as she glares at Chad.
“That is correct, Your Honor,” I say with suppressed glee. “And Mr. Carter was never considered a serious suspect by the police or the prosecutor.”
“Thank you. Mr. Falwright, do you oppose this motion?”
He rises quickly and almost whispers, “The State does not.”
She reshuffles some papers and takes her time. Finally, she says, “Mr. Russell, would you please stand?”
He gets to his feet and looks at her as if bewildered. She clears her throat and says, “Mr. Russell, your convictions for rape and capital murder are hereby vacated and dismissed. Forever, and they cannot be brought back. I was not involved in your trial, obviously, but I do consider it a privilege to be involved here today with your exoneration. A grave miscarriage of justice has occurred and you have paid a dear price. You were wrongfully convicted by the State of Alabama and incarcerated for a decade. Years that can never be replaced. On behalf of the State, I say that I’m sorry, and I realize my apology does not even begin to heal your wounds. However, it is my hope that one day soon you will remember the apology and take some small measure of comfort in it. I wish you a long happy life with this nightmare behind you. Mr. Russell, you are free to go.”
There are gasps and shrieks behind us as his family hears this. Duke leans forward and places both hands on the table. I stand and put an arm around him as he sobs. For some reason I notice how frail and thin he is in someone’s old sports coat.
Chad hits a side door and makes his escape, too cowardly to walk over and offer an apology of his own. He’ll probably spend the rest of his career lying about how Duke got off on one of those technicalities.
Outside the courtroom, we face the cameras and answer questions. Duke says little. He just wants to go home and eat his uncle’s barbeque ribs. I don’t have much to say either. Most lawyers dream of these moments, but to me they are bittersweet. On the one hand there is immense satisfaction in saving an innocent man. But on the other, there is anger and frustration with a system that allows wrongful convictions. Almost all can be avoided.
Why are we expected to celebrate after an innocent man is freed?
I navigate through the crowd and walk with my client to a small room where Jim Bizko is waiting. I promised him an exclusive, and Duke and I unload. Bizko starts with questions about his near miss with the executioner seven months earlier, and before long we’re laughing about Duke’s last meal and his frantic efforts to finish his steak and cake before returning to his cell. The laughter feels good and comes easily, as do the tears.
* * *
—
AFTER HALF AN hour, I leave them and return to the courtroom where the crowd is loitering and waiting for the next bit of drama. Judge Marlowe assumes the bench and everyone takes a seat. She nods and a bailiff opens a side door. Mark Carter appears in handcuffs and the standard orange jumpsuit. He glances around, sees the crowd, finds his family on the front row, then looks away. He takes a seat at the defense table and stares down as his boots catch his attention.
Judge Marlowe looks at him and asks, “Are you Mark Carter?”
He nods.
“Please stand when I address you and answer in a clear voice.”