you can’t help everybody,” he looked at me earnestly. “You’ll kill yourself if you try to do that.” He continued looking at me with concern.
I smiled. “I know.”
“I mean, you gotta help me. You shouldn’t hold nothing back on my case,” he said with a smile. “I expect you to fight all comers to get me out of here. Take ’em all down, if necessary.”
“Stand up to giants, slay wild beasts, wrestle alligators …,” I joked.
“Yeah, and get somebody ready to take over the battle in case they chop your head off, ’cause I’m still going to need help if they take you out.”
The more time I spent with Walter, the more I was persuaded that he was a kind, decent man with a generous nature. He freely acknowledged that he’d made poor decisions, particularly where women were concerned. By all accounts—from friends, family, and associates like Sam Crook—Walter generally tried to do the right thing. I never regarded our time together as wasted or unproductive.
In all death penalty cases, spending time with clients is important. Developing the trust of clients is not only necessary to manage the complexities of the litigation and deal with the stress of a potential execution; it’s also key to effective advocacy. A client’s life often depends on his lawyer’s ability to create a mitigation narrative that contextualizes his poor decisions or violent behavior. Uncovering things about someone’s background that no one has previously discovered—things that might be hard to discuss but are critically important—requires trust. Getting someone to acknowledge he has been the victim of child sexual abuse, neglect, or abandonment won’t happen without the kind of comfort that takes hours and multiple visits to develop. Talking about sports, TV, popular culture, or anything else the client wants to discuss is absolutely appropriate to building a relationship that makes effective work possible. But it also creates genuine connections with clients. And that’s certainly what happened with Walter.
Shortly after my first trip to see Walter’s family, I received a call from a young man named Darnell Houston who told me that he could prove that Walter was innocent. His voice shook with nerves but he was determined to speak to me. He didn’t want to talk on the phone, so I drove down to meet with him one afternoon. He lived in a rural part of Monroe County on farmland that his family had worked since the time of slavery. Darnell was a sincere young man, and I could tell he’d been debating for a while whether to contact me.
When I arrived at his home, he walked out to greet me. He was a young black man in his twenties who had joined the “Jheri curl” craze. I had already noticed that the popular process of chemically treating black hair to make it looser and easier to style had come to Monroeville; I’d seen several black men, young and old, sporting the look with pride. The cheerful bounce of Darnell’s hair contrasted with his worried demeanor. As soon as we sat down, he got right to business.
“Mr. Stevenson,” he began. “I can prove that Walter McMillian is innocent.”
“Really?”
“Bill Hooks is lying. I didn’t know he was even involved in that case until they told me he was part of how they put Walter McMillian on death row. First, I didn’t believe Bill could have been part of this, but then I found out that he testified that he drove by that cleaners on the day that girl was killed, and that’s a lie.”
“How do you know?”
“We were working together all that day. We both worked at the NAPA auto parts store last November. I remember that Saturday when that girl was killed because ambulances and police started racing up the street. It went on for like thirty minutes. I’d been working in town for a couple of years and had never seen anything like it.”
“You were working on the Saturday morning that Ronda Morrison was killed?”
“Yes, sir, with Bill Hooks from about eight in the morning till we closed after lunch, after all them ambulances went by our shop. It was probably close to eleven when the sirens started. Bill was working on a car in the shop with me. There ain’t but one way out the store; he never left the entire morning. If he said he drove by the cleaners when that girl was killed, he’s lying.”
One of the most frustrating things about reading Walter’s trial record had been that the State’s witnesses—Ralph