that there were people who were willing to ignore evidence, logic, and common sense to convict someone and reassure the community that the crime had been solved and the murderer punished. But talking face-to-face with someone about the case made the irrational thinking swirling around Walter’s conviction much, much harder to accept.
Chapman hadn’t prosecuted the case, and I had hoped that he might not want to defend something so unreliable, but it was clear that he was locked into this narrative just like everyone else who had been involved. I’d seen the abuse of power in many cases before, but there was something especially upsetting about it here, where not only a single defendant was being victimized but an entire community as well. I filed my stack of motions just to make sure that if they didn’t dismiss the charges they knew we would fight them. Walking down the hallway to my car I saw yet another flyer about the next production of To Kill a Mockingbird, which just added to my outrage.
Darnell had remained home after he posted bond. I stopped by his house to discuss my meeting with the D.A. He was thrilled to hear that the charges against him would be dropped, but he was still shaken by the whole experience. I explained that what the State had done to him was illegal and that we could pursue a civil action against them, but he had no interest in that. I didn’t actually think a civil suit was a good idea since it would just leave him vulnerable to more harassment, but I didn’t want him to think I was unwilling to fight on his behalf.
“Mr. Stevenson, all I wanted to do is tell the truth. I can’t go to jail, and I’ll be honest—these folks have scared me.”
“I understand,” I said, “but what they did is illegal and I want you to know you have done nothing wrong. They’re the ones who have acted very, very inappropriately. They’re trying to intimidate you.”
“Well, it’s working. What I told you is true, and I stand by it. But I can’t have these folks coming after me.”
“Well, the judge has denied our motion, so you don’t have to testify or come to court at this point. Let me know if you have any more problems with them or if they come to speak with you about this. You can tell people that I’m your lawyer and refer them to me, okay?”
“Yes, okay. But does that mean you are my lawyer?”
“Yes, I’ll represent you if anyone creates any issues behind what you’ve disclosed.” He looked a little relieved but was still pretty rattled when I left.
I got in my car with the sinking realization that if everyone who tried to help us on this case was going to be threatened, it would be very difficult to prove Walter’s innocence. If his case wasn’t overturned on direct appeal, we’d have a chance to file a postconviction petition later, and we would need new evidence, new witnesses, and new facts to prove Walter’s innocence. Based on the experience with Darnell, this would be extremely challenging. I decided not to worry about it now and turned my attention to the appeal. With the reconsideration denied, the appeal brief was due in twenty-eight days. I wasn’t even sure how much time had elapsed since the judge’s ruling, as I had never received the order.
I left for home frustrated and worried. On my drives between Monroeville and Montgomery, I had gotten used to looking at the rural farmland, the cotton fields, and the hilly countryside; I would think about what life here must have been like decades ago. This time I didn’t have to imagine it. Darnell’s despair, his sadness in recognizing that they could do whatever they wanted to him with impunity, was utterly disheartening. From what I could see, there simply was no commitment to the rule of law, no accountability, and little shame. Arresting someone for coming forward with credible evidence that challenged the reliability of a capital murder conviction? The more I thought about it, the more disoriented and provoked I became. It was also sobering. If they arrested people who said things that were inconvenient, how would they react if I challenged them even harder?
As I left town, I watched the sun set and darkness descend across the county landscape as it had for centuries. People would be heading home now, some to very comfortable houses where they could relax