witness. I’m here because I’m supposed to be here. I’m here because you can’t keep me away.”
I smiled at Mrs. Williams while she sat proudly. For the first time since I started working on the case, everything we were struggling to achieve finally seemed to make sense. It took me a minute to realize that the judge was calling my name, impatiently asking me to begin.
The last day of hearings went well. There were a half-dozen people who had been jailed or imprisoned with Ralph Myers whom Ralph had told he was being pressured to give false testimony against Walter McMillian. We found most of them and had them testify. They were consistent in what they related. Isaac Dailey, who had been falsely accused by Myers of committing the Pittman murder, explained how Myers had falsely implicated Walter in the Pittman crime. Myers had confided to Dailey after he was arrested that he and Karen had discussed pinning the Pittman murder on Walter. “He related to us that he and Karen did the killing and, ah, plotted together to put it off on Johnny D.”
Another inmate who wrote letters for Myers at the Monroe County Jail explained that Myers didn’t know McMillian, had no knowledge of the Morrison murder, and was being pressured by police to testify falsely against McMillian.
We saved the most powerful evidence for the end. The tapes that Tate, Benson, and Ikner had made when they interrogated Myers were pretty dramatic. The multiple recorded statements Myers gave to the police featured Myers repeatedly telling the police that he didn’t know anything about the Morrison murder or Walter McMillian. They included the officers’ threats against Myers and Myers’s resistance to framing an innocent man for murder. Not only did the tapes confirm Myers’s recantation and contradict his trial testimony, they exposed the lie that Pearson had told the court, the jury, and McMillian’s trial counsel—that there were only two statements provided by Myers. In fact, Myers gave at least six additional statements to the police that were largely consistent with his testimony at the Rule 32 hearing that he had no information about Walter McMillian committing the Ronda Morrison murder. All of these recorded statements were typed, exculpatory, and favorable to Walter McMillian, and none of them had been disclosed to McMillian’s attorneys, as was required.
I called on McMillian’s trial lawyers, Bruce Boynton and J. L. Chestnut, to testify about how much more they could have done to win an acquittal if the State had turned over the evidence it had suppressed. We finished the presentation of our evidence and, to our surprise, the State put on no rebuttal case. I didn’t know what they could have presented to rebut our evidence, but I’d assumed they would present something. The judge seemed surprised, too. He paused and then said he wanted the parties to submit written briefs arguing what ruling he should make. We had hoped for this, and I was relieved that the court would give us time to explain the significance of all the evidence in writing and assist him in preparing his order, an order I hoped would set Walter free. At the end of three days of intense litigation, the judge adjourned the proceedings in the late afternoon.
Michael and I had been in a rush the final morning of the hearing and hadn’t checked out of our hotel before leaving for the courthouse. We said our farewells to the family in the courtroom and went back to the hotel, feeling exhausted but satisfied.
Bay Minette, where the hearing took place, is about thirty minutes from the beautiful beaches on the Gulf of Mexico. We had started a tradition of bringing our staff down to the beach each September, and we’d all fallen in love with the clear warm waters of the Gulf. The white sand and pleasantly underdeveloped beachfront were spectacular and soothing. The view was slightly spoiled by the massive offshore oil rigs you could see in the distance, but if you could make yourself forget about them, you’d think you were in paradise. Dolphins loved this part of the Gulf and could be spotted in the early mornings, playfully making their way through the water. I’d often thought we should move our office to right there on the beach.
It was Michael’s idea to hit the beach before heading back to Montgomery. I wasn’t sure it was a good idea, but the day was warm and the coast was so close, I couldn’t resist.