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Original subtitles

All right, let's chop and load.

It was the third of June

Another sleepy, dusty delta day

I was out choppin' cotton

And my brother was balin' hay

And at dinner time we stopped

And walked back to the house to eat

And mama hollered out the back door

Y'all, remember to...

Good evening, Officer.

Y'all need my license or anything, huh?

No, that's not necessary.

That's a sharp-looking truck you got.

Yes, sir. Thank you.

Those rims look like they cost you a pretty penny.

Who you been working for?

Oh, no, sir. I don't work for nobody.

Got my own pulping business.

You know, I clear out all these trees around here.

So, you ain't got no boss to check in with, huh?

That must be pretty nice.

Free to run up and down the road

wherever you want to, whenever you want to

in this fancy truck.

Hey, well, not if my wife got something to say about it.

Yeah.

I heard that ain't stopped you before, though.

Ain't that right, Johnny D.?

You want to make a break for it? Hmm?

No, sir, I don't wanna do nothing...

'Cause after what you done...

I'm looking for any excuse to get this over with

right here, right now.

Sir, I ain't did nothing and I think y'all got the wrong person here.

Y'all got me confused with somebody. And I think...

I ain't got you confused with nobody.

I don't have a thing to do with this.

Sir, you got me confused with somebody. I ain't did nothing wrong.

We all know Monroeville as the peaceful town

where Harper Lee wrote To Kill a Mockingbird.

Last year, that peace was shattered by a brutal crime.

On the 1st of November, 18-year-old Ronda Morrison

was found dead at Jackson Cleaners.

Morrison had been strangled and shot by Walter McMillian,

known locally as Johnny D.

McMillian was convicted by a jury who recommended a life sentence.

But today, Judge Robert E. Lee Key overrode their decision

and sentenced McMillian to death.

We promised the community that we would find him, and we did.

You commit a crime like this in my town,

one way or another, you're gonna pay for it.

As McMillian awaits execution at Holman Correctional Facility,

a grieving community can take some solace

in knowing that, today, justice has finally been served.

Thank you.

You got one hour.

Um...

Hi, Mr. Davis. I'm Bryan.

Henry.

Um...

The Southern Prisoners Defense Committee,

they sent me here to tell you that...

That they don't have a lawyer for you yet,

- but they hope to soon. - You're not a lawyer?

No. I'm still in school.

Just interning here for the summer.

So, you can't tell me nothing about my case?

I mean, I was supposed to tell you...

that you're not at risk of execution any time within the next year.

Can you say that again?

That you're not at risk of execution any time within the next year?

That's the best news I've heard in a long time.

I didn't want my wife or kids...

showing up if I had an execution date coming.

Now they can come visit.

Thank you.

Thank you.

Serious.

My mom made me join our church choir when I was, like, four.

I sang lead baritone all through high school.

I played piano at my church growing up.

AME?

God is good...

...all the time.

All the time.

A couple AME Choir boys hanging on death row.

My mom would go trip.

Man, that's crazy.

What school are you going to?

I'm at Harvard.

Seriously? You're going to Harvard?

That's white-boy status, bro.

What the hell are you doing slumming it up in here for?

I'm in law school because I just wanted to help people.

Just haven't figured out the best way to do that yet.

Honestly, this internship has been the best experience so far.

Working on death row has been your best experience?

You need to get out more, bro.

Should've been done two hours ago.

- I'm sorry, I didn't realize. - Supposed to watch the clock.

Whoa, whoa, whoa. Hey, hey, hey. Sir!

Calm down, he didn't do anything!

You need to shut your mouth.

It's okay, Bryan.

Don't worry about me. You just come back.

I'm pressing on

The upward way

New heights I'm gaining every day

Still praying as

I'm onward bound

Lord, plant my feet

On higher ground

- Mom still mad at you? - For what?

I don't know.

Maybe for rejecting all those job offers so you can be poor in Alabama.

And Howie telling her about that lynching in Mobile didn't help.

- What? - I said it happened seven years ago.

Yeah, that made it better.

You two were supposed to be on my side.

Pop, how are we looking up there?

Just added three quarts of oil.

But you should check it again when you get there.

All right, thanks.

Talk to your mom yet?

What did those leaves do to you?

You're not gonna say bye to your son?

I know you got your law degree now, and you think you're grown,

but you're still my child.

And I'm the one who has to deal with your funeral arrangements

if you get killed down there.

- Come on, Ma. - You think this is funny?

'Cause if you can't see the danger in what you're doing,

you need to ask Harvard for your money back.

You used to be smarter than that.

The first time I visited death row,

I wasn't expecting to meet somebody the same age as me.

Grew up on the same music. From a neighborhood just like ours.

Could've been me, Mama.

I don't wanna move far away from you. I love you.

But you always taught me to fight for the people

who need the help the most.

I am very proud of you, son.

I know your heart's in the right place.

But it's not that simple.

What you're doing is gonna make a lot of people upset.

You better be careful.

I will.

I promise.

There she goes.

My line, your line

Don't cross them lines

What you like, what I like

Why can't we both be right?

Attacking, defending

Until there's nothing left worth winning

You gotta be kidding me.

We had an agreement to rent this space for two years.

You said it was a done deal.

That's before I knew what you were doing here.

We are giving poor people

their constitutional right to counsel, Bill.

Do you mind explaining to my son what you think is so wrong with that?

Eva, what's up?

Oh, Bryan. Thank God.

This is the executive director of our organization.

He just got here and was expecting

to move into the office that you promised us.

You said you were the director.

Director of Operations.

And you're making me look very bad in front of my boss right now.

She said you were a lawyer,

but nobody told me it was for murderers on death row.

We're providing legal services to people who need help.

And they'll have to do it someplace else.

'Cause I can't have people like that around here.

Not everyone is in there for a good reason, sir.

Y'all have a good day now.

What a piece of shit.

I'm so sorry. This is not how I wanted to welcome you here.

I will find us an office, I promise you I will.

I just gotta change my tactics.

It'll be fine. We can work from anywhere.

Yeah, we'll just have Kris clean up his toys in the living room.

- Right, Kris? - Oh, yeah?

I'll think about it.

I'm sorry for cussing, baby.

It's okay.

He was a piece of shit, though.

I was a psychology major writing a paper on capital punishment

when I met my first death row inmate, Wayne Ritter.

He and his friend robbed a pawn shop in Mobile.

His friend shot the owner and they both got death.

Is he the reason why you got into this?

His attorney was openly in favor of the death penalty.

He thought mad dogs ought to die.

A lot of the folks on death row either had shitty representation

or none at all. So, I just started calling every law firm

in the Yellow Pages, just trying to find anybody that could help.

I was averaging 20 rejections a day.

She was pretty stressed out.

I was just about to give up

when I got a call from a Harvard lawyer

saying that he had just passed the Alabama Bar

and had federal funding to start a legal center

for inmates on death row.

I was in before you even offered me the job.

And before you knew I couldn't pay you anything.

What's that?

Oh, yeah, Doug doesn't know

about that part yet.

- Sorry, honey. - All right.

How's it going, son? You seem tired.

Okay. Let's go brush your teeth.

Excuse us.

I'll make up the couch for you, Bryan.

I'm excited about what you're doing.

Me, too.

I should be in the log.

I'm scheduled to see six clients today.

Well, I ain't seen you before.

That's because I just moved here.

You really a lawyer?

Yes. I am.

Well, I'm gonna have to search you.

Just go on in that room there and take everything off.

Attorneys aren't strip-searched for legal visits.

Well, you ain't gonna visit shit unless you get in that room and strip.

Let's go.

Pants and underwear.

Bend over and spread.

You're clear.

I fought in Nam.

First Cavalry Division.

Saw a lot of friends die.

Doctor said I got PTSD.

I did what they said I did. I...

I put the bomb on her porch.

I know it don't make sense...

but I didn't mean to kill nobody.

I think they're gonna set my execution soon.

Last lawyer said there ain't nothing left to do.

There's always something that we can do.

Whatever you did, your life is still meaningful.

And I'm gonna do everything possible to keep them from taking it.

Now, tell me everything that happened.

I was given a court-appointed lawyer, and he was pretty pitiful.

Never really talked to me about setting up a defense.

I probably met the dude three times.

Literally.

He told me that it would be in my best interest

to plead no contest to all of those charges.

I'm gonna plead not guilty.

I said, "I didn't do it. I didn't have nothing to do with that."

"You're 20 right now, if you take this plea

and you do the whole time, you'll only be 45 when you get out."

In the middle of my trial, which only lasted

45 minutes to a hour, which is unheard of...

He wouldn't let me take the stand. So, they ended up finding me guilty.

The judge laughed at me and said rehabilitation was a 70-year-old joke.

My lawyer, he was there, but he wasn't there.

It was like I was by myself.

Last lawyer I had, sitting where you sit, said...

"Johnny D., don't worry about nothing, everything gonna be all right."

Then they put that death sentence on me.

Family run out of money.

Money run out, he run out.

What you gonna do different?

Well, the first thing we could do is apply for a retrial.

I already did that. They denied it.

It's right there in your files.

Okay, then we can ask for a reconsideration on that.

Then a direct appeal to the Court of Criminal Appeals

and work our way up to the State Supreme Court.

If we get denied there, we could file a Rule 32.

Then a federal habeas petition.

And if all that fails, Mr. McMillian, we could take your case

all the way to the Supreme Court.

You don't know what you into down here, do you?

You think all of them fancy words

gonna get you somewhere around here in Alabama?

All they gonna do is eat you alive and spit you out

just like every other black man they do, when they step out of line.

You coming around here with them fancy suits,

talking all white, these people don't give a damn about that.

The only suit they wanna see a nigga in is the suit I got on.

Mr. McMillian, I can see how that could be hard...

No, you don't!

No, you don't. No, you don't. No, you don't.

You a rich boy from Harvard, you don't know what it is down here.

When you're guilty from the moment you born.

And you can buddy up with these white folks and make them laugh

and try to make them like you, whatever that is,

and you say, "Yes, sir. No, ma'am." But when it's your turn,

they ain't got to have no fingerprints.

No evidence.

And the only witness they got made the whole thing up.

Ain't none of that matter, when all y'all think is

is I look like a man...

who could kill somebody.

But that's not what I think.

Mmm.

You know how many people have been freed from Alabama death row?

None.

What make you think you gonna change that?

I ain't doing this shit again.

- Guard. - Mr. McMillian...

We done here.

Mr. McMillian, please.

I'm here to help.

- What's up, Johnny D.? - Say hello!

How's it going, my brother?

How'd it go?

How you treating them needs, motherfucker?

Johnny D.?

Johnny D., you there?

'Sup, Herb?

Ray there?

Ray.

Unavailable at the moment.

Where you at?

Buckingham Palace. I'm having tea with the queen.

Huh.

She's a very nice lady. I'll let you know when we done.

Hey, Johnny D., what you think of the lawyer?

I think he a kid.

Don't know what he's talking about.

Making all these promises he ain't gonna be able to keep.

I... I thought he was nice.

Nice?

The hell you want a nice lawyer for?

Nice ain't gonna get you shit.

Look at Johnny D.

Nice as a puppy, yet he in here with us.

Well, I didn't know you thought about me like that, Ray.

I mean, just you nice and everything...

You not as nice as La Toya Jackson,

but for a old man on the row, you a'ight.

Hey, I thought you said I was the old man.

Well, Johnny D. is old, Herb, you more ancient.

Sorry to tell you.

Herb, turn that music up.

You got it.

All right. Here...

Bryan...

did you get any sleep?

I, uh...

I don't think McMillian did it.

The state based its entire case on the testimony of one man.

Ralph Myers.

Myers spent most of his life in and out of prison.

When he testified, he was on trial for a different murder,

which he ended up getting 30 years for.

Seems like a pretty good deal.

In his statement, he said that Johnny D. approached him at a car wash

and forced him at gunpoint to drive to Jackson Cleaners because his arm hurt.

That sounds logical.

When they get there, Johnny D. tells him to wait in the truck

while he goes inside.

And while he's waiting for his kidnapper,

he doesn't run, he doesn't go to the police.

Instead, he drives to the liquor store for cigarettes

and then comes back to the crime scene.

Excuse me?

Myers hears gunshots, goes inside

and sees the body of Ronda Morrison lying on the ground, face up,

and Johnny D. standing over her with a gun

with some older white guy who he claimed was in charge.

- Anyone trying to look for him? - Exactly.

Oh, wait. They have one other witness to back his testimony.

A young black man named Bill Hooks.

Says he saw Johnny D.'s low-rider truck

leaving the cleaners around the time of the murder.

And that's it.

That's all they have.

Hmm.

So, an 18-year-old white girl is murdered in broad daylight

and the sheriff can't solve the crime for how long?

Almost a year.

And then some other guy who's charged with a different murder

says that he can tell them who did it if he gets a lower sentence.

And the guy that he says did it

happens to be a black man from a poor community

that no one would think twice about.

There's gotta be more evidence than this.

I want to set a meeting with the DA.

Tommy Chapman just took over for Pearson a few months ago.

He used to be a public defender.

Maybe he's not in line with the rest of 'em.

You visit the Mockingbird Museum yet?

Uh, no, ma'am.

It's the old courthouse Harper Lee's daddy used to work in.

You can stand right where Atticus Finch once stood.

- Mr. Stevenson? I'm Tommy Chapman. - Hey.

- You find us okay? - I did.

- Good. Follow me. - Yeah.

Thank you, Tracy.

A lot of people are very keen to meet you, Mr. Stevenson.

- Oh, really? - Well, you're a Harvard lawyer

who's moved to Alabama.

You know, you start taking on all these capital cases,

people just wanna know what your intentions are, I guess.

We're just trying to give legal assistance

to people who can't afford it.

Well, legal assistance is one thing,

but trying to put convicted murderers back on the street

is something else entirely.

Anyway, you didn't come all the way down here

to talk about that.

What can I do for you today, Bryan?

I wanted to speak to you about Johnny D. McMillian.

You know I wasn't part of his prosecution, right?

That was way before my time.

And that's exactly why I wanted to meet you.

You see, I've read through the record quite a few times now

and I have some serious doubts about the reliability of his conviction.

If you could take a look at the sections I've highlighted here,

you'll see some problems with Ralph Myers' testimony.

Man, this is one of the most outrageous crimes

in Monroe County history.

Your client made a lot of people very angry.

I understand that, but there are some serious problems with this case.

And I was hoping that I can get your support

to figure out what really happened.

I already know what happened.

Johnny D. McMillian was convicted by a jury

of brutally murdering a teenage girl in my community.

And it is my job to defend the integrity of that conviction.

Even if that conviction is based on false testimony?

You're the only one I know who thinks that.

Then I must be the only one who read that record

because it's pretty obvious.

That man caused a lot of pain.

A lot of pain for folks around here.

And if you go digging in those wounds...

you're gonna be making a lot of people very unhappy.

Well, it isn't my job to make people happy.

It's to achieve justice for my client.

Well...

Ralph Myers' two confessions and a statement from Bill Hooks.

I asked for copies of all the police and witness statements.

That's what you're holding.

This is a joke. Where's the rest of it?

That's what's relevant to the McMillian case.

If you want more, you'll have to file a discovery motion with the court

just like anybody else.

Thanks for coming by today, Mr. Stevenson.

Expect that motion soon.

I'll look forward to it, Counselor.

You oughta check out the Mockingbird Museum

on your way out of town.

It's one of the great civil rights landmarks of the South.

Hmm.

Keep in line.

Helping a black man convicted of killing a white girl

is political suicide in that county.

I'm sure he's being reminded of that by whoever got him his job.

The way he was talking, I don't even think he read the record.

That doesn't surprise me.

Hey, Kris, Bobby, come on in and get your snack.

Okay.

I'm gonna stop by Jackson Cleaners on my way to meet his family.

Okay. If I don't hear from you by morning,

I'll send a rescue party.

I hope that's a joke.

Me, too.

But just be careful, okay?

That's him.

- You the lawyer? - Yes, ma'am.

My name is Bryan Stevenson.

I'm Johnny D.'s wife, Minnie.

Pleasure to meet you.

Thank you so much for driving all the way out here.

- Most lawyers barely make time to call. - Hmm.

This is our younger son, John. Our baby girl, Jackie.

I hope you don't mind,

a few of our neighbors stopped by to hear what you got to say.

Oh, just a few?

- Come on. You'll be all right. - Okay.

Hey, now, we ain't gonna get nowhere

with everybody quacking at the same time.

Now, let Mr. Stevenson talk.

Um... It's a pleasure to meet all of you.

Thank you. Um...

Now, I know you all have a lot of questions,

but I really would love to hear from you guys first,

just to get a better understanding of your perspective on things.

Our perspective is ain't no way Johnny D. did this crime.

The morning that girl was killed,

we was all having a fish fry here to raise money for the church.

- Johnny D. was here. Morning till night. - Mmm-hmm.

Working on his truck with John.

You were with your dad that day?

Yeah, we was up at 6:00 in the morning to put the truck on the rack.

Jimmy was there, too.

Yep. We had that tranny

- cleaned out by 9:30. - Mmm-hmm.

Now, how he supposed to kidnap

some crazy white man all the way in Evergreen,

then drive back to Jackson Cleaners to kill that girl at 10:15

- if his truck ain't got no transmission? - Hello.

How many of you all were with Walter that morning?

My husband could have never done this, no kind of way.

Whether we was with him or not, he is just not like that.

Well, everybody know they went after him 'cause of that woman.

Sorry, Minnie.

It's okay.

It ain't no secret.

A few months before the murder,

Johnny D. got caught messing around with a white woman in town.

When her husband find out about it, he made sure everybody knew.

People started talking, and the stories kept growing.

He went from being a cheat, to a drug dealer,

to head of the Dixie Mafia.

So, by the time somebody call him a murderer,

ain't nobody thought twice about it.

They can call it what they want,

this is just another way to lynch a black man.

Amen.

Amen.

There ain't no excuse

for what my husband did to me and this family.

Damn fool hurt me bad.

But he still the daddy of my kids.

And I really don't know what I'm supposed to tell them

about staying out of trouble when you can be in your own house

minding your own business, surrounded by your entire family

and they still going to put some murder on you.

That's right.

It's not just Dad.

We feel like they put us all on death row, too.

Baby...

I can only imagine the pain that you're going through.

But I'm gonna do everything I can.

The last lawyer was talking just as big as you.

John...

Then they took all our money and split.

Why you different?

Well, our organization will cover all legal fees,

so none of you will ever have to pay a penny.

Now, it's clear to me that this trial was constructed with lies...

and based off everything that I've seen,

I think we could build a case strong enough to bring Johnny D. home.

And I'm not gonna stop until I've done that.

Well, you seem like good people to me.

But Johnny D.'s the one you gonna have to convince.

I don't know about the rest of y'all,

but I was sold on, "Y'all won't pay a penny."

Amen.

Mr. Stevenson?

Call me Bryan.

Okay.

This is my friend, Darnell.

He has something he wants to talk to you about.

Go on.

I think I can prove he's innocent.

You heard of Bill Hooks, right?

Yeah.

He testified that he saw Johnny D.'s truck

at the cleaners that morning.

Bill didn't see shit.

He made the whole thing up.

How do you know that?

'Cause I was with him. We was working at the shop together.

- The morning of the murder? - Yes, sir.

We was fixing the head gasket on the Camaro

from 8:00 in the morning till right after we closed for lunch.

He was right next to me when them sirens was going off.

Why would he lie?

'Cause the snitch cut a deal with the cops.

They had him locked up for burglary,

and the day he give his statement, he walk out free.

All charges dropped.

We told one of the other lawyers, and they ain't do nothing about it.

Hmm.

Would you be willing to sign a statement we could use in court?

Police will see my name?

It'd be on the record.

Darnell, exposing yourself like this is not easy.

But with your testimony,

we can file a motion to reopen Johnny D.'s case.

Darnell...

we need you.

Okay, yeah.

Okay.

Yeah, that'll do it.

All right.

Good morning.

Good morning.

Thanks for seeing me again.

Mmm-hmm.

I know the last time we met, things didn't go quite the way I was...

I can't believe you met my family.

Drove down that dirt road, crammed up in that little house,

talked to all my people, say you gonna try to fight for me.

That mean a lot.

It meant a lot to me, too.

Oh, uh...

Minnie wanted me to give this to you.

And if you don't mind, I have something I wanna show you.

It's a statement from Darnell Houston...

saying that he was with Bill Hooks

three miles away at the time of the murder.

So, there's no way he could have seen your truck there.

That's good, right?

That's very good.

I'm gonna submit this with a motion for a new trial.

I know you talked to Minnie. She told you what I did to her.

I ain't got no excuse for cheating on a woman good as that one,

good as she been to me.

I don't know why she's standing by me.

She's standing by you because she knows you shouldn't be in here.

And so do I.

I know you didn't kill Ronda Morrison.

And I can help you prove that in court if you'll let me.

You know, you done met my whole family. You know everything about 'em.

I don't know nothing about you, though.

- What would you like to know? - I wanna know it all.

Like why you... Why you doing this?

- Why am I a lawyer? - No, no, no.

Why is you a lawyer down here in Alabama

taking these cases that ain't nobody gonna pay you for?

I grew up down a road just like yours.

I played soccer in a dirt field with the pigs and chickens.

Used to pump sewage from my yard.

When I was a teenager, my grandfather was murdered over a black-and-white TV.

We kept waiting for someone to show up to help.

They never did.

And that's when I realized that, outside my community, nobody cared.

'Cause to them, he's just another black man killed in the projects.

I know what it's like to be in the shadows.

That's why I'm doing this.

That's a pretty good reason.

Okay.

Okay...

Let's get to work.

Okay.

- Hey, yo, Johnny D.? - Mmm-hmm.

You signing up with that lawyer?

I'm gonna give him a try.

Seem like everybody on the row working with him now.

I'm starting to feel left out.

Is he really that good?

I hope so.

What you think, Herbert?

Should I just dump my guy and make the switch over?

Herb, you hear me?

You there?

I'm here.

Herb, you okay?

They set my date.

Look here, Herb, don't you worry about nothing now.

Everything gonna be a'ight. Okay?

Ain't nothing over yet. You got Bryan working for you now.

I ain't like you guys.

I deserve what's coming.

All right, now, see, Herb...

there you go talking out your ass.

Now, you fought for this country.

And they threw you in the bag like the trash.

That war made you sick in your head, man.

You supposed to be in the hospital.

Not here.

When I told the cops that stopped me I was innocent,

do you know what they said?

"One of you niggers did it...

and if it wasn't you, then you taking one for your homie."

Johnny D. prosecutor say he know he killed the girl

because of the way he looked in his mug shot.

You don't deserve this shit more than any of us, Herb.

A girl is dead because of me.

That don't give nobody the right to kill you back.

Herbert was 18 when he went to Vietnam.

He was the only survivor in an ambush that killed his whole platoon.

After that, he had a mental breakdown, attempted suicide,

and was sent home on an honorable discharge.

Back at home, he continued to suffer from nightmares, crying fits...

running out of his house, screaming "incoming" to his neighbors.

His lawyer didn't even mention military service

or mental trauma to the jury.

A few months after the trial, he was disbarred for misconduct.

'Course he was.

Okay, what can we do?

Well, since he's already been through the appeals process,

the statute of limitations is gonna make it hard for a judge to listen.

We're gonna have to try and make him.

I'll get started on the motion tonight.

- Hello? - Okay.

It's for you, Mom.

Oh, thank you, sweetie. Hello?

You the bitch working for that nigger lawyer?

Who the hell is this?

The guy who put the bomb under your house

gonna blow your family all to hell

if you don't stop working for that nigger Johnny D.

Everybody, out of the house.

- What's going on? - I'll tell you outside.

They didn't find anything.

And they're sure?

They said they're sure.

They checked the basement, too, like you said?

- Said they checked the basement. - Okay.

All right, we're gonna move on now.

Okay, baby, let's get you to bed.

Yo, come on.

When you asked me to do this thing with you...

I knew that I'd lose some friends.

Have people talk shit behind my back, or to my face.

I don't need people to like me,

as long as I'm doing what I'm supposed to do.

But threatening my family...

Eva, you know I'd never blame you if you needed to stop.

I don't want my son growing up knowing

that his mom stopped doing what was right

just because she was scared of some crazy bigot.

Okay?

What are we gonna do about McMillian?

We start the investigation from scratch.

Find anyone in town who's willing to talk.

Maybe people will stop trying to kill us once they realize how charming we are.

I just wanted to ask you a couple questions

about the Ronda Morrison murder.

Uh, it's just...

You were on the witness list

for the Ronda Morrison trial a few years back.

Sorry. Can't help you with that.

Is there anything, anything at all that you feel comfortable talking...

You know, look,

if you are not working for that poor girl's family

then I ain't got nothing to say to you.

Sorry, sweetie.

Officer Ikner?

I ain't no officer no more.

I'm a lawyer representing Johnny D. McMillian.

I understand you were the first officer on the scene.

I was right.

The fish fry was on Saturday, November 1st.

The same day as the murder.

They put these up all over town.

I could kiss you, Deb.

We're planning to grow this into something

the whole country will be talking about.

And you can say that it all started in your building.

What exactly kind of work do you do?

We're just helping people.

- It looks good. - It's perfect.

My client, Herbert Richardson, was recommended for a Medal of Valor

for disarming a bomb in Vietnam.

We got a tip that a few of your employees could back his alibi.

Vivian Clark was one of the teenagers

who were sexually abused at your facility.

No, I'm not an attorney,

but I promise you, your son is in very good hands.

We'll let you know.

- Yeah, very soon. - Good talking to you.

Equal Justice Initiative. This is Brenda.

Yeah. Okay. Yes. Uh-huh. Just one moment.

Darnell Houston.

Hello, Darnell?

Whoa. Whoa, whoa. Slow down, slow down, slow down.

Where are you?

- Are you okay? - No, sir, I'm not.

Okay, Darnell, let's go talk in the car. Okay?

How in the hell they locking me up for perjury

if alls I did was say the truth? Hmm?

I knew I shouldn't have signed that paper, man.

Shouldn't have listened to you.

No. What they did to you was completely illegal.

Okay? Now, I'm gonna talk to the DA and get all these charges dismissed.

This will never happen again.

Well, how the hell do you know?

You can't control these guys.

They arrested me in the middle of my shift,

in front of my boss.

I don't even know if I got a job tomorrow.

I feel bad, what they doing to Johnny D...

but I'm just trying to survive.

I can't fight these guys, man.

Go on and find somebody else.

Listen, Darnell. Think about Johnny D., okay?

Think about his family. They need you.

Give me some time to work on this.

That's my ride.

Tell Johnny D. I'm sorry.

I need to speak with you.

Oh, hey, Bryan.

Have you met Sheriff Tate?

Who ordered the arrest of my witness?

When people make false statements concerning this case,

they're gonna be held accountable.

You can't arrest someone for perjury

without evidence that a false statement has been made.

Hang on. Are you representing Mr. Houston now, too?

Yes, I am.

His statement contradicts Bill Hooks' entire testimony.

Hooks ain't the state's main witness. Ralph Myers is.

Alabama Code 12-21-222

requires corroboration of accomplice testimony.

So, without Hooks, the conviction wouldn't be valid.

You know, I went down to see Ronda Morrison's momma yesterday.

And she's in tears.

She kept asking me why some lawyer from up north

would come down here and make them relive all this hell again.

Well, you can tell her it's because Johnny D. didn't kill her daughter.

And whoever did is still out there somewhere.

Hmm.

I know how desperate you must be

to fulfill your fantasy of who we are down here.

Just a bunch of corrupt Southern racists framing niggers for murder.

And you here to save the day.

Well, hell, you can believe that if you want to,

but I know that Johnny D. killed that girl,

and he's gonna answer for it.

And how do you know that? You have no hard evidence.

You based your entire case on the word of an indicted felon

who had every incentive to tell you what you wanted to hear.

Ralph Myers testified on his own accord.

And it made no sense.

He couldn't finish a sentence without contradicting himself.

Now, the charges against Darnell Houston are baseless.

They'll never stand up in court.

They should be dropped immediately.

Okay.

Is that okay with you, Tommy?

Sure.

Well, it doesn't really matter

now the court denied your motion to reopen the case.

Wait, what was that?

Oh, you didn't get the order?

Well, the judge is down in Mobile now,

so, you know, sometimes they have mail issues.

Listen, you can tell Mr. Houston

the charges against him are being dropped.

I can do that much for y'all

but anything else will have to be raised on appeal.

Thanks for stopping by, Counselor.

I want to see my mother

All I want

Whoa

To see my mother

Child, I want

To see my mother

I'm going home to live...

Something wrong, Officer?

Step out of the vehicle.

I don't understand. I wasn't speeding.

I said step out of the vehicle.

I'll get out of the car,

but first can you tell me why you stopped me?

- Get out of the goddamn car! - Whoa!

Whoa, whoa. Okay, okay. Hold on.

- Come on! - Okay.

Okay. I'm taking off my seat belt.

- Get it! Come on! - Okay. I'm opening up the door.

- I'm stepping out. - Faster! Come on!

- Okay. I have nothing in my hands. - Turn around!

- Yes. Okay. Okay. - Hands on the car!

You don't have to have the gun pointed at me.

- I'm not a threat. - Shut your damn mouth, boy.

Hey, brother...

you ought to be careful with your words when you got a gun at your head.

Let's go, John.

Why did you stop me?

We're letting you go.

You should be happy.

Even if they drop them charges,

Darnell ain't gonna testify after what they done done to him.

I know we took a big hit. We did.

But we just need to gather more evidence for another motion.

No, no. They gonna block it. They gonna block it.

If they can put me on the row for a year without no trial,

they can do whatever they wanna do.

They put you on death row before your trial?

Yeah.

Sheriff drove me himself.

Said, "I'm gonna give you a little taste of what it's like unless you confess."

Why are you just now telling me this?

This is how it is down here.

Been like this long as I can remember.

They messing with you, ain't they?

Yeah, they are. They're not making it easy on me.

I got a plan for you, though.

I'm all ears.

This what I think we should do.

I think you should train up another lawyer

'cause I'm gonna need somebody just in case they take you out.

Oh, it's like that?

Like that. It's like that.

Thought I had a friend.

Ain't no friends in here.

- Cold world. - Yeah.

So, we ain't got Darnell.

What's the next move?

I think we should talk to Ralph Myers.

- Walter... - No.

Just listen to me for a second.

I know it's risky,

but the only way to find out what he really knows

is for me to get him talking.

I know what he know.

You know what that man did to me?

Took my life away from me...

to save his own ass.

All he gonna give you is lies.

I promise I'm gonna be careful.

Get in line.

Mr. Myers.

You Bobby?

I'm Bryan.

Maybe later.

Okay. Do you wanna sit down?

You gonna buy me a Coke first?

Or you gonna make me stare at them vending machines all day?

Sure. What do you want?

Sunkist orange.

Okay.

And some Jujyfruits, if they got 'em.

I just want to say thanks for meeting me, Mr. Myers.

Can we start by talking about your testimony against Johnny D.?

No.

I ain't talking about him.

That's the only reason why I'm here.

You don't like it, leave.

Aw, don't look so sad. We can talk about other things.

I love to talk.

My wife says if I got paid for every word I said,

we'd be a couple of billionaires by now.

Oh, yeah?

How long you been married?

Long enough to pop out a couple of kids and watch her turn 'em all against me.

You got kids?

Me? No.

But Johnny D. does.

Yeah.

The thing about kids is they ain't nothing like having a dog.

It's a totally different deal.

I wish somebody had told me that in the first place.

And my kids, they think they got it so bad.

They ain't seen nothing like I seen.

Try making it as a foster kid your whole life.

As soon as you figure out one shitty parent,

they moving you to a new one.

Uh...

I'm sorry.

I'm sure that wasn't easy.

How many kids he got?

Johnny D. has three.

Mr. Myers, I know you made a deal with the state.

But I don't think they told you Johnny D. was gonna die because of it.

That must not be an easy thing to carry.

And I'm hoping there's a part of you that wants to make things right.

Can we please talk about your testimony?

Hey. Hey!

From the day they moved my ass into Escambia...

for something I'm telling you I ain't had nothing to do with,

all them police wanted to talk about was Ronda Morrison.

It was Morrison this, Morrison that.

Sometimes four or five of 'em in the room at the same time.

They were questioning you about her the day you were arrested?

Alls I'm saying is...

ain't nobody cared about a damn thing besides who killed that girl.

And when people care about a thing that much,

they'll do anything to get what they want.

You know they'll kill you if you get to the bottom of this, right?

Wait. Where are you going?

We done here, Bobby.

Thanks for the Jujys.

Ready, boss.

Myers said he was questioned about Ronda Morrison

the day he was arrested, on June 3rd.

But the only statement they presented in court

was recorded almost two months later.

Do you think they're hiding his first statement somewhere?

If they are, it might be at the Escambia courthouse

with the files from his other case.

You know anyone over there?

I do.

That's everything we got on Myers.

You can make copies over there.

- Thank you, ma'am. - Sure, baby.

He's cute. Married?

Married to his work.

How's Uncle Mickey doing?

Miss Miller.

Can I take a copy of these?

They ain't paying me enough to stop you.

Did you find the transcript from Myers' first statement?

- Yeah. - Thank you.

What?

I understand that, Sheriff.

That's Myers.

And that's what I'm trying to tell you.

Because, I'm gonna be honest with ya, I don't know a damn thing.

Is that right?

And that's Tate.

Yes, sir. It's righter than anything I've ever said.

And you would take a polygraph test

to the fact that you do not know who killed Ronda Morrison?

That's right, sir. I will.

Would you face the person

who came in here and testified that you...

I will face any damn body in this world on that

because it's a stone lie.

And if you asking me to frame an innocent man for murder,

well, thatjust ain't something I'm willing to do.

Holy shit.

Herb, you all right over there?

- Hmm? - No.

Now, listen here, you gonna have to get your mind off tomorrow.

Bryan is working on that as we speak.

Now, you know how these courts here is.

They wait till the last minute, but you gonna get that stay.

Why did I make that bomb?

Herb, don't go there now.

Why'd I do that?

I wasn't trying to hurt nobody.

Herb, I know.

Why am I so stupid?

No, no, you ain't stupid.

That war got you sick, and you still sick.

Girl wasn't supposed to come by and pick it up.

Listen, Herb. I want you to...

She wasn't supposed to come by and pick it up.

This what we gonna do, Herb. We gonna slow your mind down.

Remember what we practiced now. What we do?

- Deep breaths. - Yeah. Yeah.

Come on, do that with me now.

Deep breaths.

In and out.

Now in.

Now close your eyes.

Get away from all this.

No more walls.

No more guards.

No more wars to fight.

Just you, out in the open.

Fresh air on your face.

Look at them pine trees.

They've been growing since 'fore we was born.

And they gonna keep growing even after we gone.

And they done been through the same shit we done been through.

But they still dancing in the breeze.

Can you see 'em?

Yeah.

Good.

Now I want you to think about nothing else.

Just keep your mind on that.

And everything gonna be a'ight.

I need Strickland v. Washington,

and the affidavit from Herbert's sergeant.

Let's send it.

Now what?

We wait.

EJI. This is Bryan Stevenson.

Mr. Stevenson,

the court has just entered an order in case number 895395.

The motion for a stay of execution

and petition for writ of certiorari have been denied.

We'll fax copies of the order over to your office shortly.

- Thank you. - Thank you.

He asked me to be there.

Okay.

I'll drive you, then.

Come on, Herbert. We gotta go.

Can I say bye to my friends?

When it get too much for you...

you take them deep breaths.

Let your mind go.

Wish I didn't have to do this alone.

You ain't by yourself, Herbert.

We all with you.

Ain't that right, Ray?

That's right, Herb. You ain't rid of us yet.

You've been a good friend.

First time in the chamber, huh?

Yeah.

Don't think too much. You'll lose your shit.

Need anything, Mr. Richardson?

You still gonna play my song?

Got it cued up and ready.

Thank you.

It's been a strange day.

More people asked how they can help me today

than ever asked in my whole life.

Do I look funny?

I ain't know they were gonna shave off everything.

You look fine.

Well, most people don't get to sit and think all day...

about it being their last day alive.

It's different than Nam.

Least I had a chance there.

I'm sorry.

You the only one cared enough to fight for me.

Since I don't have family,

I told the army to send my flag to you, if that's okay.

I'd be honored.

Can you pray with me?

Of course.

They're ready.

On a hill far away

Stood an old rugged cross

The emblem of suffering and shame

And I love that old cross

Where the dearest and best

For a world of lost sinners was slain

And I'll cherish

The old rugged cross

Till my trophies at last I lay down

You, Herbert Lee Richardson,

shall be put to death by electrocution in the state of Alabama,

as ordered and decreed by Judge Jerry M. White,

for the murder of Rena Mae Collins on August the 16th, 1977.

So ordered.

Mr. Richardson...

do you have any final words you'd like to say?

Oh, that old rugged cross

So despised by the world

I have no ill feeling.

And I hold nothing against anyone.

So I'll cherish the old rugged cross

The old rugged cross

Till my trophies at last I lay down

I lay down

I will cling to the old rugged cross

And exchange it someday for a crown

To the old rugged cross

I will ever be true

Its shame and reproach gladly bear

Then he'll call me someday

To my home far away

Where his glory

Forever I'll share

So I'll cherish...

We with you, Herbert! We all with you!

We love you, Herb!

We all with you, Herb.

I'm walking with you, Big Herb!

Believe in your heart, Herb.

We're with you, buddy!

Be strong, Herb!

I will cling to the old rugged cross

And exchange it someday

For a crown

We love you, Herb!

Hey.

I...

Well, I hope this important news of yours comes with some food.

'Cause I'm starving.

Sit down, Mr. Myers.

You was a lot nicer the last time.

I heard the recording of the first statement you gave on June 3rd.

The one they didn't present in court.

You told the sheriff you didn't know anything

about Johnny D. or the murder.

You told him you didn't want to frame an innocent man.

Do you remember saying that?

Now, what I'm wondering is,

how do you go from knowing nothing about a murder on June 3rd

to becoming the state's key witness three months later?

What changed your mind?

What's that?

Intake log from Holman prison.

On August 1st, 1987,

Sheriff Tate transferred two inmates

from county jail to death row.

Johnny D...

...and you.

Did they move you to death row

because you wouldn't testify against him?

They executed Wayne Ritter a few weeks after you got there, isn't that right?

I was in the witness room

when they killed Herbert Richardson Thursday night.

And it was the most horrific thing I've ever experienced.

I'm sure Ritter's execution wasn't easy for you either.

They put me in the cell closest to the kill room.

Middle of the night, everybody started screaming,

banging on the bars.

And then...

Then came the smell of his skin burning.

I know that smell.

May I ask you what happened?

Seven years old.

I was sleeping in my foster mom's basement when her heater blowed up.

Catched my pj's on fire.

I was screaming for two minutes straight before they found me.

Everybody knowed that I got a fear of being burned.

They knowed what it would do to my head to be in a place like that.

I couldn't stop shaking all night.

Curled up on the floor like a baby.

Trying to breathe, but every breath you take just...

You get another taste of the man they killed.

You can't go through something like that...

and come out the same.

I know.

I called that sheriff the next morning.

I told him...

I would say whatever he wanted to get me out.

And he took my statement...

moved me to county the next day.

Mr. Myers, we're going to court very soon

to try to get Johnny D. the retrial he deserves.

And I'd like you to take the stand.

No.

No, sir. No, sir.

They are using you.

They're using you to condemn a man

that you have much more in common with than you think.

And if there's any part of you that wants to make things right,

this is the last chance you're gonna get.

The tension is high this morning here at the Baldwin County Courthouse,

where a hearing is being held to see if the man convicted

of killing Ronda Morrison deserves a new trial.

Miss Morrison was only 18 years old

when she was murdered at Jackson Cleaners in Monroeville, Alabama.

Many have taken the two-hour drive here from Monroeville to show their support.

Extra security precautions were implemented

due to the highly emotional nature of this case.

Ronda Morrison's parents said they have no doubt

Mr. McMillian is the man responsible for the murder of their daughter,

but members of McMillian's family claim they have the wrong man.

Much of today's hearing is hinging on the testimony of Ralph Myers,

a convicted felon who was the key witness

against McMillian in the original trial.

What we'll be talking about today is obviously an emotional issue.

And if any of y'all don't think you can maintain

a reasonable degree of decorum...

then I would ask you to leave now.

All right, if we're ready, then, we will proceed.

Mr. Stevenson.

Thank you, Your Honor.

The state's case against Walter McMillian

turned entirely on the testimony of Ralph Myers.

There was no other evidence to establish Mr. McMillian's guilt.

No physical evidence linking him to the crime.

No motive. No witnesses.

Only the word of one man.

We call Ralph Myers to the stand.

Sir, please stand and place your right hand on the Bible.

You swear to tell the truth, the whole truth,

and nothing but the truth, so help you God?

Mr. Myers?

Oh, yes. Sorry.

The guards got me up about 2:00 in the morning to get me out here.

Mr. Myers, did you testify against Walter McMillian

in August of 1988?

Is that when it was?

According to the record, yes.

Okay, then, sure. If you say so.

And what did you say to the jury when you testified?

I don't think I can fully remember, sir,

to be honest with you. Sorry.

No, that's quite all right.

I have a transcript of your testimony right here.

At the trial, do you remember testifying

that you were unwillingly made part of a capital murder

and robbery on November 1st, 1986

when Walter McMillian saw you at a car wash

and asked you to drive his truck because his arm hurt?

Yes, sir, I guess so.

Do you remember saying that you drove Mr. McMillian to Jackson Cleaners,

subsequently went into the building

and saw Mr. McMillian with a gun,

standing over the body of Ronda Morrison?

Yes, sir.

Mr. Myers, was the testimony that you gave

at Walter McMillian's trial true?

I don't know.

You don't know?

I don't think I remember.

Mr. Myers, do you know who Walter McMillian is?

Yes, sir.

Is he in this room?

Yes, sir.

Could you point him out for us?

I'd like to ask you that question one more time.

Was the testimony that you gave at Walter McMillian's trial true?

No, sir. Not at all.

Order, please.

Did you see Mr. McMillian on the day Ronda Morrison was murdered?

No, sir.

Did you drive his truck to Monroeville that day?

No. Never did.

Did you go into Jackson Cleaners

and see Mr. McMillian standing over the body of Ronda Morrison?

Absolutely not.

Thank you.

No further questions, Your Honor.

Mr. Myers...

how do we know you ain't upset with the deal you got

and you feel like somehow by...

changing your story, might help to get you out?

Because that just don't make no sense, sir.

Who do you think is deciding what happens to me?

If I live or die?

It ain't me. It ain't Johnny D.

It's all y'all that's deciding that, so...

how's my saying what I'm saying gonna help to get me out?

If anything, it's gonna help get me to death row.

But I don't care.

Y'all can do what you want with me.

'Cause me...

I can look in your face

or anybody else's face, dead eye to eyeball

and say that anything I told about Mr. McMillian...

was a lie.

He's here 'cause of me.

And I sure would appreciate you sending him home

to his kids where he belongs.

We submit a copy of the official log

from the police officer that stopped by the fish fry,

confirming Walter McMillian was there with his family.

Mr. Myers said that the body was faceup near the front counter.

But I found her facedown in the back, by the bathroom.

Submitting exculpatory records from Ralph Myers' stay

at the Taylor Hardin psychiatric hospital.

Which the state did not disclose to defense counsel.

Mr. Myers was my patient at the time,

and he claimed on numerous occasions

that he was being threatened with the electric chair

if he didn't say what the authorities wanted to hear.

The prosecutor asked me to testify

that she had been drugged from the front to the back.

And I told him, "I ain't gonna lie in court."

And then, well, a few weeks later, I got fired from the department.

All of the evidence presented today

would have been critical to the outcome of this case.

And its exclusion is a clear violation of Brady v. Maryland

and Mr. McMillian's constitutional rights.

The truth has not been told in this case.

And I understand a lot of time has gone by...

but I personally believe that it's never too late for justice.

We ask the court to grant our motion and order a new trial for Mr. McMillian.

Thank you, Your Honor.

Thank you, Counselors.

We'll reconvene at a later date

once I've had time to look through everything.

All rise.

Tell you the truth, I didn't think he was gonna go through with it.

Honestly, for a second there, I didn't think so either.

I can't even tell you how I feel right now.

Thank you.

We got a few minutes if y'all wanna say hi.

We leave in five minutes.

What's up, old man?

- You did great. - Thank you.

Mmm-hmm. Chapman ought to call you tonight

and tell you that he's dropping all them charges.

Yeah, I wouldn't hold my breath.

Upon the reading of my decision,

I expect the rules of decorum in this courtroom to be upheld.

Ralph Myers took the stand before this court,

swore to tell the truth,

and proceeded to recant most,

if not all of the relevant portions of his testimony at trial.

Clearly, he has either perjured himself at trial,

or in front of this court.

After careful review,

it is this court's opinion

that conclusive evidence has not been provided

that Ralph Myers perjured himself at the original trial

and that pressure put on him since his trial testimony

could tend to discredit his recantation.

Therefore, it is ordered, adjudged and decreed

that the trial testimony of Ralph Myers

is not found to have been perjured testimony,

and no new trial shall be granted...

- It's not over. - ...at this time.

Walter McMillian shall be returned to Holman Correctional Facility,

where he is to face death by electrocution.

You can't do this to us again, Judge.

Sit down, young man.

- John... - This is my dad, sir.

John. I want you to sit down now.

He ain't do nothing wrong.

Listen to your father. Not here.

He ain't do nothing wrong.

Sit down right now

or you'll be arrested for contempt of court.

Judge, just give me one second. Please, Judge. Hold on one second.

Sit down, John.

I won't say it again. Sit down!

Not if you gonna kill my dad for no reason.

Not if you gonna kill my dad for no reason!

He ain't do nothing wrong!

Not in here. Not like this.

You killing my family, sir.

You killing my family, sir. You!

John!

Judge! Judge! He's not resisting.

- John! - He ain't do nothing.

Stop resisting.

You hear me? Don't you let them get you.

It's gonna be all right.

Come on. Let's get you home.

Come on, man, don't make this hard.

Come on.

No. Don't do this, McMillian. Come on. Go in.

Johnny D., no! No!

Johnny D., no!

Johnny...

Relax. Relax. Relax.

Give me your arm. Give me...

Get him cuffed! Get him cuffed.

Relax.

Good job.

No more

Auction

Block for me

No more

No more

No more

Auction

Block for me

Nobody wants to remember

that this is where thousands of enslaved people

were shipped in and paraded up the street to be sold.

Just ten miles from here,

black people were pulled from their homes and lynched.

Nobody talks about it.

And now this black boy from Delaware walks into their courtrooms

and expects them to admit they convicted an innocent black man.

I promised that whole community I was gonna bring him home.

Then I just made things worse.

I've heard a lot of lawyers say

it's not a good idea to get close to your clients.

Distance is healthy.

But working with you showed me that that's bullshit.

You choose to get close to every one of them.

And you love them like they are your family.

And when your family is hurting, you're hurting.

There is no way that I could fully understand

what it is that you're going through.

But I am pretty sure that...

you mean a lot more to this community than you think.

Walter, I'm so sorry.

Day I got arrested, I thought I was gonna be okay.

'Cause I got the truth.

Soon as they talk to everybody that was with me,

they gonna have to let me go.

Then the police keep calling you a killer.

Some white dude say he saw you do it.

News people saying you did it.

Judge and jury saying you did it.

Now you on the row...

two, three, four years.

Your friends and your kids ain't calling you like they used to.

After a while, you start wondering what they think about you.

You start wondering what you think about you.

The truth ain't so clear no more.

But these last few days...

I can't stop thinking about Myers up there.

Telling everybody how it went down.

That's the first time I feel like myself since I've been locked up.

The first time I remember who I is.

These fools gonna do what they gonna do.

But if they take me to that chair tonight...

I'm going out smiling.

'Cause I got my truth back.

You gave that to me.

To me and my family.

And ain't nobody gonna take that from us.

You ain't quitting, is you?

No, sir.

Then there ain't no reason for you to say you're sorry.

I know how disappointing the last hearing was...

but that's not where this is gonna end.

We're preparing a motion to submit our evidence

to the state supreme court in Montgomery.

They have the power to reverse the last decision

and force the circuit court to give us a new trial.

You think they'll do that?

Nothing's guaranteed.

But I can't see how an outside court can ignore the evidence that we have.

And then what?

Even if he do get out,

everybody but us still gonna think he guilty.

If they can't kill him in there, they can still do it out here.

We've been worried about that, too.

And we're working on something to help get the truth out.

We're rolling. Whenever you're ready, Mr. Bradley.

Okay, Bryan, you ready?

I am.

His name is Walter McMillian, known to his friends as Johnny D.,

and he's been on death row in Alabama's Holman prison

for almost six years.

A jury was convinced they got the right man.

But you may not be after you watch this story.

The clerk who was murdered...

Hey, hey, turn that up! I can't hear it.

Johnny D. says they want to execute the wrong man.

- You didn't kill Ronda Morrison? - No, sir.

I never seen Ronda Morrison a day in my life.

God knows I ain't.

Did you ever go into Monroeville

- on the day of the murder? - No, sir.

- You never went in... - Never went to Monroeville, period.

I told them I had seen a young girl

laying on the floor with her mouth open,

Johnny D. standing over her.

Was it true?

No, sir. Not at all. Nowhere near true.

If an execution date is set for McMillian, and that day comes

and it's time for him to go to the electric chair,

will you be comfortable?

Yes.

I'd be comfortable with it.

Do you think it's fair, just? He had his...

He had his day in court.

He was tried by a jury.

They heard his testimony and they believed it.

Chapman says he's going to indict Myers for perjury.

Not for what he said at the trial, but for what he's saying now.

Next, we'll be presenting our evidence

to the Alabama Supreme Court,

hoping they'll see what we think is very clear...

that Walter McMillian is innocent.

McMillian's fate is now

in the hands of the Alabama Supreme Court,

which is expected to decide soon if he's entitled to a new trial.

EJI, this is Brenda.

Okay. I'll let him know. Thank you.

The supreme court ruling in the McMillian case

is ready to be picked up.

I'll be back.

You're welcome.

A wave of shock rolled through Monroe County today

when the Alabama Supreme Court

overturned the circuit court's previous decision

and granted a new trial to convicted killer Walter "Johnny D." McMillian.

This was the first time a court outside the county

was shown the overwhelming evidence proving Mr. McMillian's innocence.

Though the court granted him a new trial,

we believe he deserves to be released immediately.

And that's exactly what we'll be arguing at the next hearing.

Mr. Chapman, how do you feel about today's decision?

I have no comment at this time. Thank you.

I'm looking for Attorney Bryan Stevenson.

- Mr. Stevenson? - How can I help you?

Yes, sir, I've been ordered to serve you this pleading.

Thank you.

Tommy Chapman is asking the court to stay the proceedings

so he can open up a new investigation.

He's trying to buy time to rebuild his case.

That son of a bitch.

- Bryan? - You're asking the court

to keep a man on death row you know is innocent.

Excuse me, Counselor? I don't know what you mean.

The supreme court supports all the evidence we presented.

Every one of your witnesses recanted. You got nothing left.

Well, hang on, my investigation's still in process.

And we both know you're not gonna find anything.

Do you have any idea the bullshit...

that I've had to put up with since your 60 Minutes story aired?

I got the governor on my ass, got the NAACP calling me a racist.

I got Ronda's family checking in every five minutes.

You can't keep an innocent man in prison

while you try to salvage your reputation.

This ain't got nothing to do with my reputation.

This is about the people of this county who have hired me to keep 'em safe.

And what people are you talking about right now?

The ones from this neighborhood?

Or the ones from the black community you took Johnny D. from?

You think they feel safe?

Your job isn't to defend a conviction, Tommy.

It's to achieve justice.

And as long as you keep fighting this, someone from your county

has literally gotten away with murder.

You wanna come all the way to my house at dinner time

just to tell me how to do my job?

No. No, I'm here

because I think you know the difference between right and wrong.

And you know Johnny D. didn't kill that girl.

I'm filing a motion to dismiss all charges.

And I think that you should join it.

Next time you wanna stop by my house...

appreciate you calling me first.

Now, you get the hell off my property, Bryan.

There's Bryan.

- What's going on? - They won't let us in.

That boy is making us wait out here for over an hour.

Excuse me.

What are you doing?

Just following orders.

This is a public hearing. These people need to be let in now.

Um...

Y'all can go in now.

Now that there's no seats left.

It's okay.

We'll find room.

- Go on in. - Y'all come on.

- Excuse us. - Yeah.

Come on, y'all.

Right this way. Come on.

Okay.

Good to see you, sugar.

Okay. Thank you. Yes, ma'am.

All rise.

The 28th Judicial Circuit Court of Alabama is now in session.

The Honorable Judge Pamela Baschab presiding.

Please be seated.

We've got a full house, so let's try to move through this in a timely manner.

We're here because Mr. Stevenson has filed a motion

to dismiss all charges

against Mr. McMillian in this case.

Now, Mr. Stevenson, since it's your motion,

I'd like for you to speak to it first

and then we'll hear from the state.

It's easy to see this case as one man trying to prove his innocence.

But when you take a black man and you put him on death row

a year before his trial...

and exclude black people from serving on his jury...

When you base your conviction

on a coerced testimony of a white felon...

and ignore the testimony of two dozen law-abiding black witnesses...

When any evidence proving his innocence is suppressed

and anyone who tries to tell the truth is threatened...

this case becomes more than the trial of just a single defendant.

It becomes a test

of whether we're going to be governed by fear and by anger

or by the rule of law.

If the people standing in the back of this courtroom

are all presumed guilty when accused...

If they have to leave here and live in fear

of when this very thing will happen to them...

If we're just gonna accept the system

that treats you better if you're rich and guilty

than if you're poor and innocent,

then we can't claim to be just.

If we say we're committed to equal justice under law,

to protecting the rights of every citizen,

regardless of wealth, race, or status,

then we have to end this nightmare for Walter McMillian and his family.

The charges against him have been proven to be a false construction

of desperate people fueled by bigotry and bias...

who ignored the truth in exchange for easy solutions,

and that's not the law.

That's not justice.

That's not right.

I ask that this case be dismissed immediately, Your Honor.

Thank you.

Mr. Chapman, what is the state's position on this motion?

Your Honor, may I approach the bench?

Yes.

Your Honor, um...

I'm troubled.

- You're troubled? - Troubled.

'Cause I know that the people in this community

want to go to sleep at night

knowing that if someone has committed a terrible crime,

then that someone is gonna be punished.

But, um...

in this case...

Your Honor, I have taken another look at the evidence...

and, uh...

Mr. Chapman, please?

And the state does not object to the motion, Your Honor.

What?

To be clear, Mr. Chapman,

are you joining the motion to dismiss all charges today?

Yes, Your Honor, I am.

Order.

Please. Order.

Well, y'all have made my job easy today.

In the case of The People v. McMillian,

the court hereby grants the defendant's motion.

All charges against you are dismissed, Mr. McMillian.

What does that mean?

That means you're free.

That means you're free and you get to go home.

Hey.

Your family's coming.

I have my family back.

We're all with you, brother.

Yo, Johnny D.!

I came out of law school with grand ideas in my mind

about how to change the world.

But Mr. McMillian made me realize we can't change the world

with only ideas in our minds.

We need conviction in our hearts.

This man taught me how to stay hopeful.

Because I now know that hopelessness

is the enemy ofjustice.

Hope allows us to push forward,

even when the truth is distorted by the people in power.

It allows us to stand up

when they tell us to sit down.

And to speak when they say, "Be quiet."

Through this work, I've learned that each of us

is more than the worst thing that we've ever done.

That the opposite of poverty isn't wealth.

The opposite of poverty is justice.

That the character of our nation isn't reflected

in how we treat the rich and the privileged...

but how we treat the poor, the disfavored and condemned.

Our system has taken more away from this innocent man

than it has the power to give back.

But I believe if each of us can follow his lead...

we can change this world for the better.

If we can look at ourselves closely...

and honestly...

I believe we will see that we all need justice.

We all need mercy.

And perhaps...

we all need some measure of unmerited grace.

Thank you.

I taught you all that?

Yeah, you taught me some of that.

I'm pretty good, ain't I?

Yeah.

Great job.

Hi!

Oh, Lord, thank you, Jesus.

Thank you, Lord.

Oh, thank you, Jesus.

I'ma gonna lay down, lay down

I'ma gonna lay down, lay down

I'ma gonna lay down my life for my Lord

Yes, I'ma gonna lay down, lay down

I'ma gonna lay down, lay down

I'ma gonna lay down my life for my Lord

Oh, when them gamblers get together

How they can gamble like one another

But I'ma gonna lay down my life for my Lord

Oh, when them drunkards get together

How they can drink like one another

But I'ma gonna lay down my life for my Lord

Yes, I'ma gonna lay down my life

Oh, yes, I'm gonna lay down my

Lord, I'm gonna lay down my life for my Lord

And John said to lay down my life

Yes, he said, "Lay down, lay down"

John said to lay down my life for my Lord

Luke said to lay down, lay down

Oh, Luke said to lay down, lay down

Yeah, Luke said to lay down my life for my Lord

Oh, when them dicers get together

How they economize one another

But I'ma gonna lay down my life for my Lord

Oh, when them dicers get together

How they economize one another

But I'ma gonna lay down my life for my Lord

Oh, when them liars get together

How they can lie like one another

But I'ma gonna lay down my life for my Lord

Yes, I'ma gonna lay down, lay down

I'ma gonna lay down, lay down

I know I'm gonna lay down my life for my Lord

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