Original subtitles

A senseless crime. >> They were killing people for

>> they were killing people for that.

That. >> A young man is arrested in

>> a young man is arrested in the deep south.

The deep south. >> I've never met a criminal in

>> I've never met a criminal in my life that was guilty.

My life that was guilty. >> Shot that guy, no doubt.

>> Shot that guy, no doubt. >> But when evidence of

>> but when evidence of innocence emerges --

innocence emerges -- >> there was so much lying --

>> there was so much lying -- >> a perfect storm of ignorance

>> a perfect storm of ignorance and deceit.

And deceit. >> -- The state's case unravels.

>> -- The state's case unravels. >> Whatever you put up on my

>> whatever you put up on my child, you put up on me.

Child, you put up on me. >> Why you so hellbent on trying

>> why you so hellbent on trying to kill me?

To kill me? >> There's a body in the water.

>> There's a body in the water. >> He was butchered and

>> he was butchered and murdered.

Murdered. >> Many people proclaim their

>> many people proclaim their innocence.

Innocence. >> In this case, there are a

>> in this case, there are a number of things that stink.

Number of things that stink. >> This man is remorseless.

>> This man is remorseless. >> He needs to pay for it with

>> he needs to pay for it with his life.

His life. >> The electric chair flashed in

>> the electric chair flashed in front of my eyes.

Front of my eyes. >> Get a conviction at all

>> get a conviction at all costs.

Costs. Let the truth fall where it may.

>>> New Albany, Mississippi, is a quiet, close-knit community,

a quiet, close-knit community, located just south of the

located just south of the Tennessee border.

Tennessee border. At 5:00 in the morning, on may

at 5:00 in the morning, on may 15th, 2000, the tranquillity of

15th, 2000, the tranquillity of this peaceful town was

this peaceful town was shattered.

Shattered.

>> Just prior to daylight, I received a call from our

received a call from our dispatch center that there had

dispatch center that there had been a shooting on the north

been a shooting on the north side of new Albany.

Side of new Albany. When I arrived on the scene, I

when I arrived on the scene, I noticed there was a vehicle that

noticed there was a vehicle that had run off the street and

had run off the street and actually hit a car parked in a

actually hit a car parked in a driveway.

Driveway. >> Inside the car, police found

>> inside the car, police found 61-year-old newspaper carrier,

61-year-old newspaper carrier, David pernecessll, shot in the

David pernecessll, shot in the chest.

Chest. >> You could tell the gunshot

>> you could tell the gunshot wound was at a close range.

Wound was at a close range. There was some money strewn in

there was some money strewn in the floorboard of the car.

The floorboard of the car. I thought this was probably a

I thought this was probably a robbery attempt.

Robbery attempt. We got extremely lucky that

we got extremely lucky that there was a neighbor that was up

there was a neighbor that was up in his kitchen drinking coffee

in his kitchen drinking coffee and saw what had transpired on

and saw what had transpired on the street in front of his

the street in front of his house.

House. >> Got up this morning and I

>> got up this morning and I heard a horn blowing and looked

heard a horn blowing and looked out my window and saw two cars

out my window and saw two cars stopped right here in my front

stopped right here in my front yard.

Yard. And a passenger from the rear

and a passenger from the rear car came out and shot the fella

car came out and shot the fella in the front seat.

In the front seat. Raised his arms, lowered his

raised his arms, lowered his arms, pulled the pistol out and

arms, pulled the pistol out and shot him.

Shot him. >> Eyewitness Charles rice

>> eyewitness Charles rice called 911 and reported the

called 911 and reported the shooter as a young,

shooter as a young, African-American man.

African-American man. >> People are just shocked.

>> People are just shocked. Totally shocked.

Totally shocked. Homicides are very unusual here.

Homicides are very unusual here. >> Most people here know each

>> most people here know each other.

Other. And especially Mr. Pernell.

And especially Mr. Pernell. He had worked at the post office

he had worked at the post office 40 years until he retired.

40 years until he retired. Just kind of staggered as a

just kind of staggered as a community.

Community. >> There will be justice.

>> There will be justice. There will be.

There will be. I believe in the system, and

I believe in the system, and it's just hard to comprehend at

it's just hard to comprehend at a time like this.

A time like this. >> Less than 12 hours after the

>> less than 12 hours after the murder, 19-year-old Curtis lips

murder, 19-year-old Curtis lips see and 18-year-old Adam ray

see and 18-year-old Adam ray walked into the new Albany

walked into the new Albany police station ready to confess.

Police station ready to confess. >> I said, Curtis, I've known

>> I said, Curtis, I've known you since you were a kid.

You since you were a kid. And I said, I don't want you to

and I said, I don't want you to lie to me, I just want you to

lie to me, I just want you to tell the truth.

Tell the truth. And I said, Mr. Kim, I'm not

and I said, Mr. Kim, I'm not going to lie to you.

Going to lie to you. Marlin shot that guy and me and

marlin shot that guy and me and Adam saw it.

Adam saw it. >> Lipsy and ray said they had

>> lipsy and ray said they had driven around the night before,

driven around the night before, with 20-year-old marlin howell,

with 20-year-old marlin howell, and marlin had pulled the

and marlin had pulled the trigger.

Trigger. >> I knew that both of them were

>> I knew that both of them were very scared of marlin.

Very scared of marlin. >> We had marlin on a previous

>> we had marlin on a previous narcotics violation.

Narcotics violation. We placed him under arrest.

We placed him under arrest. When we interrogated marlin, he

when we interrogated marlin, he was nervous.

Was nervous. He didn't want to make a

he didn't want to make a statement.

Statement. Didn't want to say anything.

Didn't want to say anything. >> Of course, we asked him,

>> of course, we asked him, where were you last night?

Where were you last night? And he was with a girl.

And he was with a girl. He would never tell US who she

he would never tell US who she was.

Was. He was very evasive at that

he was very evasive at that point.

Point. He said, I just don't remember

he said, I just don't remember her name.

Her name. >> When you're dealing with a

>> when you're dealing with a case of this magnitude, you want

case of this magnitude, you want all the evidence you can get.

All the evidence you can get. So we had decided to put Mr.

So we had decided to put Mr. howell in a lineup to see if Mr.

Howell in a lineup to see if Mr. rice could identify him.

Rice could identify him. >> You know, Charles rice picked

>> you know, Charles rice picked him out like that.

Him out like that. >> Curtis lipsy and Adam ray

>> Curtis lipsy and Adam ray pleaded guilty to manslaughter

pleaded guilty to manslaughter and were both sentenced to 30

and were both sentenced to 30 years in prison.

Years in prison. Marlin howell would face the

marlin howell would face the death penalty.

Death penalty. >> I knew marlin's father, and

>> I knew marlin's father, and he called me about marlin and

he called me about marlin and the charges against him.

The charges against him. Codefendants were cutting a deal

codefendants were cutting a deal to keep from getting the death

to keep from getting the death penalty.

Penalty. There was never an offer on

there was never an offer on marlin to plead guilty.

Marlin to plead guilty. I thought he needed help.

I thought he needed help. >> Marlin's trial began on march

>> marlin's trial began on march 21st, 2001.

21st, 2001. District attorney Jim hood would

district attorney Jim hood would prosecute the case.

Prosecute the case. >> Anybody who was ever -- had

>> anybody who was ever -- had to face Jim hood as district

to face Jim hood as district attorney knows he's a fighting

attorney knows he's a fighting d.A.

D.a. He is going to do whatever it

he is going to do whatever it takes to get a conviction.

Takes to get a conviction. >> Jim hood presented damning

>> Jim hood presented damning testimony from occurtis lipsy w

testimony from occurtis lipsy w said he and Adam picked up

said he and Adam picked up marlin howell at 11:00 P.M.

Marlin howell at 11:00 P.M. after a long night of drinking

after a long night of drinking and smoking marijuana, they came

and smoking marijuana, they came upon pernell at 5:00 A.M., and

upon pernell at 5:00 A.M., and marlin shot him.

Marlin shot him. >> Mr. Rice said he only saw two

>> Mr. Rice said he only saw two people in the car.

People in the car. And according to ray and lipsy,

and according to ray and lipsy, there's three in the car.

There's three in the car. If there was anybody present, it

if there was anybody present, it was ray and lipsy.

Was ray and lipsy. >> The defense argued that

>> the defense argued that marlin had left ray and lipsy

marlin had left ray and lipsy earlier in the evening and was

earlier in the evening and was miles away when the shooting

miles away when the shooting occurred.

Occurred. >> Marlin was at home at that

>> marlin was at home at that time.

Time. And his dad and sister both said

and his dad and sister both said they heard him coming in the

they heard him coming in the house.

House. But they didn't see him.

But they didn't see him. >> Marlin would always come home

>> marlin would always come home right at 2:00, 2:30, somewhere

right at 2:00, 2:30, somewhere in that.

In that. That particular night, I could

that particular night, I could hear, and then he would watch TV

hear, and then he would watch TV until he fell asleep.

Until he fell asleep. >> To think you're innocent,

>> to think you're innocent, that's only natural.

That's only natural. The hardest people to convince

the hardest people to convince of guilt is mom and daddy.

Of guilt is mom and daddy. Mr. Rice was 100% positive that

Mr. Rice was 100% positive that marlin howell was the shooter.

Marlin howell was the shooter. >> The jury's decision was

>> the jury's decision was unanimous.

Unanimous. Death by lethal injection.

Death by lethal injection. >> The way to get away with

>> the way to get away with something is for you to do it

something is for you to do it and go straight to the police

and go straight to the police and say that guy did it.

And say that guy did it. Because whoever gets to the

because whoever gets to the police first gets to go home.

Police first gets to go home. So you pick marlin as the fall

so you pick marlin as the fall guy.

Guy. And we ain't never seen no proof

and we ain't never seen no proof that he did this.

That he did this. >> The person was asked on the

>> the person was asked on the stand, could I get a fair trial.

>>> Marlin howell arrived on death row in parchman,

death row in parchman, Mississippi, on march 31st,

Mississippi, on march 31st, 2001.

2001. It was the day before his 21st

it was the day before his 21st birthday.

Birthday. >> They want me --

>> The cell that they got him housed in is not fit for any

housed in is not fit for any human.

Human. It's very hot in the summer,

it's very hot in the summer, very cold in the winter.

Very cold in the winter. When I go and visit marlin, I

when I go and visit marlin, I make it a fun time.

Make it a fun time. I do my little fanfare dance.

I do my little fanfare dance. And that just tickles him.

And that just tickles him. >> Marlin was raised the

>> marlin was raised the youngest of four children.

Youngest of four children. He was popular in school and a

he was popular in school and a natural athlete.

Natural athlete. >> He would just in his song

>> he would just in his song when he played football to the

when he played football to the point Mississippi state wanted

point Mississippi state wanted him to come to one of their

him to come to one of their camps.

Camps. I wanted him to be my pro.

I wanted him to be my pro. That's what I thought it was

that's what I thought it was leading up to.

Leading up to. >> I had all the girls, man.

>> I had all the girls, man. That's how I used to kick it all

that's how I used to kick it all the time.

The time. We dated my first, you know,

we dated my first, you know, like a lot.

Like a lot. >> It's frowned upon in

>> it's frowned upon in Mississippi.

Mississippi. A lot of people believe that

a lot of people believe that white people should be with

white people should be with white people and black people

white people and black people should be with black people.

Should be with black people. We didn't care, we would be out

we didn't care, we would be out with them.

With them. >> Dating white people in new

>> dating white people in new Albany drew unwanted attention

Albany drew unwanted attention to marlin.

To marlin. >> In the generation I grew up

>> in the generation I grew up in, they put a stigma on

in, they put a stigma on interracial dating.

Interracial dating. But the older people, of course,

but the older people, of course, when they would find out, some

when they would find out, some of the teachers or some of the

of the teachers or some of the kids, parents, they raised pure

kids, parents, they raised pure hell about it.

Hell about it. >> I was concerned back then

>> I was concerned back then when I came through, they were

when I came through, they were killing people for that.

Killing people for that. And, of course, marlin said,

and, of course, marlin said, daddy, you old-school.

Daddy, you old-school. It ain't like that now.

It ain't like that now. But a person could just smile in

but a person could just smile in your face and easily come back

your face and easily come back and try to do something to you

and try to do something to you for that.

For that. >> The cops harassed US all of

>> the cops harassed US all of the time.

The time. They pull up, search you.

They pull up, search you. Make you take your shoes off.

Make you take your shoes off. >> In the fall of 1997, marlin

>> in the fall of 1997, marlin was approached by a man and

was approached by a man and woman looking to buy marijuana.

Woman looking to buy marijuana. >> The following week, marlin

>> the following week, marlin was called to the principal's

was called to the principal's office.

Office. >> I kind of had an eerie

>> I kind of had an eerie feeling.

Feeling. When I walked into the

when I walked into the principal's office, two officers

principal's office, two officers strip searched me, put me in

strip searched me, put me in handcuffs and escorted me out of

handcuffs and escorted me out of the school.

The school. >> Marlin had been the target of

>> marlin had been the target of an undercover police officer.

An undercover police officer. Now 17, he was facing felony

now 17, he was facing felony drug charges.

Drug charges. >> They gave me a year of house

>> they gave me a year of house arrest and two years supervised

arrest and two years supervised probation.

Probation. I was a kid and I was avoiding

I was a kid and I was avoiding going to prison.

Going to prison. I never got a chance to

I never got a chance to graduate.

Graduate. >> Told him, you know, that he

>> told him, you know, that he needed to turn his life around.

Needed to turn his life around. But he still wanted to hang with

but he still wanted to hang with his friends.

His friends. >> On the night of the murder,

>> on the night of the murder, marlin was walking to a

marlin was walking to a relative's house when a car

relative's house when a car pulled up alongside him.

Pulled up alongside him. >> It was about 10:00 or 11:00.

>> It was about 10:00 or 11:00. And I saw this car pull up.

And I saw this car pull up. And I didn't have anything to

and I didn't have anything to do, so I jumped in the car.

Do, so I jumped in the car. Adam, ray, Curtis lipsy had been

Adam, ray, Curtis lipsy had been drinking.

Drinking. And I knew that Curtis was

and I knew that Curtis was intoxicated.

Intoxicated. >> At one point, marlin says

>> at one point, marlin says Adam retrieved a gun and handed

Adam retrieved a gun and handed it to Curtis.

It to Curtis. >> Curtis had pulled the chamber

>> Curtis had pulled the chamber back, and I didn't know if the

back, and I didn't know if the gun had a bullet in it or not.

Gun had a bullet in it or not. And I remember snatching the

and I remember snatching the pistol out of his hand and

pistol out of his hand and telling Adam to put the pistol

telling Adam to put the pistol in the glove compartment.

In the glove compartment. I was like, I have to get away

I was like, I have to get away from these guys.

From these guys. Dropping me off at the spot

dropping me off at the spot where they picked me up at.

Where they picked me up at. I never was with Adam or Curtis

I never was with Adam or Curtis when any shots were fired at

when any shots were fired at anybody.

Anybody. >> Just three hours after David

>> just three hours after David pernell was killed, marlin

pernell was killed, marlin appeared in court with his

appeared in court with his father for a hearing about his

father for a hearing about his probation fees.

Probation fees. >> You know, if you killed a

>> you know, if you killed a good 'ole boy, so to speak, new

good 'ole boy, so to speak, new Albany, you are a little blackey

Albany, you are a little blackey young child, you better run and

young child, you better run and hide and run quick.

Hide and run quick. And marlin, he didn't do any of

and marlin, he didn't do any of that.

That. >> You had to believe that a

>> you had to believe that a young black man killed a white

young black man killed a white man and a couple hours later

man and a couple hours later going to return to the

going to return to the courthouse?

Courthouse? I don't believe that.

I don't believe that. >> Jim hood had raised marlin's

>> Jim hood had raised marlin's probation fees at his murder

probation fees at his murder trial, arguing that marlin was a

trial, arguing that marlin was a local king pin, who robbed

local king pin, who robbed pernell in order to pay the fees

pernell in order to pay the fees from his drug arrest.

From his drug arrest. >> Jim hood tried to convince

>> Jim hood tried to convince the jury that marlin's the head

the jury that marlin's the head guy here, and that all the other

guy here, and that all the other people involved are just

people involved are just following marlin.

Following marlin. And so they came up with a

and so they came up with a motive or reason, but then never

motive or reason, but then never presented any proof, in my

presented any proof, in my opinion, that marlin actually

opinion, that marlin actually tried to commit a robbery.

Tried to commit a robbery. Somebody's got to be held

somebody's got to be held responsible.

Responsible. So marlin was the only guy that

so marlin was the only guy that they could hold responsible.

They could hold responsible. >> With marlin now on death row,

>> with marlin now on death row, his family was determined to get

his family was determined to get him a new trial.

Him a new trial. >> It was during one visitation

>> it was during one visitation that I was there with marlin, he

that I was there with marlin, he said, "mama, I will never get

said, "mama, I will never get out of this place unless you all

out of this place unless you all find me an out of state

find me an out of state attorney."

Attorney." I said, "okay.

I said, "okay. "But on the inside, "we can't

"but on the inside, "we can't afford that."

Afford that." You know.

You know. We got home that day, and my

we got home that day, and my oldest daughter called me.

Oldest daughter called me. She said, I found marlin an

she said, I found marlin an attorney.

Attorney. His name is Billy Richardson.

His name is Billy Richardson. >> Defense attorney Billy

>> defense attorney Billy Richardson Rose to prominence

Richardson Rose to prominence after freeing a man from death

after freeing a man from death row in north Carolina.

Row in north Carolina. >> Marlin's sister called my

>> marlin's sister called my office.

Office. This particular time, my

this particular time, my daughter was working with me,

daughter was working with me, and she took the call.

And she took the call. She woke me up at 5:00 in the

she woke me up at 5:00 in the morning and says, I want you to

morning and says, I want you to stand in the den, and I'm going

stand in the den, and I'm going to go out on the street, and I

to go out on the street, and I want you to see if you can

want you to see if you can distinguish my features.

Distinguish my features. So she went out on the street,

so she went out on the street, and being honest, I could not

and being honest, I could not distinguish her features, and

distinguish her features, and she was my daughter.

She was my daughter. She said, "dad, there's a case

she said, "dad, there's a case in Mississippi I want you to

in Mississippi I want you to look at, where the only evidence

look at, where the only evidence was this eyewitness."

Was this eyewitness." Well, you can't see what he says

well, you can't see what he says he saw at that time.

He saw at that time. And so I started looking at the

and so I started looking at the other evidence in the case, and

other evidence in the case, and nothing added up.

Nothing added up. >> We always thought that if the

>> we always thought that if the police picked you up, then you

police picked you up, then you were guilty.

Were guilty. Until my eyes came open to the

until my eyes came open to the truth about how the law operates

truth about how the law operates and how cruel and underhanded

and how cruel and underhanded they could be.

>>> Three years after marlin howell landed on death row, he

howell landed on death row, he t

t took the case free of charge.

Took the case free of charge. >> Looked out his window at 5:00

>> looked out his window at 5:00 in the morning.

In the morning. We hired one of the foremost

we hired one of the foremost experts in the country on cross

experts in the country on cross racial identification and on

racial identification and on lighting.

Lighting. We asked the neighbors to turn

we asked the neighbors to turn all the porch lights on, we made

all the porch lights on, we made sure all the streetlights were

sure all the streetlights were working.

Working. >> Chuck mims, former police

>> Chuck mims, former police chief, was Billy's investigator

chief, was Billy's investigator on the case.

On the case. >> It's a considerable distance

>> it's a considerable distance out to the center of the street

out to the center of the street from inside the house.

From inside the house. There are shrubs in front of the

there are shrubs in front of the house.

House. A person standing out in the

a person standing out in the street, other than the fact that

street, other than the fact that I knew him, couldn't even have

I knew him, couldn't even have told you if they had a pair of

told you if they had a pair of glasses on.

Glasses on. >> And the expert said, it was

>> and the expert said, it was humanly impossible for the

humanly impossible for the eyewitness to pick out marlin on

eyewitness to pick out marlin on that one encounter.

That one encounter. >> There was no question it was

>> there was no question it was dark when this crime happened.

Dark when this crime happened. The lighting was good enough

the lighting was good enough that you could see what happened

that you could see what happened on the street.

On the street. Plus, you had the car lights.

Plus, you had the car lights. You've got to remember that.

You've got to remember that. I was confident in my mind that

I was confident in my mind that Mr. Rice could identify someone

Mr. Rice could identify someone at that car.

At that car. >> Billy decided to take a

>> Billy decided to take a closer look at eyewitness

closer look at eyewitness Charles rice.

Charles rice. >> One of the basic things the

>> one of the basic things the defense attorney has got to do

defense attorney has got to do when there is no physical

when there is no physical evidence in the case and it's

evidence in the case and it's all based on eyewitness

all based on eyewitness identification, is to do a basic

identification, is to do a basic background investigation on the

background investigation on the eyewitness.

Eyewitness. That wasn't done in this case.

That wasn't done in this case. >> And we found several felony

>> and we found several felony crimes that Charles rice was

crimes that Charles rice was charged and convicted with.

Charged and convicted with. >> The jury in Wayne rice's

>> the jury in Wayne rice's credibility needed to know that

credibility needed to know that the witness they were relying on

the witness they were relying on was sentenced to prison for

was sentenced to prison for breaking in people's homes and

breaking in people's homes and stealing their guns.

Stealing their guns. And while he was in prison, he

and while he was in prison, he was a member of a white

was a member of a white supremacist group.

Supremacist group. >> Charles rice was presented as

>> Charles rice was presented as a model citizen.

A model citizen. So they didn't have any reason

so they didn't have any reason not to believe him.

Not to believe him. >> You know, in criminal trials,

>> you know, in criminal trials, unfortunately, you don't have

unfortunately, you don't have many preachers and sunday school

many preachers and sunday school teachers as witnesses.

Teachers as witnesses. If it hadn't had been for Mr.

If it hadn't had been for Mr. rice, it would have been much

rice, it would have been much more difficult.

More difficult. >> I felt it odd they did a

>> I felt it odd they did a lineup with marlin.

Lineup with marlin. In my entire career, I've never

in my entire career, I've never known but one or two live

known but one or two live lineups.

Lineups. >> I am a retired police chief

>> I am a retired police chief with approximately 32 years of

with approximately 32 years of ser

ser service.

Service. As a police officer, you're

as a police officer, you're trained -- every participant in

trained -- every participant in the lineup needs to be

the lineup needs to be relatively the same.

Relatively the same. You don't want to make anyone

you don't want to make anyone stand out in the lineup.

Stand out in the lineup. Particularly your suspect.

Particularly your suspect. >> When you look at it, you have

>> when you look at it, you have a short man, short man, marlin,

a short man, short man, marlin, who is 6'2", short man, short

who is 6'2", short man, short man.

Man. And prison, you have on flip

and prison, you have on flip flops.

Flops. You have orange flip flops,

you have orange flip flops, orange flip flops.

Orange flip flops. Marlin, they make marlin take

marlin, they make marlin take his orange flip-flops off and

his orange flip-flops off and put tennis shoes on.

Put tennis shoes on. >> It makes you look at him, and

>> it makes you look at him, and even if you're not sure any

even if you're not sure any more, it's easy to say,

more, it's easy to say, that's the one that did it.

That's the one that did it. Why would you do that?

Why would you do that? Did you not know better, or did

did you not know better, or did you intentionally do it?

You intentionally do it? >> Were you aware at the time

>> were you aware at the time that marlin was wearing a

that marlin was wearing a different set of shoes than

different set of shoes than everybody else in the lineup?

Everybody else in the lineup? >> I was not aware at the time.

>> I was not aware at the time. >> Do you think that could have

>> do you think that could have influenced Mr. Rice in some

influenced Mr. Rice in some particular element?

Particular element? >> I would -- if he saw his

>> I would -- if he saw his feet -- I'm not sure he could

feet -- I'm not sure he could see his feet from where he was

see his feet from where he was standing.

Standing. >> But if he could --

>> but if he could -- >> if he could, I mean,

>> if he could, I mean, naturally.

Naturally. I would think.

I would think. >> I don't think they thought

>> I don't think they thought rice could pick him out.

Rice could pick him out. They made it easy for him.

They made it easy for him. They made it real easy for him.

They made it real easy for him. >> If Billy could prove

>> if Billy could prove eyewitness Charles rice didn't

eyewitness Charles rice didn't clearly see the shooter, and

clearly see the shooter, and that his identification had been

that his identification had been influenced, the courts would

influenced, the courts would have to consider granting marlin

have to consider granting marlin a new trial.

A new trial. >> I wanted to question rice.

>> I wanted to question rice. And the minute I met him, you

and the minute I met him, you could tell he was struggling

could tell he was struggling with this.

With this. And I showed him the light

and I showed him the light measurements.

Measurements. And I said, do you honestly

and I said, do you honestly believe you saw what you saw

believe you saw what you saw that night?

That night? And then out of the blue, he

and then out of the blue, he goes, you know, I do have doubts

goes, you know, I do have doubts about this.

About this. And that's when I said, are you

and that's when I said, are you willing to sign an affidavit?

Willing to sign an affidavit? >> Before you sign this, look me

>> before you sign this, look me in the eye.

In the eye. Tell me I have not coerced.

Tell me I have not coerced. >> You have not coerced in any

>> you have not coerced in any way.

>> With rice's recantation, Billy had stroke a blow to the

Billy had stroke a blow to the prosecution's case.

Prosecution's case. But Curtis needed to figure out

but Curtis needed to figure out why lipsy and Adam ray

why lipsy and Adam ray finishinged him as the shooter.

>> And then interrogated, you know, pressured and threatened

know, pressured and threatened and they told me, you know what

and they told me, you know what I'm saying, that I am going to

I'm saying, that I am going to do some time but they could cut

do some time but they could cut me a break by telling them --

>>> In the summer of 2005, Billy Richardson had his first

Richardson had his first breakthrough when star witness

breakthrough when star witness Charles rice reversed his

Charles rice reversed his testimony.

Testimony. This left the statements of

this left the statements of kurtis lipsy and Adam ray as the

kurtis lipsy and Adam ray as the only remaining evidence against

only remaining evidence against marlin.

Marlin. After serving 17 years in

after serving 17 years in prison, Adam ray was paroled in

prison, Adam ray was paroled in 2018.

2018. >> I just heard a gunshot, and

>> I just heard a gunshot, and then when I heard the gunshot, I

then when I heard the gunshot, I left the scene and went home.

Left the scene and went home. At first, they tried to blame it

at first, they tried to blame it on lipsy and me.

On lipsy and me. That lipsy was the one that got

that lipsy was the one that got out and did the killing.

Out and did the killing. And then they changed it up and

and then they changed it up and said it was me.

Said it was me. Me and lipsy.

Me and lipsy. We never got out of the car,

we never got out of the car, period.

Period. Lipsy was in the back seat

lipsy was in the back seat asleep.

Asleep. Both of US were intoxicated.

Both of US were intoxicated. Marlin had got out to talk to a

marlin had got out to talk to a friend of his or somebody.

Friend of his or somebody. I'm not paying attention, i'm

I'm not paying attention, i'm playing with the radio.

Playing with the radio. I can't say that you killed

I can't say that you killed somebody if I didn't witness it,

somebody if I didn't witness it, if I didn't see you get out with

if I didn't see you get out with a gun, walk up to a car and

a gun, walk up to a car and shoot them.

Shoot them. They told me I would get life or

they told me I would get life or death.

Death. And that if I plead out, I would

and that if I plead out, I would get 20 years.

Get 20 years. You know, you're facing life or

you know, you're facing life or death and that right there, my

death and that right there, my heart -- started beating real

heart -- started beating real hard.

Hard. >> Though Adam ray admitted he

>> though Adam ray admitted he only named marlin to avoid the

only named marlin to avoid the death penalty, Billy did not

death penalty, Billy did not believe he was telling the

believe he was telling the complete truth.

Complete truth. >> It's their gun.

>> It's their gun. It's their car.

It's their car. Codefendants like that that are

codefendants like that that are in deep trouble, know they're in

in deep trouble, know they're in deep trouble, would do anything

deep trouble, would do anything they can to please the

they can to please the prosecutor, including tell lies.

Prosecutor, including tell lies. >> Charles rice had reported

>> Charles rice had reported seeing only two people in the

seeing only two people in the getaway car.

Getaway car. Billy visited Curtis lipsy in

Billy visited Curtis lipsy in prison for more answers.

Prison for more answers. >> The first statement that you

>> the first statement that you sign angered the officers.

Sign angered the officers. Told you were going to get death

told you were going to get death or life and you didn't

or life and you didn't cooperate.

Cooperate. >> Yeah.

>> Yeah. >> Some kind of a game being

>> some kind of a game being played.

Played. I really did not know at the

I really did not know at the time of the shooting.

Time of the shooting. >> Ray and lipsy said they wrote

>> ray and lipsy said they wrote statements.

Statements. And both of those statements

and both of those statements don't even mention marlin in

don't even mention marlin in them.

Them. For some reason, Tim Kent and

for some reason, Tim Kent and chief Grisham decided that those

chief Grisham decided that those statements were unreliable.

Statements were unreliable. Now, the last I checked, that's

now, the last I checked, that's evidence.

Evidence. Prior to consistent statements

prior to consistent statements go directly to the truthfulness

go directly to the truthfulness of a witness.

Of a witness. >> They sure weren't pressured

>> they sure weren't pressured in my presence.

In my presence. And I don't think they were

and I don't think they were pressured in investigator Kent's

pressured in investigator Kent's presence, either.

Presence, either. I think their statements were

I think their statements were strictly voluntary.

>> In 2013, Billy's discovery swayed the court to reconsider

swayed the court to reconsider marlin's case.

Marlin's case. At the circuit court, marlin

at the circuit court, marlin received a hearing to determine

received a hearing to determine if he deserved a new trial.

If he deserved a new trial. >> We raised about 50 issues.

>> We raised about 50 issues. They gave US a hearing on three.

They gave US a hearing on three. >> Patsy brumfield covered the

>> patsy brumfield covered the proceeding for "the daily

proceeding for "the daily journal."

Journal." >> Jim hood, as the attorney

>> Jim hood, as the attorney general for the state of

general for the state of Mississippi, had returned in

Mississippi, had returned in glory to prosecute a case that

glory to prosecute a case that he was proud of so that

he was proud of so that everybody would know he was

everybody would know he was still the man.

Still the man. >> Jim hood is a formidable

>> Jim hood is a formidable opponent.

Opponent. It was very apparent to me that

it was very apparent to me that we had an uphill battle.

We had an uphill battle. When rice testified, he recants

when rice testified, he recants the recantation, and he said, at

the recantation, and he said, at first I intentionally lied when

first I intentionally lied when I signed your affidavit.

I signed your affidavit. Because I was just trying to get

because I was just trying to get rid of you.

Rid of you. Well, if that's the case, why

well, if that's the case, why wouldn't you just say, "get the

wouldn't you just say, "get the heck out of my house."

Heck out of my house." >> Defense investigator Chuck

>> defense investigator Chuck mims watched the testimony from

mims watched the testimony from the back of the courtroom.

The back of the courtroom. >> Billy's going at rice, and

>> Billy's going at rice, and they're really having a pretty

they're really having a pretty heavy exchange.

Heavy exchange. And the judge finally stopped

and the judge finally stopped and said, what are you

and said, what are you attempting to do?

Attempting to do? >> I said, your honor, he's

>> I said, your honor, he's basically saying that, you know,

basically saying that, you know, he was coerced.

He was coerced. I'm challenging his credibility.

I'm challenging his credibility. And the judge on the record

and the judge on the record said, you've already proven he's

said, you've already proven he's a liar.

A liar. What more do you need to prove?

What more do you need to prove? >> Billy also questioned police

>> Billy also questioned police chief David Grisham about how he

chief David Grisham about how he had conducted the lineup.

Had conducted the lineup. >> A critical stage in the

>> a critical stage in the proceeding.

Proceeding. So if they're going to do a live

so if they're going to do a live lineup, there had to be a lawyer

lineup, there had to be a lawyer there.

There. >> David Grisham, chief of

>> David Grisham, chief of police, testified there was an

police, testified there was an attorney present.

Attorney present. And he named an attorney by the

and he named an attorney by the name of Reagan Russell as that

name of Reagan Russell as that attorney.

Attorney. >> And I said, let's ask Mr.

>> And I said, let's ask Mr. Russell why in the world he did

Russell why in the world he did not object to that lineup.

Not object to that lineup. He goes, what are you talking

he goes, what are you talking about?

About? I've never represented anybody

I've never represented anybody in a live lineup in my life.

In a live lineup in my life. >> I never testified that I was

>> I never testified that I was absolutely 100% sure that his

absolutely 100% sure that his lawyer was at the lineup.

Lawyer was at the lineup. But that I thought he was.

But that I thought he was. He wouldn't be required to

he wouldn't be required to furnish the defendant an

furnish the defendant an attorney if he had not been

attorney if he had not been arrested and officially charged.

Arrested and officially charged. Marlin wasn't formally charged

marlin wasn't formally charged with capital murder until after

with capital murder until after the lineup.

The lineup. >> There are five different

>> there are five different places where it's clearly shown

places where it's clearly shown that marlin was under arrest for

that marlin was under arrest for capital murder.

Capital murder. Well f that's not evidence of

well f that's not evidence of being arrest for capital murder,

being arrest for capital murder, I don't know what is.

I don't know what is. >> I have not seen capital cases

>> I have not seen capital cases like that where there was so

like that where there was so much lying, and you wondered if

much lying, and you wondered if anybody had told the truth about

anybody had told the truth about anything.

Anything. >> As marlin's hearing ended, a

>> as marlin's hearing ended, a new witness was about to come

new witness was about to come forward.

Forward. >> I was there to sort of live

>> I was there to sort of live blog what was going on in court.

Blog what was going on in court. People would watch this on their

people would watch this on their computer as it happened and

computer as it happened and unfolded.

Unfolded. >> And then all of a sudden, she

>> and then all of a sudden, she gives me a motion.

Gives me a motion. Come over here.

Come over here. And I walk over, and she said,

and I walk over, and she said, "read this."

"Read this." >> A woman commented at the end

>> a woman commented at the end of one of my website posts about

of one of my website posts about the hearing.

The hearing. >> I look at the screen, and the

>> I look at the screen, and the screen says, as "as god as my

screen says, as "as god as my witness, marlin

>>> The first time I met marlin, I said, marlin, I'm sure you're

I said, marlin, I'm sure you're going to tell me you're not

going to tell me you're not guilty.

Guilty. Where were you if you weren't at

where were you if you weren't at that murder?

That murder? Where were you?

Where were you? And his answer was, "I was with

and his answer was, "I was with a girl."

A girl." "Okay, who was she?"

"Okay, who was she?" He said, "I will tell you.

He said, "I will tell you. Honestly, I had been smoking

honestly, I had been smoking marijuana and I don't remember."

Marijuana and I don't remember." >> On the last day of marlin's

>> on the last day of marlin's hearing, mims came across a

hearing, mims came across a comment posted online from a

comment posted online from a woman who claimed she was with

woman who claimed she was with marlin the night of the

marlin the night of the shooting.

Shooting. >> She said, "marlin howell did

>> she said, "marlin howell did not commit this crime.

Not commit this crime. I took him home that night."

I took him home that night." And it had the name of Sonia

and it had the name of Sonia gambles with it.

Gambles with it. And within five minutes, I had

and within five minutes, I had la Sonia gambles on the

la Sonia gambles on the telephone in south Carolina.

Telephone in south Carolina. And she said, "he called my

and she said, "he called my house.

House. I think it was about 2:00 in the

I think it was about 2:00 in the morning."

Morning." >> this is the 18th of April,

>> this is the 18th of April, somerville, south Carolina,

somerville, south Carolina, interview with Ms. La Sonia

interview with Ms. La Sonia Renee gambles.

Renee gambles. Do you know about what time you

do you know about what time you left blue mountain to go into

left blue mountain to go into new Albany?

New Albany? >> Probably about 1:30, 2:00

>> probably about 1:30, 2:00 that morning.

That morning. Probably earlier.

Probably earlier. >> Okay.

>> Okay. When you picked him up, where

when you picked him up, where did you go?

Did you go? >> I went to the north side.

>> I went to the north side. It's a store called quick trip.

It's a store called quick trip. That's where I picked him up.

That's where I picked him up. >> Did you know about what time

>> did you know about what time you got him to his house?

You got him to his house? >> Um -- we probably got there

>> um -- we probably got there almost 3:00, if not before.

Almost 3:00, if not before. >> La Sonia's testimony matched

>> la Sonia's testimony matched the alibi from marlin's family,

the alibi from marlin's family, who insisted he arrived home

who insisted he arrived home before the 5:00 A.M. shooting.

Before the 5:00 A.M. shooting. >> When he called me, I was just

>> when he called me, I was just trying to help a friend out.

Trying to help a friend out. And then when it happened, you

and then when it happened, you know, I felt like I needed to

know, I felt like I needed to say something.

Say something. But I was advised not to say

but I was advised not to say anything.

Anything. >> Who advised you?

>> Who advised you? >> One of the police officers

>> one of the police officers came to the school and told me

came to the school and told me not to say a damn thing.

Not to say a damn thing. >> And why didn't you tell me

>> and why didn't you tell me before now?

Before now? >> Because I was afraid they

>> because I was afraid they were going to try to pin

were going to try to pin something on me.

Something on me. >> And she told me she was

>> and she told me she was pregnant at the time.

Pregnant at the time. An 18-year-old black girl in new

an 18-year-old black girl in new Albany, Mississippi, pregnant.

Albany, Mississippi, pregnant. Getting told by a white police

getting told by a white police officer, you better not tell

officer, you better not tell anybody.

Anybody. She was scared to death.

She was scared to death. >> Why now?

>> Why now? >> I got to get it off my chest.

>> I got to get it off my chest. And I prayed on this for a long

and I prayed on this for a long time.

Time. Because it's just not right.

Because it's just not right. You can't do anybody just like

you can't do anybody just like that.

That. He's missed out on so much.

He's missed out on so much. >> In hindsight, I noted I

>> in hindsight, I noted I should have told him.

Should have told him. But one of the main reasons I

but one of the main reasons I never told anybody about la

never told anybody about la Sonia was because he was afraid

Sonia was because he was afraid for her life, and the life of

for her life, and the life of her family.

Her family. I knew that she had gonin Tim

I knew that she had gonin Tim dated.

Dated. Everybody that was a witness for

everybody that was a witness for me had been intimidated.

Me had been intimidated. See, I had reached out to her a

see, I had reached out to her a few times since I've been

few times since I've been incarcerated.

Incarcerated. She never responded.

She never responded. And I honestly feel you don't

and I honestly feel you don't want to be involved in my case.

Want to be involved in my case. She's real brave that she took

she's real brave that she took the initiative.

The initiative. >> Billy Richardson felt that if

>> Billy Richardson felt that if a jury had heard la Sonia's

a jury had heard la Sonia's testimony, marlin would never

testimony, marlin would never have been convicted.

Have been convicted. In a last-ditch effort, Billy

in a last-ditch effort, Billy requested that the judge

requested that the judge consider la Sonia as

consider la Sonia as confirmation of marlin's alibi.

Confirmation of marlin's alibi. >> Judicial candidates in the

>> judicial candidates in the state of Mississippi, all the

state of Mississippi, all the way from the bottom to the top,

way from the bottom to the top, are elected.

Are elected. On the ballot, it says,

on the ballot, it says, "non-partisan."

"Non-partisan." that is a dream.

That is a dream. Almost everybody understands

almost everybody understands they do come with partisan

they do come with partisan opinions, desires, affiliations.

Opinions, desires, affiliations. And judge Richardson was pretty

and judge Richardson was pretty much known as kind of the

much known as kind of the hanging judge.

Hanging judge. He has a propensity to support

he has a propensity to support the prosecution.

The prosecution. >> There's always this hope in

>> there's always this hope in me that the judge will do the

me that the judge will do the right thing.

Right thing. I don't think the judge did the

I don't think the judge did the right thing in this case.

Right thing in this case. >> Judge Richardson ruled that

>> judge Richardson ruled that despite irregularities with the

despite irregularities with the lineup, Charles rice's

lineup, Charles rice's identification of Marlon was

identification of Marlon was credible.

Credible. He declined to hear lasonja's

he declined to hear lasonja's testimony, and the Mississippi

testimony, and the Mississippi supreme court ruled it was too

supreme court ruled it was too late to be considered as new

late to be considered as new evidence.

Evidence. Marlon's request for a new trial

Marlon's request for a new trial was denied.

Was denied. >> It's beyond the pale that you

>> it's beyond the pale that you would put a man to death on this

would put a man to death on this type of evidence.

Type of evidence. How can you have justice?

How can you have justice? >> I thought that I would be

>> I thought that I would be able to prove my innocence.

Able to prove my innocence. Why are you so hell-bent on

why are you so hell-bent on trying to kill me?

>> Justice demands a rigorous examination of the facts of the

examination of the facts of the case before you take a person's

case before you take a person's Liberty or life, and you have,

Liberty or life, and you have, in this case, essentially no

in this case, essentially no credible evidence whatsoever

credible evidence whatsoever that Marlon committed this

that Marlon committed this crime.

Crime. >> For more than a decade, Billy

>> for more than a decade, Billy Richardson has been fighting to

Richardson has been fighting to prove Marlon's innocence.

Prove Marlon's innocence. But with all state appeals

but with all state appeals having been exhausted, Marlon's

having been exhausted, Marlon's last chance lies with the

last chance lies with the federal courts.

Federal courts. >> I deserve a new trial, and I

>> I deserve a new trial, and I pray that they give me a new

pray that they give me a new trial.

Trial. The court is telling me this.

The court is telling me this. "Mr. Howell, it doesn't matter

"Mr. Howell, it doesn't matter what evidence you bring to US.

What evidence you bring to US. We're just going to say to hell

we're just going to say to hell with your constitutional

with your constitutional rights."

Rights." >> in 2015, a group of federal

>> in 2015, a group of federal public defenders took over

public defenders took over Marlon's case.

Marlon's case. Their sweeping petition argues

their sweeping petition argues that the entire basis of the

that the entire basis of the state's case against Marlon has

state's case against Marlon has been unlawful.

Been unlawful. >> The police reached a

>> the police reached a conclusion, and they pointed

conclusion, and they pointed everything towards that

everything towards that conclusion instead of trying to

conclusion instead of trying to prove or disprove what they were

prove or disprove what they were told.

Told. >> I don't think it was a

>> I don't think it was a robbery.

Robbery. I think it was two high, crazy

I think it was two high, crazy people acting the fool.

People acting the fool. And I think they honestly that

and I think they honestly that gun wouldn't fire.

Gun wouldn't fire. >> Former lead investigator Tim

>> former lead investigator Tim Kent is now the mayor of new

Kent is now the mayor of new Albany and stands by the

Albany and stands by the investigation.

Investigation. >> Sometimes there's not much

>> sometimes there's not much evidence.

Evidence. And I thought, "well, if I

and I thought, "well, if I would've been innocent and I

would've been innocent and I walked in here and them two guys

walked in here and them two guys have told on me, I sure wouldn't

have told on me, I sure wouldn't sit here and not say anything."

Sit here and not say anything." You know, basically I would've

you know, basically I would've said they're lying.

Said they're lying. Everybody was the same agreement

everybody was the same agreement that Marlon did it.

That Marlon did it. There's no doubt.

There's no doubt. >> Once you write it up,

>> once you write it up, everybody gonna support whatever

everybody gonna support whatever you wrote up.

You wrote up. Everybody gonna say sign on to

everybody gonna say sign on to it.

It. They're gonna make it true.

They're gonna make it true. Nobody questions.

Nobody questions. >> Marlon howell had choices to

>> Marlon howell had choices to make.

Make. There were a lot of choices that

there were a lot of choices that were made between that drug

were made between that drug charge and Mr. Pernell dying.

Charge and Mr. Pernell dying. There were a lot of decisions,

there were a lot of decisions, bad decisions, that were made.

Bad decisions, that were made. >> I feel like I let a lot of

>> I feel like I let a lot of people down.

People down. I wish that a lot of decisions,

I wish that a lot of decisions, dumb decisions that I made when

dumb decisions that I made when I was a teenager, I never would

I was a teenager, I never would have made them.

Have made them. I regret that I did get into the

I regret that I did get into the car with those individuals that

car with those individuals that night.

Night. Being on death row is a life

being on death row is a life within itself.

Within itself. I have marks on my wrist from

I have marks on my wrist from being in handcuffs for 18 years.

Being in handcuffs for 18 years. It's hard, man, when you know

it's hard, man, when you know that you're not the same

that you're not the same anymore.

Anymore. I feel condemned.

I feel condemned. >> I am a believer in the death

>> I am a believer in the death penalty.

Penalty. And for that crime, I believe he

and for that crime, I believe he deserves it.

Deserves it. Justice has been done.

Justice has been done. >> Yeah, they say that justice

>> yeah, they say that justice is blind.

Is blind. Well, sometimes justice is

well, sometimes justice is blindsided, and it's blindsided

blindsided, and it's blindsided by what I call a perfect storm

by what I call a perfect storm of ignorance, willful neglect,

of ignorance, willful neglect, and intentional deceit, and in

and intentional deceit, and in this case, you have all three.

This case, you have all three. And it just made for a

and it just made for a combination where an innocent

combination where an innocent person who's sitting on death

person who's sitting on death row for 18 years is being

row for 18 years is being railroaded.

Railroaded. >> You nailed me to the cross as

>> you nailed me to the cross as well.

Well. And I may not ever get healed,

and I may not ever get healed, but I'm hoping and praying that

but I'm hoping and praying that my child will one day walk

my child will one day walk through these doors before I

through these doors before I leave this world.

Leave this world. Walk back inside this house and

walk back inside this house and pick me up and swing me around

pick me up and swing me around like he normally do.

Like he normally do. One day.

One day. One day.