Latest / Revisionist History / The Alabama Murders - Part 4: The Protocol
Transcript
- 0:15Speaker 1: Pushkin previously on Revisionist History.
- 0:26Speaker 2: People had an idea of what had happened. When a
- 0:31Speaker 2: person gets something in their mind, you know, it's kind
- 0:36Speaker 2: of hard to change.
- 0:38Speaker 3: I can't remember how soon they figured out that he that,
- 0:43Speaker 3: you know, the preacher had finished the job and all that,
- 0:46Speaker 3: but it was, you know, it was pretty obvious, pretty quick.
- 0:52Speaker 1: Senate does it. The timing makes a lot more sense.
- 0:54Speaker 1: He shows up after they've left, Stabs calls, stabs and calls.
- 1:00Speaker 2: I mean, there's no sense in even having a jury
- 1:03Speaker 2: if you if you're going to be able to overturn
- 1:07Speaker 2: the jury, if a judge can overturners.
- 1:18Speaker 1: I don't know how much Tom Hafflan explained to you.
- 1:20Speaker 4: But he just told me you were okay to talk to.
- 1:24Speaker 1: Oh, that's very kind, and we're just.
- 1:26Speaker 4: We're very John Parker's very very dear to me, and
- 1:31Speaker 4: I'm just very protective. I wouldn't want to do anything
- 1:33Speaker 4: to hurt he or his family. Yeah, but other than that,
- 1:38Speaker 4: I'm willing to talk.
- 1:39Speaker 1: This is Tom Perry Junior, Big Guy Beard from Demopolis, Alabama,
- 1:44Speaker 1: who on the third Saturday of every month for years
- 1:47Speaker 1: and years, would spend a day on death row in
- 1:50Speaker 1: Donaldson prison just outside Birmingham. I called him up because
- 1:54Speaker 1: John Forest Parker's lawyer told me, if you want to
- 1:57Speaker 1: understand something more about Parker, talk to Tom Perry.
- 2:01Speaker 4: I want to tell you something, Malcolm. Then I don't
- 2:03Speaker 4: need to take over your interview now. But I'm no,
- 2:06Speaker 4: I'm no really do Gooder. I'm just an old God
- 2:09Speaker 4: has fallen short every day. I just happened the Lord
- 2:13Speaker 4: uses me in the penitentiary setting because of my my shortcomings.
- 2:18Speaker 4: If that makes sense.
- 2:20Speaker 1: Now, you're I can't resist almost everyone I've been talking
- 2:24Speaker 1: to you with a story so far as Church of Christ.
- 2:27Speaker 1: I am not in your Methodist what I don't understand
- 2:29Speaker 1: why you're not Church of Christ. What's going on?
- 2:32Speaker 4: I don't know. I'm just maybe I like the cocktail
- 2:37Speaker 4: too much of the Church of Christ.
- 2:45Speaker 1: In this episode, I'm going to tell you about what
- 2:47Speaker 1: happened to John Forrest Parker after he was sentenced to death,
- 2:51Speaker 1: and give you a meditation on a phrase from the
- 2:53Speaker 1: Jesuit priest James Keenan that I have come back too
- 2:56Speaker 1: many times sin. It's a failure to bother to care.
- 3:03Speaker 1: This is the story of someone who bothered to care
- 3:06Speaker 1: and someone else who couldn't be bothered at all. My
- 3:11Speaker 1: name is Malcolm Gladwell. This is the Alabama Murders, Episode four.
- 3:17Speaker 1: The protocol. In the time that you were doing ministry
- 3:29Speaker 1: at Donaldson, how many men that you were working with
- 3:34Speaker 1: got executed?
- 3:35Speaker 4: I believe I've been with thirteen, maybe twelve.
- 3:44Speaker 1: Yeah, Perry got involved working with people on death row
- 3:47Speaker 1: through a mentor of his. Ben.
- 3:49Speaker 4: Shehad like when I first went back, Big Ben Sheriff says, now, look,
- 3:55Speaker 4: if you come back here and you start coming and
- 3:58Speaker 4: these guys ask you to go all the way with them,
- 4:01Speaker 4: you got to be willing to go. And if you're not,
- 4:03Speaker 4: I understand, but don't come back. And I said, what's
- 4:06Speaker 4: all the way? He said, well, you know, bet, if
- 4:08Speaker 4: they're executed, if they have living family, they don't necessarily
- 4:12Speaker 4: want their family to watch them die or to be
- 4:14Speaker 4: their only member. But we need somebody there that loves them.
- 4:17Speaker 4: And if they ask you to be with them, you
- 4:19Speaker 4: need you can't. You need to be willing to go,
- 4:21Speaker 4: and if you're not, just don't come. And at the time,
- 4:25Speaker 4: we had had an execution in Alabama in a very
- 4:27Speaker 4: long time. And I said, sure, Well, you know I
- 4:31Speaker 4: didn't know what I was getting into. But I mean,
- 4:34Speaker 4: and like when I say at twelve or thirteen, Malcolm
- 4:39Speaker 4: ten or eleven of them, I was praying with their
- 4:41Speaker 4: families at the time they died.
- 4:43Speaker 1: What that's a hard thing to go through. Loose thirteen
- 4:48Speaker 1: thirteen men?
- 4:50Speaker 4: You like I want. I want to tell you the
- 4:57Speaker 4: honest to goodness true. I don't want to we joke.
- 5:00Speaker 4: He gally call it, you know, stupid Christians, but uh,
- 5:04Speaker 4: I don't. My one little witness I'll give you is
- 5:07Speaker 4: he gives you the now. When it's over, I usually
- 5:13Speaker 4: have need somebody to drive me home, But up until then,
- 5:19Speaker 4: you just have the strength to do it. But it's
- 5:21Speaker 4: so hard you wouldn't believe. And it affects you.
- 5:26Speaker 1: John Forest Parker was one of those thirteen and maybe
- 5:29Speaker 1: the one closest to his heart.
- 5:32Speaker 4: And no, man, I love John Parker. I sure do
- 5:36Speaker 4: miss it nuts. The only reservations I have about doing
- 5:39Speaker 4: this is you know that fifteen years it kind of
- 5:42Speaker 4: makes me miss him a little more.
- 5:48Speaker 1: The jury in John Parker's trial voted ten to two
- 5:50Speaker 1: for life without parole, but under Alabama lot at the time,
- 5:54Speaker 1: a judge was allowed to override a jury's recommendation, and
- 5:57Speaker 1: this is what the judge, INGA. Johnson did. Johnson sentenced
- 6:02Speaker 1: Parker to death in nineteen eighty nine. He was remanded
- 6:05Speaker 1: to Donaldson Prison and placed on death row four ourselves
- 6:09Speaker 1: in two blocks of twelve, and there Perry began to
- 6:13Speaker 1: visit him. Making the two hour drive from Demopolis to Donaldson.
- 6:17Speaker 1: Perry would go with his friend Ben Sherrid. A handful
- 6:20Speaker 1: of others would join them. When Perry first met Parker,
- 6:24Speaker 1: Parker wouldn't come out of his cell.
- 6:27Speaker 4: Sometimes we would take food, and if we took food,
- 6:30Speaker 4: John would come out to eat. You know, we had
- 6:32Speaker 4: really good food. But then his first chance, he'd go
- 6:35Speaker 4: back to his cell. But if we didn't have food,
- 6:38Speaker 4: John didn't come out. Well, of course we learn as
- 6:40Speaker 4: I developed my relationship with him. You know, Reverend Senate
- 6:44Speaker 4: is who hired them. So he did when you said
- 6:48Speaker 4: religion and preachers, and he wanted nothing to do with it,
- 6:52Speaker 4: because you know, he still equated that with Reverend Senate.
- 6:57Speaker 1: Then Perry met Parker's mother. He told her that her
- 7:00Speaker 1: son wouldn't leave his cell.
- 7:02Speaker 4: She said he didn't come out and said, no man,
- 7:04Speaker 4: She said, next month we went every month. She said,
- 7:07Speaker 4: you tell him his mama said better come out. So
- 7:10Speaker 4: I had and told him that. He said, I'll be there.
- 7:12Speaker 4: That he never missed. The next month, he never missed,
- 7:15Speaker 4: and he and I became very very good friends. And
- 7:18Speaker 4: he can find it a lot in me.
- 7:19Speaker 1: So what was he like?
- 7:24Speaker 4: Now you understand, Malcolm, I do believe that the Good
- 7:28Speaker 4: Lord changes people. John was very intelligent, very well read,
- 7:36Speaker 4: heck of a nice guy, just a wonderful person. He's
- 7:42Speaker 4: just the kind of guy you wanted to hang out with.
- 7:44Speaker 4: He told me. He said, you know, since then I've
- 7:47Speaker 4: come in here, I've learned to read better and write
- 7:50Speaker 4: better and do things better.
- 7:53Speaker 1: In prison, he was sober and off drugs for the
- 7:56Speaker 1: first time since he was twelve.
- 7:58Speaker 4: Spoke very open, with openly with me about his crime,
- 8:03Speaker 4: and I mean I remember one thing he said, and
- 8:08Speaker 4: he he was adam it with me. This was very
- 8:13Speaker 4: difficult for John because he knew they were going to
- 8:16Speaker 4: give him last words at his execution. And he said,
- 8:22Speaker 4: you know, I didn't kill miss Stennett. I said, yeah,
- 8:26Speaker 4: I know that, he said, but I was involved, and
- 8:30Speaker 4: that's a horrible thing I was involved in. And he said,
- 8:33Speaker 4: I've been in prison, probably not long enough. But he said,
- 8:36Speaker 4: but I didn't kill him, And he said, we snapped
- 8:39Speaker 4: out of it. You know, they told us that, you know,
- 8:42Speaker 4: Reverend Sennet came home and killed her. I don't know.
- 8:45Speaker 4: Are you aware of that? And he and he said, well,
- 8:51Speaker 4: I mean, he said, I remember hitting her. And it
- 8:55Speaker 4: was like a light bulb went off, like what the
- 8:58Speaker 4: hell are you doing? And he said, but that was horrible.
- 9:02Speaker 4: And I'm not sure I've been in prison long enough.
- 9:06Speaker 1: Yeah, And you said, was your were you was? Was
- 9:12Speaker 1: the ministry part of your visiting explicit? Or how much
- 9:15Speaker 1: of how much of this were you trying to bring
- 9:17Speaker 1: the message of Jesus to these men?
- 9:19Speaker 4: Or it was that was that was absolutely central? But
- 9:24Speaker 4: you gotta understand. I realized quickly that our ministry, more
- 9:31Speaker 4: important than any words, was a ministry at presence, the
- 9:36Speaker 4: fact that you showed up every time that prison would
- 9:40Speaker 4: let you. On the third Saturday, we'd go and they'd
- 9:43Speaker 4: let us stay two or three hours, but on twice
- 9:48Speaker 4: a year we would stay for three. We'd go in
- 9:51Speaker 4: on a Thursday evening, well, going on Friday morning, stay
- 9:56Speaker 4: all day, and then go on Saturdays, stay all day
- 10:00Speaker 4: and go on Sundays and that's called a three day
- 10:02Speaker 4: WEEKI and we would do that twice a year.
- 10:06Speaker 1: Tom, you, this is a commitment.
- 10:10Speaker 4: It was a tremendous commitment. But I talked to my
- 10:13Speaker 4: wife about it. I had young children at the time,
- 10:16Speaker 4: and my wife says, you know, look, I have to say,
- 10:18Speaker 4: it makes you a better person, a better day, and
- 10:21Speaker 4: a better husband. So go forward.
- 10:24Speaker 1: Their visits went on for twenty three years as Parker's
- 10:28Speaker 1: appeals wound their way through the legal system. Finally, his
- 10:31Speaker 1: execution date was set six pm June tenth, twenty ten.
- 10:38Speaker 1: Parker was moved to home in prison in Atmore, in
- 10:41Speaker 1: the far south of the state, near Mobile. That's where
- 10:44Speaker 1: the state's execution chamber is. He was put in a
- 10:47Speaker 1: special holding cell. In the days letting up to his execution,
- 10:52Speaker 1: he filed two last appeals in his final week to
- 10:55Speaker 1: the Alabama Supreme Court and then the US Supreme Court.
- 10:59Speaker 1: Both failed. On his last day, he skipped breakfast, but
- 11:04Speaker 1: chose a dinner of fried fish, French fries, and iced tea.
- 11:08Speaker 1: He gave his mother his gold watch, a mirror, seven stamps,
- 11:11Speaker 1: and a box of pictures. He gave his two nephews,
- 11:14Speaker 1: his belt, and his wallet. He died by lethal injection
- 11:19Speaker 1: at six forty one pm. Tom Perry was there with him.
- 11:27Speaker 4: And then you know, he was finally gone. But then
- 11:33Speaker 4: after that, I have to get back on that van
- 11:36Speaker 4: and I go back to the hotel where about the
- 11:38Speaker 4: other people had been in there praying with his family,
- 11:44Speaker 4: and I have to go in and tell him, you know,
- 11:46Speaker 4: John's gone. He was peaceful, he didn't appear to suffer.
- 11:54Speaker 1: He didn't appear to suffer. We'll be right back. To
- 12:12Speaker 1: understand the particulars of John Parker's execution, you have to
- 12:16Speaker 1: go back to nineteen seventy seven in Oklahoma City. In
- 12:20Speaker 1: the mid seventies, the Supreme Court had just lifted a
- 12:23Speaker 1: long moratorium on capital punishment. The court had been concerned
- 12:27Speaker 1: that existing methods like the electric chair violated the constitutional
- 12:31Speaker 1: prohibition against cruel and unusual punishment. Watching someone die on
- 12:36Speaker 1: the electric chair was like watching a horror movie. Public
- 12:40Speaker 1: scrutiny was high. The court said that states could only
- 12:44Speaker 1: bring back the death penalty if they found a more
- 12:46Speaker 1: socially acceptable and legally rigorous way of applying it.
- 12:51Speaker 5: So at that point, there were several things going on
- 12:55Speaker 5: First of all, there were journalists who were threatening to
- 13:00Speaker 5: litigate so that they could see the next execution, and
- 13:03Speaker 5: Oklahoma and other states such as Texas were very concerned
- 13:07Speaker 5: about that. They thought they these executions would be videotaped
- 13:12Speaker 5: and displayed to the world.
- 13:14Speaker 1: This is Deborah Deno, who teaches law at Fordham University
- 13:17Speaker 1: in New York City and is one of the countries
- 13:19Speaker 1: leading legal experts on capital punishment.
- 13:22Speaker 5: Number two Ronald Reagan, then Governor Ronald Reagan a few
- 13:26Speaker 5: years earlier, had sort of made a pronouncement of why
- 13:31Speaker 5: don't we just execute inmates the way we put horses down?
- 13:34Speaker 1: In case you're wondering, this is what Reagan said. Being
- 13:38Speaker 1: a former farmer and horse razer, I know what it's
- 13:40Speaker 1: like to try to eliminate an injured horse by shooting him.
- 13:44Speaker 1: Now you call the veterinarian, and the vet gives it
- 13:47Speaker 1: a shot, and the horse goes to sleep. That's it,
- 13:50Speaker 1: you know.
- 13:51Speaker 5: I think there was a pressure to have a method
- 13:54Speaker 5: that looked more humane than electrocution and lethal gas. Those
- 13:58Speaker 5: were the pressures that that was on the state.
- 14:02Speaker 1: So from the beginning, you know, these are states terrified
- 14:06Speaker 1: of journalists being able to videotape what's happening, So their
- 14:10Speaker 1: concern is really with what this looks like to the world.
- 14:14Speaker 5: That's right the perception world, Yes, absolutely.
- 14:20Speaker 4: So.
- 14:21Speaker 1: Oklahoma City, nineteen seventy seven, a state senator named Bill
- 14:25Speaker 1: Wiseman takes up the court's challenge. He wants to find
- 14:29Speaker 1: a way to make capital punishment more humane, and one
- 14:32Speaker 1: day he gets a call from the Oklahoma State Medical
- 14:35Speaker 1: Examiner AJ Chapman, who has heard about Wiseman's crusade and
- 14:39Speaker 1: has an idea. He gives Wiseman a rough outline for
- 14:44Speaker 1: what would come to be known as lethal injection, two
- 14:47Speaker 1: drugs in sequence. First a sedative like a barbituate to
- 14:52Speaker 1: put the prisoner to sleep, then a paralytic something to
- 14:55Speaker 1: immobilize them. Later, Chapman added a third drug, potassium chloride,
- 15:01Speaker 1: which is the main ingredient in chemical fertilizer and which
- 15:04Speaker 1: in elevated doses causes hyperkalemia, which is like flipping the
- 15:08Speaker 1: powers switch on your heart. Wiseman took Chapman's idea and
- 15:12Speaker 1: put it before the Oklahoma State Legislature. It passed by
- 15:16Speaker 1: an overwhelming margin. I'm reading now from an editorial in
- 15:20Speaker 1: the Vista the student newspaper at Central State University in Oklahoma.
- 15:26Speaker 1: Lethal injection is not only less traumatic on the prisoner,
- 15:30Speaker 1: but it would also be easier on witnesses, for they
- 15:33Speaker 1: would not have to endure the grizzly site of roasting flesh,
- 15:37Speaker 1: bulging eyeballs, or squirting blood. But Chapman's protocol was never tested.
- 15:47Speaker 1: I mean, how could you test it. You're trying to
- 15:49Speaker 1: kill someone. Everyone you would experiment on would die as
- 15:54Speaker 1: a result. No one really knew how it worked. In
- 15:58Speaker 1: his memoirs, published years later, Chapman argued that knowing the
- 16:02Speaker 1: precise method of action didn't matter, since quote, the properties
- 16:06Speaker 1: of the drugs were extremely well known. The three drug
- 16:10Speaker 1: combination was just a variation on a protocol that was
- 16:13Speaker 1: being used for anesthesia every day in hospitals all around
- 16:17Speaker 1: the world. But of course that isn't quite true, is it.
- 16:24Speaker 1: It's not the same procedure that's used for medical anesthesia,
- 16:27Speaker 1: because the intention of medical anesthesia is to keep the
- 16:30Speaker 1: patient alive, and the intention of lethal injection is to
- 16:34Speaker 1: give those same drugs in doses so large that the
- 16:37Speaker 1: patient dies. That's actually totally different. Did Chapman how much
- 16:44Speaker 1: thought did he put into this three drug protocol.
- 16:49Speaker 5: You know, I mean that's a question for him. I
- 16:51Speaker 5: do know that they came up with this in the
- 16:53Speaker 5: course of an afternoon.
- 16:56Speaker 1: We reached out to Chapman for an interview, but he
- 16:59Speaker 1: declined to talk to us. The Oklahoma protocol would become
- 17:03Speaker 1: the method of choice in thirty other American states. It's
- 17:07Speaker 1: even with a minor variation what countries like Canada use
- 17:10Speaker 1: today for euthanasia. But how exactly does it work? I
- 17:16Speaker 1: know this seems like a pedantic point, but it is
- 17:18Speaker 1: the settled position of the United States, in fact of
- 17:21Speaker 1: most of the world that a mark of a civilized
- 17:24Speaker 1: society is that its punishment is humane. You can't torture people.
- 17:30Speaker 1: Even if you've decided to kill a prisoner, you have
- 17:32Speaker 1: to do it the right way. So, once again, how
- 17:36Speaker 1: does lethal injection kill people?
- 17:39Speaker 6: So I was given a stack of autopsies of prisoners
- 17:44Speaker 6: executed and here in the state of Georgia.
- 17:47Speaker 1: Joel Zivitt, an anisesiologist at Emory University in Georgia.
- 17:52Speaker 6: There's an automatic autopsy that was that's performed on these prisoners. Interestingly,
- 17:59Speaker 6: by the way, the cause of death that's written on
- 18:01Speaker 6: the death centerficate is homicide.
- 18:05Speaker 1: Because he's an anestesiologist, and lethal injection is basically the
- 18:08Speaker 1: homae subtle version of anesthesiology. As if it was approached
- 18:12Speaker 1: by a group of lawyers who had a client on
- 18:15Speaker 1: death row. They had a technical question, could he tell
- 18:18Speaker 1: from looking at the blood work of executed prisoners whether
- 18:21Speaker 1: they were conscious at the point of death. The operating
- 18:25Speaker 1: assumption behind lethal injection was that they were unconscious, that
- 18:29Speaker 1: they would be fully anesthetized when the potassium chloride hit
- 18:33Speaker 1: their heart. But did we know that for a fact?
- 18:36Speaker 6: So I just I read the autopsy, read the first
- 18:39Speaker 6: autopsy and kind of was going through it and saw
- 18:42Speaker 6: this finding that was surprising, which was that in this
- 18:48Speaker 6: first one that I read that the lungs were what's
- 18:52Speaker 6: called heavy.
- 18:54Speaker 1: This had nothing to do with the question he'd been
- 18:56Speaker 1: asked to answer. It was completely unexpected.
- 18:59Speaker 6: As part of an autopsy, the lungs are removed from
- 19:02Speaker 6: the body and just flopped on a scale. And all
- 19:04Speaker 6: these lungs were heavy. Why were they heavy? They were
- 19:08Speaker 6: heavy because they were full of bloody, frothy fluid. And
- 19:14Speaker 6: this bloody, frothy fluid could not have gotten into the
- 19:19Speaker 6: lungs after death.
- 19:21Speaker 1: If you're dead, your heart has stopped working, so there's
- 19:24Speaker 1: no way for fluid to get pumped into your lungs.
- 19:27Speaker 1: It had to have happened while the prisoner was still alive.
- 19:33Speaker 6: And what was assumed, I think by me and others
- 19:36Speaker 6: I hadn't really thought about it was that the body
- 19:39Speaker 6: would be essentially Christine, you know, there wouldn't be this
- 19:42Speaker 6: kind of destruction of organs within the body. But when
- 19:48Speaker 6: I went through the whole list, almost eighty percent of
- 19:50Speaker 6: the time, so eight out of ten times, there was
- 19:53Speaker 6: this finding of this frothy, bloody fluid. So you could
- 19:57Speaker 6: cut into the windpipe and the fluid would be just
- 20:00Speaker 6: frothing right in there without being pardon me, too graphic.
- 20:04Speaker 6: So the question then was how did it get in there?
- 20:07Speaker 6: I conferred with a lithologist colleague of mind. We kind
- 20:11Speaker 6: of puzzled over this for a while, and it occurred
- 20:14Speaker 6: to us that you know, what we think, what I
- 20:16Speaker 6: think is that it's actually the way the penta barbitol
- 20:20Speaker 6: is prepared.
- 20:22Speaker 1: Pent To barbitol is the first of the drugs used
- 20:25Speaker 1: in the fatal injection protocol. It's the sedative and it
- 20:29Speaker 1: has a high pH.
- 20:31Speaker 6: This is sort of basic chemistry. The pH scale goes
- 20:35Speaker 6: from one to fourteen. Seven is neutral. The other thing
- 20:40Speaker 6: important to know about the pH scale is that it's
- 20:42Speaker 6: a log scale, so it means that every time you
- 20:45Speaker 6: move one number, you're going up by a factor of ten.
- 20:49Speaker 6: You know, for a reference, the Richter scale of earthquakes
- 20:53Speaker 6: is also a log scale. That's why an earthquake of
- 20:56Speaker 6: four and a half, you know, you kind of you know,
- 20:58Speaker 6: will maybe shuffle the ground underneath you, but an earthquake
- 21:01Speaker 6: of eight and a half will split the world in half.
- 21:04Speaker 6: So it's a huge, powerful difference.
- 21:07Speaker 1: The body's normal pH is between seven point three five
- 21:11Speaker 1: and seven point four to five. If you drop below
- 21:14Speaker 1: seven or rise above eight, you'll probably die. The pen
- 21:20Speaker 1: to barbitol is between nine and eleven. Now, when pent
- 21:24Speaker 1: to barbitel is used in ordinary medicine, this fact doesn't
- 21:27Speaker 1: matter that much. The dose is pretty small. It burns
- 21:31Speaker 1: a little, but the body compensates.
- 21:35Speaker 6: But now imagine giving ten times that quantity and pushing
- 21:38Speaker 6: it into a small vein. It travels rapidly to the heart,
- 21:43Speaker 6: where the heart comps it immediately into the lungs, and
- 21:46Speaker 6: it tears the lungs apart. Basically, they get burned from
- 21:50Speaker 6: the inside and then the separation of air and blood.
- 21:55Speaker 6: There's a very fine layer of tissue there that gets
- 21:59Speaker 6: destroyed and the blood just pours into the lungs. And
- 22:04Speaker 6: I'm sorry as I'm saying this, it's awful, and this
- 22:08Speaker 6: is what this is how lethal injection actually kills you.
- 22:12Speaker 6: It kills you by burning your lungs up, and you're
- 22:16Speaker 6: also paralyzed, so you can't complain that this is happening.
- 22:22Speaker 6: And then to finish you off, of course, you know
- 22:24Speaker 6: you're probably begging for the potassium at that point, because
- 22:27Speaker 6: that finally stops your heart and stops this process. But
- 22:32Speaker 6: in the meantime, you know this has been gone on
- 22:35Speaker 6: for a few minutes, so the last thing that you know,
- 22:40Speaker 6: you may know, is that you're on fire from the
- 22:43Speaker 6: inside and the blood is filling up your lungs as
- 22:46Speaker 6: you die. Is this too graphic?
- 22:52Speaker 1: Of course it is, But that's the point, because the
- 22:55Speaker 1: reason lethal injections started in the first place was it
- 22:59Speaker 1: Even the proponents of the death penalty were eager to
- 23:01Speaker 1: find a method that was humane, that didn't involve fixing
- 23:05Speaker 1: metal plates to someone's head and frying their brains with
- 23:08Speaker 1: a of electricity, and Zevit's point is that this is
- 23:12Speaker 1: not actually more humane, it just looks that way. Death
- 23:16Speaker 1: penalty advocates were trying to satisfy the constitutional prohibition against
- 23:21Speaker 1: cruel and unusual punishment, but their innovation only spared the
- 23:26Speaker 1: suffering of the witnesses to an execution, not the subject
- 23:30Speaker 1: of the execution. The whole thing was an illusion. But
- 23:34Speaker 1: even that's not the issue. The real issue is that
- 23:37Speaker 1: the lethal injection protocol was dreamt up on the back
- 23:41Speaker 1: of an envelope, and until joel' vivid came along by
- 23:44Speaker 1: accident fifty years later, none of the people who championed
- 23:49Speaker 1: lethal injection could get around to wondering just how their
- 23:52Speaker 1: preferred method worked. And it's not like the evidence wasn't available.
- 23:57Speaker 1: In many states, there's an autopsy on everyone who's executed.
- 24:02Speaker 1: The autopsies were just sitting there in a drawer somewhere,
- 24:06Speaker 1: hundreds of them, and in almost every case they were
- 24:09Speaker 1: characterized by the same inexplicable finding. Here's what I don't understand.
- 24:15Speaker 1: Nobody noticed this till you.
- 24:19Speaker 6: Apparently not.
- 24:21Speaker 1: Isn't that astonishing.
- 24:24Speaker 6: Astonishing?
- 24:25Speaker 4: Well, I don't know.
- 24:27Speaker 6: I made a guess though, you know, I guess it's astonishing,
- 24:30Speaker 6: but you know what you have to be. You have
- 24:33Speaker 6: to be curious, I suppose, or care or or I mean,
- 24:38Speaker 6: what's astonishing to me is the fact that it was
- 24:41Speaker 6: noticed every time by pathologists. No one said anything. It's
- 24:46Speaker 6: not like a pathologist said, wow, look at this finding
- 24:49Speaker 6: and brought it to that I'm aware of, like when
- 24:52Speaker 6: I first had the In my job as an antecycologist intentivist,
- 24:56Speaker 6: I look at autopsies, but I don't, you know, it's
- 24:58Speaker 6: not I don't make a living at autopsies. So to
- 25:01Speaker 6: be sure that I was seeing what I thought I
- 25:02Speaker 6: was seeing, I sent it to my colleague of mine,
- 25:05Speaker 6: Mark Edgar, who's a pathologist. I said, look, I've got
- 25:10Speaker 6: this list. I'm not telling you what this is, okay,
- 25:13Speaker 6: just tell me what you see, you know, what do
- 25:16Speaker 6: you see? And and he came back and said, well,
- 25:19Speaker 6: all these you know, that's all these heavy lungs, like
- 25:21Speaker 6: there's all this pompiliar demail, Like what what is that?
- 25:23Speaker 6: Like he saw it immediately without prompture, Like believe is
- 25:28Speaker 6: evidence free, right, So the people who believe this, you know,
- 25:34Speaker 6: were immune to evidence or immune to. You know, I
- 25:38Speaker 6: don't know an impartial appraisal, so and I was surprised.
- 25:44Speaker 6: I was. I just didn't think of it.
- 25:46Speaker 7: You know.
- 25:47Speaker 6: It's like the failure of imagination, where you just couldn't
- 25:51Speaker 6: imagine it. But now that it's been seen, of course,
- 25:55Speaker 6: you can't unsee it.
- 25:58Speaker 1: Zivitt wrote an academic article describing his findings, thinking he
- 26:02Speaker 1: had to share what he'd found with the world.
- 26:05Speaker 6: I've had trouble getting this published. So it's now available
- 26:10Speaker 6: as something called a pre print, so it's easy to
- 26:14Speaker 6: find as a pre print, and it goes over this.
- 26:19Speaker 1: I certainly, why have you had trouble getting it published?
- 26:22Speaker 6: Because people don't want to publish it. You know, it's
- 26:25Speaker 6: like it's something that I can't place. You know, it's
- 26:30Speaker 6: so I don't know, grizzly unusual that put it in
- 26:34Speaker 6: the medical journal, you know, it just doesn't can't seem
- 26:37Speaker 6: to find the journal for it.
- 26:41Speaker 1: We are now at the second stage of the failure
- 26:44Speaker 1: cascade indifference. We'll be right back. Let us tell the
- 27:00Speaker 1: story of John Parker's execution a second time. Tom Perry
- 27:04Speaker 1: was there. Remember he pledged that he was willing to
- 27:07Speaker 1: go all the way.
- 27:09Speaker 4: Section day you know. We started. We went in early
- 27:12Speaker 4: that I think John was executed around six. But we
- 27:17Speaker 4: go in and it's just a good day. John's family
- 27:24Speaker 4: was close to us. We tell the family any time
- 27:27Speaker 4: you need a minute, and you don't want us here.
- 27:29Speaker 4: It's probably about five or six of us. I think
- 27:32Speaker 4: they limit the room to fifteen people. On the visting
- 27:36Speaker 4: we caught the visiting yard, but it's just a little room.
- 27:38Speaker 4: In fact, my Christian community air conditioned and put in
- 27:42Speaker 4: new chairs because it was so uncomfortable. It was these
- 27:45Speaker 4: big metal picnic tables of these little round metal benches
- 27:50Speaker 4: that were just tortured. We bought some chairs and tables
- 27:54Speaker 4: and put air conditioning in, you know, so the inmates
- 27:57Speaker 4: can have some comfortable They visit, but we just visit.
- 28:01Speaker 4: We sing a little bit, then they say we're getting
- 28:03Speaker 4: two louds, so we have to quit singing. But we
- 28:05Speaker 4: just talk and visit and get to know some of
- 28:08Speaker 4: John's family that we had not met before. So John
- 28:12Speaker 4: and anybody else can have a soft drink anything they want.
- 28:16Speaker 4: One thing I will tell you that I think goes unsaid.
- 28:20Speaker 4: The death squad, the officers that perform it and act more.
- 28:25Speaker 4: They do everything in their power to make it as dignified.
- 28:32Speaker 4: Anything they could do for John and any of the
- 28:35Speaker 4: twelve or thirteen I've been with, within reason, they would
- 28:39Speaker 4: do to make that last day as good as they
- 28:42Speaker 4: could for the inmate. They don't get enough credit for that.
- 28:46Speaker 4: I mean, there's certain rules they can't break, but anything
- 28:49Speaker 4: they do within reason they do it. But anyway, so
- 28:52Speaker 4: we go, and then you can tell when the clock
- 28:55Speaker 4: starts getting and we'll have, you know, we'll do some
- 29:00Speaker 4: serious praying and then we will call it circle up.
- 29:02Speaker 4: That's something we would do on our weekends. Before we leave.
- 29:05Speaker 4: We make a big circle and we pray out for
- 29:09Speaker 4: you for me with the song. Surely the presence, Surely
- 29:13Speaker 4: the presence of the Lord is in this place. I
- 29:17Speaker 4: can feel his mighty power and his grave. You know,
- 29:22Speaker 4: I can hear the brush of angels wings, I see
- 29:25Speaker 4: glory on each face. Surely the presence of the Lord.
- 29:33Speaker 1: They sang that a couple of times together for a prayer.
- 29:37Speaker 1: Then they made their way to the execution chamber.
- 29:40Speaker 4: We're over here, and the Senate family's over there, and
- 29:43Speaker 4: John's in the middle, and there's glass and I can
- 29:46Speaker 4: see them, but I can't hear them and they can
- 29:49Speaker 4: see me and John's in the middle, and you know,
- 29:53Speaker 4: and then he looks up at me, you know, and
- 29:56Speaker 4: he says, you know, I love you, brother, and I
- 30:00Speaker 4: thank you for everything you did for me, and you know,
- 30:03Speaker 4: take care of my mom and dad. I promised him
- 30:06Speaker 4: I would continue to communicate and follow up with him.
- 30:08Speaker 7: And.
- 30:11Speaker 4: And then he says, with the Senate family, I'm sorry
- 30:13Speaker 4: I got involved in this situation a hundred times. I
- 30:17Speaker 4: wish they're gonna taken him back. I was strong out,
- 30:20Speaker 4: I was young, and I was stupid, and I hope
- 30:22Speaker 4: that you know, what happens today can give you, you know,
- 30:25Speaker 4: some peace. And then when they started, you know, he
- 30:30Speaker 4: was a lethal injection and he rolled his hand that
- 30:33Speaker 4: that's sort of a symbol. We get to hang with him,
- 30:36Speaker 4: but when we split up, they won't let me more
- 30:37Speaker 4: physical contact. When we leave, and as we go, we
- 30:40Speaker 4: you know, that was our that was our deal. It
- 30:42Speaker 4: means I love you, So that was our sign. And Cairos,
- 30:46Speaker 4: you know, I love you brother. He rolled his hands
- 30:49Speaker 4: up on there and did that, and then you know,
- 30:52Speaker 4: I watched his uh bottom jaw. I remember it just
- 30:55Speaker 4: seeing it start quivering and it, and you know it was.
- 30:59Speaker 4: It takes a lot longer than you think.
- 31:04Speaker 1: Yes, it does take a lot longer than you think. First,
- 31:10Speaker 1: one hundred milli leaders of a sedative. After the sedative,
- 31:13Speaker 1: Alabama's regulations require that quote, the team member position at
- 31:18Speaker 1: the condemned inmate's left side, will assess the consciousness of
- 31:22Speaker 1: the condemned inmate by applying graded stimulation as follows. The
- 31:27Speaker 1: team member will begin by saying the condemned inmates name.
- 31:30Speaker 1: If there's no response, the team member will gently stroke
- 31:33Speaker 1: the condemned inmate's eyelashes. If there is again no response,
- 31:38Speaker 1: the team member will then pinch the condemned inmate's arm.
- 31:42Speaker 1: John Parker, John Parker, Stroke, Stroke, Pinch, Pinch. Then comes
- 31:48Speaker 1: sixty mili leaders of row coronium bromide that's the muscle relaxant.
- 31:53Speaker 1: Then one hundred and twenty mili leaders of potassium chloride
- 31:57Speaker 1: that's supposed to stop the heart. Remember what Tom Perry said.
- 32:01Speaker 4: It was tasteful. He didn't appear to suffer.
- 32:05Speaker 1: Well, yes, and no, he didn't appear to suffer. That's
- 32:10Speaker 1: because he was strapped down to a gurney and sedated
- 32:14Speaker 1: and given a paralytic so he couldn't struggle or cry
- 32:17Speaker 1: out even if he wanted to. But of course he suffered.
- 32:21Speaker 1: His lungs were burning up from the inside, and he
- 32:23Speaker 1: had a long, extended moment of absolutely excruciating pain.
- 32:31Speaker 4: Of course, his parents break down and they hugged me,
- 32:34Speaker 4: and then I walk out. Then I basically I have
- 32:37Speaker 4: a very good friend. He kind of takes me and
- 32:40Speaker 4: takes care of me because I break down after I
- 32:42Speaker 4: talk to the family. But did that kind of describe
- 32:45Speaker 4: it for you? It's a hard, hard day in many ways,
- 32:52Speaker 4: it's a joyous day up until because you just see
- 32:57Speaker 4: this goodness everywhere up until as far as John was concerned.
- 33:04Speaker 4: Have you ever seen a picture of John? No, I
- 33:07Speaker 4: haven't told him. I've got It's funny. I keep this
- 33:10Speaker 4: from my office right by my license.
- 33:12Speaker 1: You keep that that memorial right here, and I've got
- 33:16Speaker 1: next to your license.
- 33:18Speaker 4: Yeah, actually in the frame. I stick it in the
- 33:21Speaker 4: frame and I keep it here. So well, this is
- 33:25Speaker 4: this is uh you can see me a much younger version. Yeah,
- 33:33Speaker 4: I think it was June of twenty ten. This is
- 33:36Speaker 4: John's father, pe D Parker, his mother Joan Parker. That's
- 33:40Speaker 4: his brother Bert and John in the middle, and that
- 33:44Speaker 4: was the day of his execution. The institution took the
- 33:47Speaker 4: pictures for us. That means a lot. They don't give
- 33:50Speaker 4: them three or four pictures in the entire family, one
- 33:53Speaker 4: of me and their family photograph. I mean that. That's
- 33:56Speaker 4: why I cherished this. Now, Malcolm, I'm trusting you because
- 34:04Speaker 4: I don't want anything to degrade or insult John's memory.
- 34:10Speaker 4: So please don't do that. I will not John Tom
- 34:14Speaker 4: Hefflin told me you were okay, or I wouldn't have
- 34:17Speaker 4: spoken to you because I would be heartbroken. Yeah, something
- 34:21Speaker 4: defamatory about John. No, no, no, don't please don't do that.
- 34:25Speaker 1: Yeah, don't don't be You should have no concern.
- 34:27Speaker 4: Yeah, And I'm trusting you now, Malcolm, not to do
- 34:30Speaker 4: that to John and his memory.
- 34:33Speaker 1: Tom Perry was the one who bothered to care. If
- 34:45Speaker 1: you're wondering why people get so upset about the death penalty,
- 34:49Speaker 1: it's this. It's that the people who are in favor
- 34:52Speaker 1: of it like to believe that it represents some great
- 34:55Speaker 1: symbolic manifestation of society's judgment, but in fact their method
- 34:59Speaker 1: of choice is something that some guy dreamt up in
- 35:02Speaker 1: an afternoon, and no one ever got around at checking
- 35:06Speaker 1: symbolic manifestations of society. Judgment should not be dreamt up
- 35:11Speaker 1: on the back of an envelope. And if you're wondering
- 35:14Speaker 1: why we're spending so much time on this, it's because
- 35:17Speaker 1: the story of the long day in maw of the
- 35:19Speaker 1: Elizabeth Senne case is about to get worse, much worse
- 35:29Speaker 1: next time on revisionist history.
- 35:31Speaker 4: Thank you. Just got home from work and you know
- 35:34Speaker 4: they come And he said, well, mom, can you come?
- 35:36Speaker 1: He said, the police are here.
- 35:39Speaker 5: Then I went to at Moore, which is where Holman
- 35:43Speaker 5: is visited with Kenny.
- 35:45Speaker 3: That morning we were still waiting for the Eleventh Circuit's decision.
- 35:51Speaker 6: What is taught either at nursing school or as an
- 35:53Speaker 6: emt or as a doctor cannot be lifted into the
- 35:57Speaker 6: death chamber, like it's not the same place. If these
- 36:01Speaker 6: people are not patients, you know, they're not collaborators to you.
- 36:07Speaker 7: It's been a great deal of media covering, both local
- 36:10Speaker 7: and national, about what happened in Kenney Smith's execution chamber.
- 36:16Speaker 7: Much of that coverage has seemingly been openly sympathetic to
- 36:19Speaker 7: Smith in his cause, even with some going so far
- 36:23Speaker 7: as to advocate for the abolishment of.
- 36:26Speaker 4: The death penalty.
- 36:38Speaker 1: Revision's History is produced by Lucy Sullivan, Ben the daf Haffrey,
- 36:41Speaker 1: and Nina Bird Lawrence. Additional reporting by Bend, Daph Haffrey
- 36:45Speaker 1: and Lee Hedgebeth. Our editor is Karen Schakerji, fact checking
- 36:50Speaker 1: by Kate Furby. Our executive producer is Jacob Smith. Production
- 36:54Speaker 1: support from Luke LeMond, Engineering by Nina Bird Lawrence, original
- 36:58Speaker 1: scoring by Luis Kira with Paul Breinerd and Jimmy Bodd.
- 37:02Speaker 1: Sound design and additional music by Jake Krsky. I'm Malcolm Verlan.
- 37:18Speaker 1: You can get this entire season now add free by
- 37:22Speaker 1: subscribing to Revision's History on Pushkin Plus, sign up on
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