The Practice (1997–2004): Season 2, Episode 10 - Spirit of America - full transcript
[ Man ]
Excuse me, sir.
Do you think that
the people on death row should
have a right to an appeal?
These people forfeit
their right to live. Period.
You take a life,
far as I'm concerned,
you have no rights.
They give them the weight
rooms with TV sets,
the cable TV. Right?
So, no thanks.
It's an eye for an eye,
not an eye for H.B.O.
It's a little barbaric,
isn't it? I mean,
it's just vengeance, right?
[ Man ] Did you hear about the
execution of Randall Jefferson
tomorrow night?
Tomorrow night?
No, I didn't hear that.
What'd he do?
They say he murdered
a 19-year-old girl.
Fry him.
Fry 'em all.
I believe this man deserves
everything he gets for what
he did to that girl.
And her parents, my gosh,
to lose a child,
there's nothing
worse than that.
[ Woman ]
I think about what Jen, uh--
about what she'd be doing.
You never get over that.
Maybe after tomorrow.
If they really
do it this time.
[ Interviewer ]
You don't think the execution
will actually take place?
Man's had three dates
come and go already.
Now I hear he's got
some new lawyers--
some out-of-state lawyers.
I don't understand
who would do a job like that.
I mean, what kind of people
would want to help an animal
like Randy Jefferson?
You got water pressure
in your room?
We're not staying here.
Figures. Where'd they put you
up, like, uh, the Four Seasons?
The Ramada, actually.
I realize that.
But our position is the man
did not receive a fair trial--
You guys got water pressure
over here?
[ Eugene ] My room's fine.
Jimmy, we need that index.
I got no flush power.
We believe it's important
for the governor to hear
this evidence himself before.
I understand, but--
You're fine.
It's okay in here.
I know that.
But what I'm saying is--
I can't believe this.
Jimmy, will ya knock it
off in there?
I got the background
for the pardon board. Here.
[ Sighs ]
Hello?
Now they're saying that he
won't meet with us personally,
but he may--
and they stress "may"--
attend the clemency hearing.
They assured us
that he'd meet us.
His office says he'll take
the pardon board ruling
"under advisement."
You shouldn't use the minibar.
Jimmy, do you mind?
We need those exhibits.
Jimmy, would you just relax?
Okay, let's just
settle down.
I stayed in a place once,
they had this big
cheese plate.
Check with the front desk,
Lindsay, please.
It cost me 22 bucks.
Jimmy, it is just
a bottle of water.
Everybody, just shut up, please!
Take a look at this.
Randall Jefferson,
convicted in the 1988 murder...
of Richmond coed,
Jennifer Carson,
is set to die
by lethal injection
just after midnight tonight.
Robert Donnell,
Jefferson's attorney, arrived
here this morning from Boston,
and Channel Three's
Elizabeth Knox was there.
No, I don't think it's over
by any means.
Governor Benning has assured us
that he will personally
attend the clemency hearing...
and I have confidence
he'll see that my client
did not receive a fair trial.
That's all.
Meanwhile, at Cedar Springs
Correctional Facility,
only yards away from the room
where he is set to die,
Randall Jefferson
can only wait.
[ TV Turns Off ]
[ Line Ringing ]
[ Cell Door Opens, Closes ]
[ Sirens Wailing ]
[ Siren Wailing ]
[ Horn Honking ]
[ Interviewer ]
You reloaded?
You rolling?
Okay, here we go.
Mark it.
[ Bobby ] Now wait a second.
Uh, Bobby, if this isn't
a good time--
Uh-- No, uh--
Go ahead.
Ask your questions.
Okay, just a little bit
on how you got here,
just background on Randy.
[ Bobby ] Okay. Uh,
he's been on death row
six-and-a-half years.
That's pretty much right,
I think.
His first lawyer
missed the deadline
for filing habeas.
It took three years just
to reach federal court.
Have you been with him
the whole six-and-a-half years?
About a week.
The fact is, Randy had
no lawyer for two years.
About a third of the guys
on death row don't.
The Capital Defenders Project
monitors who's up next.
And they asked us in.
Hey, Bobby, we gotta go.
Clemency hearing
starts in 40 minutes.
How do the other lawyers feel
about coming down here, about
us filming their every move?
Oh, would you get out
of my face!
Heckinger will be sitting
to your left. Try to direct
as much as you can to him.
Lopez will be in the center.
His sister was carjacked
last year, so keep clear.
What about the attorney
general, Walgren?
He'll go first,
and he'll be good.
He not only tried the case, but
he got elected A.G. by promising
to pull the switch himself.
Governor's not gonna
make it. He's judging
a 4-H show in Dinwiddie.
Oh, that's not good.
Hey, no press
allowed up here.
They're making
a documentary.
Is that right?
[ Interviewer ]
Yeah, we talked to Tom Edgar.
Here it is.
All right.
Here we go.
[ Man ]
These give you some idea
of the brutality.
The slashes on the arm,
she tried to defend herself,
but the blows kept on coming.
There has been no show
of remorse, no regret,
not even an acknowledgment
by Mr. Jefferson
that he even did this.
Let's be clear here.
I don't celebrate
the death penalty.
It should be used to punish
only the most brutally
coldhearted killers.
Randy Jefferson
meets that criteria.
Randy Jefferson's trial
lasted three days.
Three days.
The only testimony against him
came from a convicted felon...
who said Randy made
a jailhouse confession
to him,
and who only gave his testimony
after the prosecution offered
to reduce his sentence.
No weapon,
no other forensic evidence.
Mr. Donnell,
he was convicted.
Are you here to retry him?
I'm here to emphasize that
the trial lasted three days,
with a lawyer who called
only one witness...
and spoke for just two minutes
at the penalty phase.
We have medical records
never entered as evidence...
documenting a pattern
of abuse at the hands
of his stepfather.
If you're suggesting ineffective
assistance of counsel,
the United States Supreme
Court has already rejected
that claim.
Not on merits. The court
found he had not raised
the issue in a timely fashion.
So you're asking us
to second-guess
the Supreme Court?
Look,
a man is waiting
to die here.
And the truth is
you may be his last hope.
All I'm asking is that
you look at the process
that condemned him...
and ask yourself,
was it conducted fairly?
Fourteen minutes.
They could have at least
pretended to discuss it.
Governor could still
override it.
Oh, there's some hope.
[ Sighs ]
Someone's gotta tell Randy.
No, no, no.
It's just a recommendation.
He can still grant you
a pardon and--
and we hear that the governor
is taking a very strong interest
in your case, Randy.
I'll tell you what.
Uh, I'm on my way out there now.
And I'll talk to you soon.
Okay?
Okay. Great.
Lindsay, where are we?
Still holding. We can't get into
federal court until we hear
from state supreme.
They're gonna ding us pretty
quick, so let's be ready.
Jimmy, I need you with me.
I thought I was with Eugene.
That was then.
If things start gettin' crazy,
I'm gonna need someone
at the prison with Randy.
Bobby, could we talk about
this, like, uh, privately?
I mean,
you know my feelings.
I knew this would happen.
Lindsay, I'm entitled
to my feelings.
Jimmy, I understand
your feelings,
but I need you.
But you don't understand. It's
just that I'm not comfortable
with certain aspects.
The man's on death row
for a crime he possibly
didn't commit...
and for which he definitely
didn't get a fair trial.
What "aspects"?
Aspects like I keep thinkin'
about that young girl...
who got left
on the side of the road.
That's why he's on death row.
No, he's on death row
because the poor man--
Stop it!
Stop it, all of you!
That's enough.
You too. Shut it off.
[ Cell Door Closes ]
I understand Bobby's position.
This isn't a question
of guilt or innocence.
It's a question of fairness.
Obviously,
that's why we're here.
I'm mean,
that's why I'm a lawyer--
to see that justice is done.
But I'm not gonna
lie to you.
I don't see the justice in
a young girl having her life
snuffed out,
and the bozo who did it
getting to wake up
every morning...
to bacon and eggs
on my dime and your dime.
[ Interviewer ]
You sound angry.
Well, maybe I am.
It makes me angry when
people treat this guy...
like he's some kind
of saint just 'cause
he's gonna die tomorrow.
I mean, we all die.
That girl died.
Jimmy, if you're not gonna
be okay with this--
No, I'll be fine.
Good.
I love babysittin' murderers.
Hey, you said be candid.
Pay no matter to the cameras.
[ Door Buzzing ]
What's goin' on, boys?
They're makin'
a documentary.
Not on my watch they're not.
It's okay, Billy.
They got clearance.
Oh, yeah? Y'all gonna
show the whole thing?
Right up to the cocktail hour?
Funny.
Let me see my client.
Guess you found your way.
Open her up, Bill.
I'll take it from here.
Yes, sir, Warden.
Steve Langston.
Good to meet you.
Well, gentlemen,
if you're ready,
let's go meet our friend.
[ Gate Opens ]
[ Door Closes ]
[ TV, Indistinct ]
[ Woman On TV ]
Believe me, it's nothing...
compared to what your father
and I have had to endure.
[ Guard ]
Open eight!
Randy. Bobby Donnell. Nice
to finally meet you in person.
You too.
This is my associate, James
Berluti. He'll be with you
the rest of the day.
So, whatever you need--
Yeah, right.
Whatever.
Thanks for comin'.
[ Bobby ]
So, that's where
we were this morning.
Right now, we're waiting
for the state court.
That should be soon.
But whatever they say,
we move directly
into federal court.
We have some good issues.
Okay. Sounds good.
And you know, the governor
can always grant you
a pardon on his own.
Yeah, I know that.
What about you?
You all right?
I got my moms,
some family comin'.
They had a problem.
They couldn't find out
the visitin' times.
I'll fix it.
Thanks.
Thanks a lot.
What do you mean
"test the equipment"?
They test it,
make sure it all works.
I want you there.
If anything malfunctions
or even looks shaky, that's
something else we can argue.
That sounds a little
desperate, Bobby.
Like we're not desperate?
Remember the guy in Florida,
defective electric chair,
uh, barbecued his head?
If anything goes wrong
with the equipment,
how they handle it--
anything at all-- we might
have Eighth Amendment grounds.
You'll be there?
So we have a record?
[ Interviewer ] Yep.
Just keeps gettin'
better and better.
Just do it, Jimmy!
It's lethal injection.
What could go wrong with it?
What'd ya get?
Twelve hundred.
No, it's not worth it.
Two above and blue book.
Is that right?
You'll never get
your money back.
Is that my heart?
Yeah.
It's racin' too.
I'd go get a physical.
Hey, you ticklish?
- All right, I got pressure.
- Pick an arm. Any arm.
No, this one's taped.
- How ya doin'?
- Starting the saline now.
All right. Yeah.
Got clean lines.
[ Man On Table ]
I don't feel so good.
That's the point.
Oh, God.
Okay, I'll be right back.
Don't go anywhere.
- Think I'll be here
for a while.
- [ Men Laughing ]
[ Man Over TV ]
Preparations continue here
for tonight's execution...
of convicted murderer
Randall Jefferson.
Just minutes ago, the state
supreme court dismissed
his last series of appeals.
That means his lawyers
will now have to race off
to federal court.
But for now,
preparations continue--
Here we go. District court
names are at top,
court of appeals at bottom.
I've starred
the Reagan appointees.
I should've crossed them off.
Fax numbers, home phones,
reversal rates.
You're sure we can get around
the new habeas restrictions?
It's not really habeas.
We're asking for a hearing based
on evidence not available
to the trial court.
It would be nice
if we had some new evidence.
Where are we on
ineffective assistance?
Affidavits from two clerks
sayin' his first lawyer...
basically sat passive
through most of the trial.
A fact which seemed
to bother no one.
I just got off the phone with
Franklin Walters, the judge
from the original trial.
He's willing to say that
if he would have known about
the abuse in Randy's past,
he would have used
his discretion...
to convert the death sentence
into life without parole.
He's faxing it over right now.
Well, that's something.
What about that
jury pool business?
It won't fly.
Under McCleskey, we'd still have
to show specific discrimination
in this case.
What about that jailhouse
witness, Dugger, the one
who claimed Randy confessed?
Remember him?
Yeah, yeah.
No, there is something.
I was going through
these press files again,
and Frank Dugger gave
a few interviews around the time
of the first state appeal.
And there is one here,
and he said something
really strange.
Yeah.
"There's no question.
I heard what I heard.
The man told me he killed
that girl. I took that test,
so you know I'm not lying."
Test?
Like in a polygraph test?
Who gave him a lie detector?
And why isn't it
in the record?
What's our deadline to file,
outside?
6:30, at the latest,
maybe 7:00 to append.
Okay, that gives us six hours.
Let's find Dugger,
see what he meant,
first of all.
Was there a polygraph,
what was the result, and what
the hell happened to it?
Lindsay, let's find a way
to leak this thing, maybe
get Walgren to play a card.
And that first lawyer,
Cooperman. Eugene, do
a fly-by, see if he waves.
That's it. Let's go.
[ Interviewer ]
We heard about your appeal,
uh, being turned down.
It's all right.
It didn't surprise you?
Way as I see it, people
done made up their minds.
All the appeals, motions,
boards, whatnot.
People wanna
believe somethin',
that's what they gonna do.
Can't change that.
Been tryin' six years,
three months, 26 days.
Just tired of it.
They want me, I ready.
Uh, your lawyer, Bobby Donnell,
he seems to think you still
got a ways to go.
That's what he says.
I don't know.
I'm just here.
But I'm ready...
if they want me.
Uh, what are you reading?
Guinness Book of World Records.
So many things in here.
Strange things.
I used to think,
I get out, see everything,
do everything.
Rocket cars.
Rocket cars.
Yeah, I like those.
Rocket cars. Now--
Now I'm strong.
I made my peace.
You know?
Yeah.
I's ready.
I's ready.
[ Interviewer ]
What's the difference between
a polygraph and a lie detector?
A polygraph
is a lie detector.
Okay, so this
unreported polygraph test,
why is it so important?
I thought
they were inadmissible.
They are.
But if the prosecution took a
polygraph and the result in any
way suggested Randy's innocence,
the law is they got to turn
that over to the defense.
If they didn't,
it's prosecutorial misconduct.
If they did and
the defense ignored it,
well, then that's
ineffective assistance
of counsel.
And that's enough
for a stay of execution?
Ten years ago, with Brennan
and Blackmun and Marshall,
even money.
Today--
Eugene, what's your impression
of Randy Jefferson?
I don't really know him.
But that's not the point.
Who or what he is
is beside the point?
What he is is black,
among other things.
There's a point to that.
So this is a question
of race with you?
The death penalty is about race.
The fact is if you're
a person of color and you kill
a white man in this country,
or, God forbid, you do what
they say Randy Jefferson did
and kill a white girl,
you are 12 times more likely
to end up on death row...
than a white man for killin'
a black person.
But that's not something
you can actually argue in court.
Nope.
Can't argue that much
in court.
I'm looking
for Tommy Cooperman.
He's with a client, but--
What is this?
They can't come in here.
You can't come in here!
Mr. Cooperman?
Mr. Tommy Cooperman?
Sir, you can't do this!
I need to ask you questions
about Randy Jefferson.
Hold on.
This is my office.
I don't have to talk to you.
Sharon, call Mitchell.
No, call the police.
He may be executed tonight.
Look, I told you on the phone,
that was a long time ago.
It's over.
I'll come back.
No, hold on.
Damn, will you turn that off?
That was a client.
Mr. Cooperman,
I have a client who
may be dead tomorrow.
That's not my fault.
Look, what do you
want from me?
I'm sorry about Randy.
I did what I could.
I'm not here to blame you.
I need 10 minutes of your time
to help save a man
who may be innocent.
You got 10 minutes?
You, uh, okay in there?
Yeah.
You need anything?
A cup of coffee?
Okay, then, uh, I'm gonna go
make a few phone calls,
stay on top of things.
You sure you're okay?
I's fine.
Then, uh,
I'll see ya then.
You ever have an operation?
In a hospital, I mean?
[ Interviewer ]
No, actually,
I haven't.
I had my appendix out
when I was 13.
And they put a mask
over your face and tell you
to count backwards from 10.
And then... nothing.
That's how this goes.
Faster.
Except he'll never wake up.
Bobby says
not a fair trial.
Okay, I think it's worth
a look, or two, or three.
But the way I read it,
they pinned the guy.
He's guilty,
he pays the price.
It's supposed to be
the most humane way.
And they just go to sleep.
Like they do
to a dog or a cat.
They just go.
It's merciful, right?
As of 11:30 this morning, the
state supreme court has denied
Mr. Jefferson's latest appeal.
My office has filed
in federal district court...
and we are confident
they will uphold that ruling.
Look. Eugene says Randy's
old lawyer never heard
of any lie detector.
He says even though
he was in over his head,
he would have never
ignored a polygraph result.
Where are we with that witness,
Frank Dugger?
Uh, Lindsay, hold on.
Call waiting.
Yeah?
Right. Right.
Exit eight.
Got it. Thanks.
Thanks a lot.
Okay. That was
the parole officer.
We got him.
Dugger works at some
burger joint off I-70.
I'll head out there after--
Ah, we're just
getting started here.
Uh, I don't know
when I'm gonna be done.
I'll get Eugene.
How you guys holdin' up?
Yeah, me too.
[ Walgren ]
Yes, Alice?
Is the Fifth Circuit
considering anything
not raised in state court?
No. There are no new issues.
This case has been litigated
for seven years.
It's almost over.
[ Bobby ]
Excuse me, Mr. Walgren.
Mr. Donnell?
We have information that
a witness, Frank Dugger,
may have been given
a lie detector test
by your office...
prior to his testifying
against Randy Jefferson.
Do you have a comment?
That is absolutely ridiculous.
I will say this, Mr. Donnell.
Mr. Dugger came forward
voluntarily with his testimony.
Based solely on the specificity
and detail of that statement,
my office concluded
we had a credible witness.
[ Woman ] Mr. Walgren.
Thank you, ladies and gentlemen.
Thank you very much.
We have a piece of evidence
that Mr. Dugger did
a lie detector test.
I'm lookin'
for Frank Dugger.
Well, enlighten me.
It's what I said.
Whatever's there,
that's what I said.
Well, Frank, you said a lot
of things over the years.
The man killed her.
Looked me right in
the eyes and told me so.
Told me how he stabbed her.
And you took it upon yourself
to inform the district attorney?
I had to.
You hear somethin' like that--
I was losin' sleep.
And the D.A., Walgren,
he accepted your story?
Yeah. So?
It didn't bother anybody that
people you share cells with have
a funny habit of confessing?
Hey, I'm a good listener.
When you came forward with
Randy Jefferson's confession,
did the D.A. give you
a lie detector test?
What?
I read in the paper where
you said they gave you a test.
You read a lot of things
in the paper.
Did they give you a test?
I don't recall.
You don't recall?
Frank, a man
is about to die.
If you are
in any way responsible,
I will never go away.
You know how long
"never" is?
Not in front of them.
Turn it off.
[ Interviewer ]
So, what's it like?
It's like the
air gettin' tighter,
heatin' up.
Like you want to rip off
your clothes, but it ain't
your clothes, it's everything.
That's just what it's like.
People say it's justice.
But, the row--
the row ain't justice.
You sittin' here waitin',
knowin' they want to kill you.
They want to kill you.
And one day,
they gonna do it.
Maybe Randy's dyin' tonight,
you know, but really,
all of us,
we're already dead.
11:50, thereabouts,
we'll initiate
the preparation protocol--
fitting Jefferson
to the table itself,
attaching monitor cables,
intravenous tube,
et cetera.
At 11:55, we'll do
the final rundown,
and I issue
the execution order.
Uh, at that point, we also,
uh, seat the witnesses
in the viewing area.
At exactly one minute
past the hour of 12:00,
the technician initiates
a flow of Sodium Pentothal.
That's a barbiturate,
puts him to sleep.
And after that,
pancuronium bromide
and potassium chloride...
are administered
in lethal concentrations.
And that is it.
I don't foresee
any complications.
Of course you never know.
How do you mean?
Well, no system's
foolproof.
Particularly when it comes
to the ending of human life.
Uh, life is tenacious.
Like hope, I guess.
Sorry?
Uh, this is where
I have to leave you.
[ Interviewer ]
Mr. Carson--
Get off my porch.
Sir, if you just have a minute--
No, we don't have a minute.
We don't have any more time
for you people.
It's all right, honey.
They're leaving.
Okay, Mr. Carson, we--
You didn't tell me
that you were talking
to Randy Jefferson.
Uh, yes, we did.
What are you trying to do,
make him a cause?
No, not at all.
You gonna make a nice
good-bye film for him? Hmm?
Gonna let the whole world
see him as human?
Well, my daughter
didn't get to say good-bye.
Nothin' human about
what he did to her.
[ People Chattering ]
[ Man ]
So, he picks me up,
puts me in the cart.
I said, "Mama won't let me."
He said, "Mama said
it's all right."
Then he pushed me
down the hill.
[ All Chattering,
Laughing ]
[ Woman ]
That's why
they never won.
We won a few games.
What you talkin' about?
We did good.
[ Chuckles ]
I'm gonna miss you.
Excuse me?
Are you my son's lawyer?
I'm, uh, part of the team
for your son.
I just wanted to thank you
for all your hard work
on his behalf.
Uh, it was nothing.
And for believin' in him
all this time.
I, uh--
You're welcome.
Carl? Darius?
That's Carl.
This is Randy's brother.
And Darius.
Come shake the man's hand,
Darius.
Hey, Darius.
And that's my mother.
Come here, Mama.
We just want this
to be over with. We want to
get on with our lives.
Bloodlust.
Makes for good ratings.
What?
That's the reason they took
the business of justice out
of the hands of the victims.
Oh, I see.
So, they shouldn't
be allowed to grieve?
That's not what I mean.
Well, what do you mean,
Lindsay?
If the governor sees that,
we can't expect the government
to be objective these days.
They just want some closure.
Is that so hard
for you to understand?
Eleanor, I didn't mean it.
I know what you mean.
Okay.
Eugene came through.
They did give Dugger
a polygraph, and Randy's
old lawyer never heard of it.
Now we find the technician
who administered the polygraph,
and we're right back in this.
All right, this--
I want to see their record.
Yeah, okay, okay,
I thought you'd finally
get around to me.
I gotta tell you, your timing's
a little shaky on this.
Uh--
All right, look, my position,
if you want to call it that--
I usually prefer not
to speak in absolutes, but--
My position has changed
somewhat over time.
No, actually, I know exactly
when my position changed.
April 27, 1991,
when my very best friend...
let some guy into her walk-up
on East 73rd Street
in New York.
Yeah, supposed to be
this great neighborhood, right?
And he, uh-- he followed her
upstairs, and he somehow
got her up to the roof...
and he, uh-- he stabbed her
and he killed her.
Anyway, before,
uh, Lisa's death,
I was fervently anti-death.
I mean, loudly anti-death.
I--
I would have had bumper stickers
on my car, if I had a car.
But you know,
when I think of Lisa,
so frightened up
on that roof--
She wanted to have kids,
you know?
And then I think of him,
the butt-wipe that killed her,
and how he must have smiled
to have such a pretty girl
up on that roof with him.
Actually,
my position hasn't changed.
But let's just say,
uh, I have a car now.
No bumper stickers.
[ Door Opens ]
Is that enough?
[ Bobby ]
Ellie?
If you're finished
with your close-up,
the governor just rang.
Yeah.
[ Woman Over TV ]
In rejecting Jefferson's
last-minute plea,
Governor Benning said
that in his opinion--
I'm seein' it
on the television.
Just like that, huh?
Attorneys for the condemned man
expressed their dismay
with the governor's ruling--
So, uh, you called Randy,
right? I mean, uh,
you told him, I hope.
'Cause, uh, I'm not
so good with bad news.
Thanks.
Listen, Bobby, I'd like
to get out of here now.
Bobby, you know I
get conflicted feelings.
I'm tryin' to tell you,
it's not comfortable--
Yeah. Right.
Okay.
Yeah. I knew
I'd get this speech.
Whatever. Yeah.
Sure.
[ Sighs ]
[ Door Closes ]
[ Man ]
Chicken teriyaki
with extra teriyaki sauce.
You like that Chinese food?
Yep.
Some strawberry ice cream.
Some Twinkies.
You like them one on top
of the other, right?
Yeah, that's the way I like 'em.
And we got ya some lobster.
You ever had lobster
before?
When I was a kid.
[ Guard ]
You know how to eat it?
[ Jefferson ]
I know how to eat this thing.
Watch out, Randy,
bite your head off.
[ Laughing ]
Look.
All the good stuff's
inside.
You gotta break it open.
Usually you use like, uh,
pliers or something.
Yeah, that's the meat
in there.
Okay.
Hold on. Now you
need some butter.
It's no good
without butter.
Butter?
You got any butter?
And, like, a microwave?
Here.
Go for it.
Take a big swipe.
Now pop it in your mouth.
So? Good, huh?
It's good.
Mr. Rintels?
Hi, my name is Eleanor Frutt.
I'm an attorney.
And I was wondering if
your security firm was using
polygraph analysis...
seven years ago
in the Overland area?
I see. Okay.
Well, thank you very much
for your time.
That's it. We're set to go.
How much more time?
None.
His clerk was expecting
our filing 12 minutes ago.
Bobby, we can't
wait any longer.
We don't have enough.
Don't you think
the affidavit from Frank Dugger
at least raises the question?
They're not holding up
this execution on the word
of some ex-con.
But they'll kill him
based on his word.
What about a temporary stay
pending a review of
Walgren's old files?
Fishing.
There has to be some record
of that test!
Five minutes, then we go
with what we have.
Maybe we could get a subpoena,
or we'll find a judge--
I got it! I got it!
And you conducted a test
on Frank Dugger
in the Randy Jefferson case?
Uh-huh. I understand.
I understand.
No, no, no. I know.
It was just internal.
Yes!
Mr. Gordon, would you be
willing to sign a statement
based on what you just told me?
That would be great.
Could you just hold on one
second, please? Thank you.
He says he remembers
the test. He says that
Dugger tested borderline...
and that he went to
Walgren's office and told him
all about it way back when,
and then
they never responded.
Walgren sat on it.
That's it. Type something up.
Lindsay, make the call.
Tell 'em 10 minutes.
Can you believe this?
Let's move!
First time was by lottery.
I just felt so strongly that
this man was deserving of death.
And it's biblical--
a life for a life.
And if I felt that way,
I wasn't going to stick
my head in the sand.
I was going to
back it up by action.
So when they made
the lottery available,
I signed up first thing
and got picked.
Simple, really. You just
gotta know how to handle the
syringe and be steady about it.
You aren't even in the room,
so there is no public relations
of any kind.
That's nine men
you've executed in, uh,
how long a period of time?
That would be...
just this year.
But let me clear something up.
I don't execute them.
I just carry out
a procedure.
The state executes 'em.
The people do.
I'm just a pair
of willing hands.
"Be honest in your estimate
of yourselves,
measuring your value...
by how much faith
God has given you"--
Father? Father? You have
a phone call. Robert something.
The Coalition to--
Thanks.
You'll be okay?
Back in a minute.
He'll be okay?
Sure.
Man, I ate too much of that.
You want a bromo
or somethin'?
I'll be okay.
Just, uh, take it easy.
I mean, it takes time.
There was a guy so fat once,
they buried him in a piano case.
Where'd you hear that?
Book of World Records.
Got a copy right over there.
Wow. I used
to have one of these.
Man, give me that.
Read everything there
is to know in this book.
Check that man out.
[ Whistles ]
That is a fat man.
1069 pounds.
I don't want to be buried
in no case.
And no box.
How tall
was the tallest man?
Huh? Ah, that's easy--
8 foot 11.
Tallest woman?
Seven foot 7 and a half.
Tallest man who was
not technically a giant?
Aha.
[ Chuckles ]
Attorneys for convicted murderer
Randall Jefferson...
now claim to have new evidence
which they hope will
save their client's life.
In a last-minute filing in
federal court this evening,
it was revealed that one
of the state's key witnesses...
may have been given
a lie detector test.
Great. Thanks. Bye.
That was Ronnie Pratt.
He's clerking for Addison.
The two of us were
summer associates together.
He thinks we definitely have
four judges leaning our way.
Eleven of them on the panel.
Three more, we got it.
What about Burton?
Burton? Wait a second.
I thought we had Burton.
They can't find him.
He took his family
to dinner theater tonight.
Either Plaza Suite gets out
early, or we get the alternate--
Philip Zaiac, the hanging Cuban.
Fastest car was Craig Breedlove,
Spirit of America.
Then along came Gary
what's-his-name, uh,
with the Blue Flame. See?
Only that was a rocket.
So folks didn't know whether
to grant him the record.
Hmm.
Mm-hmm.
You see?
It wasn't really a car.
It was just a rocket on wheels.
Hmm. I think they should
have gave it to him.
Yeah.
Yeah.
Fastest man wins.
I'm with you.
[ Footsteps Approaching ]
[ Sighs ]
Counselor.
How you feelin', Randy?
You have a good dinner?
I heard you had lobster.
Yeah, with some butter.
Good. Good. Uh,
I need to go over
a few things with you...
about what's gonna happen
in the next couple
of hours, okay?
Uh, approximately 11:30,
we're gonna move you
to a waiting area.
Now, uh, Father Maloney
will be with you
and your lawyer here.
You'll be there
about 15 minutes.
[ Guard ]
Mr. Berluti?
Phone for you.
Oh, my God, yes! All right!
Hey, congratulations, Bob--
I know, not yet.
We'll wait.
You comin' down here?
All right, I'll see you soon.
They gave him a stay!
They gave him a stay!
[ Prisoners Cheering ]
I just got the call.
Fifth Circuit agreed
that there was a question...
as to the propriety
of the D.A.'s office
at the time of trial.
It's kicked to the Supreme
Court, but as of this moment,
you got a stay.
Oh, my God.
I got a stay.
[ Jimmy ]
Okay.
[ Laughing ]
[ Chattering ]
[ Walgren Sighs ]
You happy?
The man is my client.
The man is a killer.
I did my job.
You sound like you're
runnin' for somethin'.
You don't know me.
You don't know my office.
If you withheld a lie detector
result, I know enough.
You know, I asked
some buddies of mine up north
what they knew about you.
Did you?
They felt it was a bit
hypocritical for you...
to be setting ethical
standards anywhere.
Let alone so far from home.
I'll see you in court.
I doubt it.
How ya doin'?
So-so.
May I have your attention,
please? We have
just received word...
that the United States
Supreme Court has lifted
the stay of execution.
We will proceed.
[ Chattering ]
I better go tell him.
No. Bobby, listen.
If you don't mind,
I'd like to tell him.
[ Guard ]
Open eight!
[ Gate Buzzing ]
[ Door Opens ]
Randy?
Go with God, my son.
[ Interviewer ]
Thank you.
Randy.
[ Langston ]
Let me just make
a brief statement.
Shortly after midnight
at the Cedar Springs Maximum
Security Facility,
the sentence of death
was carried out upon
Randall DeWitt Jefferson.
At 12:02, the procedure
was initiated.
By 12:03, the condemned
was fully unconscious...
and death was pronounced
just a few minutes ago...
at exactly 12:19.
His final words were...
that he was innocent
of the crime for which
he had been convicted,
that he asked pardon
of any people he had hurt,
and, uh, for their prayers.
[ Reporters All Chattering
At Once ]
[ Footsteps Approaching ]
Jimmy? We're headin' down.
You want to come?
Bobby's already down there.
Nah. Thanks.
I'm beat.
You sure?
Yeah. Maybe
I'll watch some TV.
Yeah. Okay.
Good night.
See you in the morning.
Good night.
The Spirit of America.
[ Interviewer ]
Sorry?
Why don't you go
get a drink, okay?
Okay.
Look, Jimmy, I, uh--
I just have
one more question.
What?
Look, I don't know if
it's appropriate, but, uh,
do you still maintain
your former feeling
about the death penalty?
I've answered
enough questions today.
[ Woman ]
You stinker!
Excuse me, sir.
Do you think that
the people on death row should
have a right to an appeal?
These people forfeit
their right to live. Period.
You take a life,
far as I'm concerned,
you have no rights.
They give them the weight
rooms with TV sets,
the cable TV. Right?
So, no thanks.
It's an eye for an eye,
not an eye for H.B.O.
It's a little barbaric,
isn't it? I mean,
it's just vengeance, right?
[ Man ] Did you hear about the
execution of Randall Jefferson
tomorrow night?
Tomorrow night?
No, I didn't hear that.
What'd he do?
They say he murdered
a 19-year-old girl.
Fry him.
Fry 'em all.
I believe this man deserves
everything he gets for what
he did to that girl.
And her parents, my gosh,
to lose a child,
there's nothing
worse than that.
[ Woman ]
I think about what Jen, uh--
about what she'd be doing.
You never get over that.
Maybe after tomorrow.
If they really
do it this time.
[ Interviewer ]
You don't think the execution
will actually take place?
Man's had three dates
come and go already.
Now I hear he's got
some new lawyers--
some out-of-state lawyers.
I don't understand
who would do a job like that.
I mean, what kind of people
would want to help an animal
like Randy Jefferson?
You got water pressure
in your room?
We're not staying here.
Figures. Where'd they put you
up, like, uh, the Four Seasons?
The Ramada, actually.
I realize that.
But our position is the man
did not receive a fair trial--
You guys got water pressure
over here?
[ Eugene ] My room's fine.
Jimmy, we need that index.
I got no flush power.
We believe it's important
for the governor to hear
this evidence himself before.
I understand, but--
You're fine.
It's okay in here.
I know that.
But what I'm saying is--
I can't believe this.
Jimmy, will ya knock it
off in there?
I got the background
for the pardon board. Here.
[ Sighs ]
Hello?
Now they're saying that he
won't meet with us personally,
but he may--
and they stress "may"--
attend the clemency hearing.
They assured us
that he'd meet us.
His office says he'll take
the pardon board ruling
"under advisement."
You shouldn't use the minibar.
Jimmy, do you mind?
We need those exhibits.
Jimmy, would you just relax?
Okay, let's just
settle down.
I stayed in a place once,
they had this big
cheese plate.
Check with the front desk,
Lindsay, please.
It cost me 22 bucks.
Jimmy, it is just
a bottle of water.
Everybody, just shut up, please!
Take a look at this.
Randall Jefferson,
convicted in the 1988 murder...
of Richmond coed,
Jennifer Carson,
is set to die
by lethal injection
just after midnight tonight.
Robert Donnell,
Jefferson's attorney, arrived
here this morning from Boston,
and Channel Three's
Elizabeth Knox was there.
No, I don't think it's over
by any means.
Governor Benning has assured us
that he will personally
attend the clemency hearing...
and I have confidence
he'll see that my client
did not receive a fair trial.
That's all.
Meanwhile, at Cedar Springs
Correctional Facility,
only yards away from the room
where he is set to die,
Randall Jefferson
can only wait.
[ TV Turns Off ]
[ Line Ringing ]
[ Cell Door Opens, Closes ]
[ Sirens Wailing ]
[ Siren Wailing ]
[ Horn Honking ]
[ Interviewer ]
You reloaded?
You rolling?
Okay, here we go.
Mark it.
[ Bobby ] Now wait a second.
Uh, Bobby, if this isn't
a good time--
Uh-- No, uh--
Go ahead.
Ask your questions.
Okay, just a little bit
on how you got here,
just background on Randy.
[ Bobby ] Okay. Uh,
he's been on death row
six-and-a-half years.
That's pretty much right,
I think.
His first lawyer
missed the deadline
for filing habeas.
It took three years just
to reach federal court.
Have you been with him
the whole six-and-a-half years?
About a week.
The fact is, Randy had
no lawyer for two years.
About a third of the guys
on death row don't.
The Capital Defenders Project
monitors who's up next.
And they asked us in.
Hey, Bobby, we gotta go.
Clemency hearing
starts in 40 minutes.
How do the other lawyers feel
about coming down here, about
us filming their every move?
Oh, would you get out
of my face!
Heckinger will be sitting
to your left. Try to direct
as much as you can to him.
Lopez will be in the center.
His sister was carjacked
last year, so keep clear.
What about the attorney
general, Walgren?
He'll go first,
and he'll be good.
He not only tried the case, but
he got elected A.G. by promising
to pull the switch himself.
Governor's not gonna
make it. He's judging
a 4-H show in Dinwiddie.
Oh, that's not good.
Hey, no press
allowed up here.
They're making
a documentary.
Is that right?
[ Interviewer ]
Yeah, we talked to Tom Edgar.
Here it is.
All right.
Here we go.
[ Man ]
These give you some idea
of the brutality.
The slashes on the arm,
she tried to defend herself,
but the blows kept on coming.
There has been no show
of remorse, no regret,
not even an acknowledgment
by Mr. Jefferson
that he even did this.
Let's be clear here.
I don't celebrate
the death penalty.
It should be used to punish
only the most brutally
coldhearted killers.
Randy Jefferson
meets that criteria.
Randy Jefferson's trial
lasted three days.
Three days.
The only testimony against him
came from a convicted felon...
who said Randy made
a jailhouse confession
to him,
and who only gave his testimony
after the prosecution offered
to reduce his sentence.
No weapon,
no other forensic evidence.
Mr. Donnell,
he was convicted.
Are you here to retry him?
I'm here to emphasize that
the trial lasted three days,
with a lawyer who called
only one witness...
and spoke for just two minutes
at the penalty phase.
We have medical records
never entered as evidence...
documenting a pattern
of abuse at the hands
of his stepfather.
If you're suggesting ineffective
assistance of counsel,
the United States Supreme
Court has already rejected
that claim.
Not on merits. The court
found he had not raised
the issue in a timely fashion.
So you're asking us
to second-guess
the Supreme Court?
Look,
a man is waiting
to die here.
And the truth is
you may be his last hope.
All I'm asking is that
you look at the process
that condemned him...
and ask yourself,
was it conducted fairly?
Fourteen minutes.
They could have at least
pretended to discuss it.
Governor could still
override it.
Oh, there's some hope.
[ Sighs ]
Someone's gotta tell Randy.
No, no, no.
It's just a recommendation.
He can still grant you
a pardon and--
and we hear that the governor
is taking a very strong interest
in your case, Randy.
I'll tell you what.
Uh, I'm on my way out there now.
And I'll talk to you soon.
Okay?
Okay. Great.
Lindsay, where are we?
Still holding. We can't get into
federal court until we hear
from state supreme.
They're gonna ding us pretty
quick, so let's be ready.
Jimmy, I need you with me.
I thought I was with Eugene.
That was then.
If things start gettin' crazy,
I'm gonna need someone
at the prison with Randy.
Bobby, could we talk about
this, like, uh, privately?
I mean,
you know my feelings.
I knew this would happen.
Lindsay, I'm entitled
to my feelings.
Jimmy, I understand
your feelings,
but I need you.
But you don't understand. It's
just that I'm not comfortable
with certain aspects.
The man's on death row
for a crime he possibly
didn't commit...
and for which he definitely
didn't get a fair trial.
What "aspects"?
Aspects like I keep thinkin'
about that young girl...
who got left
on the side of the road.
That's why he's on death row.
No, he's on death row
because the poor man--
Stop it!
Stop it, all of you!
That's enough.
You too. Shut it off.
[ Cell Door Closes ]
I understand Bobby's position.
This isn't a question
of guilt or innocence.
It's a question of fairness.
Obviously,
that's why we're here.
I'm mean,
that's why I'm a lawyer--
to see that justice is done.
But I'm not gonna
lie to you.
I don't see the justice in
a young girl having her life
snuffed out,
and the bozo who did it
getting to wake up
every morning...
to bacon and eggs
on my dime and your dime.
[ Interviewer ]
You sound angry.
Well, maybe I am.
It makes me angry when
people treat this guy...
like he's some kind
of saint just 'cause
he's gonna die tomorrow.
I mean, we all die.
That girl died.
Jimmy, if you're not gonna
be okay with this--
No, I'll be fine.
Good.
I love babysittin' murderers.
Hey, you said be candid.
Pay no matter to the cameras.
[ Door Buzzing ]
What's goin' on, boys?
They're makin'
a documentary.
Not on my watch they're not.
It's okay, Billy.
They got clearance.
Oh, yeah? Y'all gonna
show the whole thing?
Right up to the cocktail hour?
Funny.
Let me see my client.
Guess you found your way.
Open her up, Bill.
I'll take it from here.
Yes, sir, Warden.
Steve Langston.
Good to meet you.
Well, gentlemen,
if you're ready,
let's go meet our friend.
[ Gate Opens ]
[ Door Closes ]
[ TV, Indistinct ]
[ Woman On TV ]
Believe me, it's nothing...
compared to what your father
and I have had to endure.
[ Guard ]
Open eight!
Randy. Bobby Donnell. Nice
to finally meet you in person.
You too.
This is my associate, James
Berluti. He'll be with you
the rest of the day.
So, whatever you need--
Yeah, right.
Whatever.
Thanks for comin'.
[ Bobby ]
So, that's where
we were this morning.
Right now, we're waiting
for the state court.
That should be soon.
But whatever they say,
we move directly
into federal court.
We have some good issues.
Okay. Sounds good.
And you know, the governor
can always grant you
a pardon on his own.
Yeah, I know that.
What about you?
You all right?
I got my moms,
some family comin'.
They had a problem.
They couldn't find out
the visitin' times.
I'll fix it.
Thanks.
Thanks a lot.
What do you mean
"test the equipment"?
They test it,
make sure it all works.
I want you there.
If anything malfunctions
or even looks shaky, that's
something else we can argue.
That sounds a little
desperate, Bobby.
Like we're not desperate?
Remember the guy in Florida,
defective electric chair,
uh, barbecued his head?
If anything goes wrong
with the equipment,
how they handle it--
anything at all-- we might
have Eighth Amendment grounds.
You'll be there?
So we have a record?
[ Interviewer ] Yep.
Just keeps gettin'
better and better.
Just do it, Jimmy!
It's lethal injection.
What could go wrong with it?
What'd ya get?
Twelve hundred.
No, it's not worth it.
Two above and blue book.
Is that right?
You'll never get
your money back.
Is that my heart?
Yeah.
It's racin' too.
I'd go get a physical.
Hey, you ticklish?
- All right, I got pressure.
- Pick an arm. Any arm.
No, this one's taped.
- How ya doin'?
- Starting the saline now.
All right. Yeah.
Got clean lines.
[ Man On Table ]
I don't feel so good.
That's the point.
Oh, God.
Okay, I'll be right back.
Don't go anywhere.
- Think I'll be here
for a while.
- [ Men Laughing ]
[ Man Over TV ]
Preparations continue here
for tonight's execution...
of convicted murderer
Randall Jefferson.
Just minutes ago, the state
supreme court dismissed
his last series of appeals.
That means his lawyers
will now have to race off
to federal court.
But for now,
preparations continue--
Here we go. District court
names are at top,
court of appeals at bottom.
I've starred
the Reagan appointees.
I should've crossed them off.
Fax numbers, home phones,
reversal rates.
You're sure we can get around
the new habeas restrictions?
It's not really habeas.
We're asking for a hearing based
on evidence not available
to the trial court.
It would be nice
if we had some new evidence.
Where are we on
ineffective assistance?
Affidavits from two clerks
sayin' his first lawyer...
basically sat passive
through most of the trial.
A fact which seemed
to bother no one.
I just got off the phone with
Franklin Walters, the judge
from the original trial.
He's willing to say that
if he would have known about
the abuse in Randy's past,
he would have used
his discretion...
to convert the death sentence
into life without parole.
He's faxing it over right now.
Well, that's something.
What about that
jury pool business?
It won't fly.
Under McCleskey, we'd still have
to show specific discrimination
in this case.
What about that jailhouse
witness, Dugger, the one
who claimed Randy confessed?
Remember him?
Yeah, yeah.
No, there is something.
I was going through
these press files again,
and Frank Dugger gave
a few interviews around the time
of the first state appeal.
And there is one here,
and he said something
really strange.
Yeah.
"There's no question.
I heard what I heard.
The man told me he killed
that girl. I took that test,
so you know I'm not lying."
Test?
Like in a polygraph test?
Who gave him a lie detector?
And why isn't it
in the record?
What's our deadline to file,
outside?
6:30, at the latest,
maybe 7:00 to append.
Okay, that gives us six hours.
Let's find Dugger,
see what he meant,
first of all.
Was there a polygraph,
what was the result, and what
the hell happened to it?
Lindsay, let's find a way
to leak this thing, maybe
get Walgren to play a card.
And that first lawyer,
Cooperman. Eugene, do
a fly-by, see if he waves.
That's it. Let's go.
[ Interviewer ]
We heard about your appeal,
uh, being turned down.
It's all right.
It didn't surprise you?
Way as I see it, people
done made up their minds.
All the appeals, motions,
boards, whatnot.
People wanna
believe somethin',
that's what they gonna do.
Can't change that.
Been tryin' six years,
three months, 26 days.
Just tired of it.
They want me, I ready.
Uh, your lawyer, Bobby Donnell,
he seems to think you still
got a ways to go.
That's what he says.
I don't know.
I'm just here.
But I'm ready...
if they want me.
Uh, what are you reading?
Guinness Book of World Records.
So many things in here.
Strange things.
I used to think,
I get out, see everything,
do everything.
Rocket cars.
Rocket cars.
Yeah, I like those.
Rocket cars. Now--
Now I'm strong.
I made my peace.
You know?
Yeah.
I's ready.
I's ready.
[ Interviewer ]
What's the difference between
a polygraph and a lie detector?
A polygraph
is a lie detector.
Okay, so this
unreported polygraph test,
why is it so important?
I thought
they were inadmissible.
They are.
But if the prosecution took a
polygraph and the result in any
way suggested Randy's innocence,
the law is they got to turn
that over to the defense.
If they didn't,
it's prosecutorial misconduct.
If they did and
the defense ignored it,
well, then that's
ineffective assistance
of counsel.
And that's enough
for a stay of execution?
Ten years ago, with Brennan
and Blackmun and Marshall,
even money.
Today--
Eugene, what's your impression
of Randy Jefferson?
I don't really know him.
But that's not the point.
Who or what he is
is beside the point?
What he is is black,
among other things.
There's a point to that.
So this is a question
of race with you?
The death penalty is about race.
The fact is if you're
a person of color and you kill
a white man in this country,
or, God forbid, you do what
they say Randy Jefferson did
and kill a white girl,
you are 12 times more likely
to end up on death row...
than a white man for killin'
a black person.
But that's not something
you can actually argue in court.
Nope.
Can't argue that much
in court.
I'm looking
for Tommy Cooperman.
He's with a client, but--
What is this?
They can't come in here.
You can't come in here!
Mr. Cooperman?
Mr. Tommy Cooperman?
Sir, you can't do this!
I need to ask you questions
about Randy Jefferson.
Hold on.
This is my office.
I don't have to talk to you.
Sharon, call Mitchell.
No, call the police.
He may be executed tonight.
Look, I told you on the phone,
that was a long time ago.
It's over.
I'll come back.
No, hold on.
Damn, will you turn that off?
That was a client.
Mr. Cooperman,
I have a client who
may be dead tomorrow.
That's not my fault.
Look, what do you
want from me?
I'm sorry about Randy.
I did what I could.
I'm not here to blame you.
I need 10 minutes of your time
to help save a man
who may be innocent.
You got 10 minutes?
You, uh, okay in there?
Yeah.
You need anything?
A cup of coffee?
Okay, then, uh, I'm gonna go
make a few phone calls,
stay on top of things.
You sure you're okay?
I's fine.
Then, uh,
I'll see ya then.
You ever have an operation?
In a hospital, I mean?
[ Interviewer ]
No, actually,
I haven't.
I had my appendix out
when I was 13.
And they put a mask
over your face and tell you
to count backwards from 10.
And then... nothing.
That's how this goes.
Faster.
Except he'll never wake up.
Bobby says
not a fair trial.
Okay, I think it's worth
a look, or two, or three.
But the way I read it,
they pinned the guy.
He's guilty,
he pays the price.
It's supposed to be
the most humane way.
And they just go to sleep.
Like they do
to a dog or a cat.
They just go.
It's merciful, right?
As of 11:30 this morning, the
state supreme court has denied
Mr. Jefferson's latest appeal.
My office has filed
in federal district court...
and we are confident
they will uphold that ruling.
Look. Eugene says Randy's
old lawyer never heard
of any lie detector.
He says even though
he was in over his head,
he would have never
ignored a polygraph result.
Where are we with that witness,
Frank Dugger?
Uh, Lindsay, hold on.
Call waiting.
Yeah?
Right. Right.
Exit eight.
Got it. Thanks.
Thanks a lot.
Okay. That was
the parole officer.
We got him.
Dugger works at some
burger joint off I-70.
I'll head out there after--
Ah, we're just
getting started here.
Uh, I don't know
when I'm gonna be done.
I'll get Eugene.
How you guys holdin' up?
Yeah, me too.
[ Walgren ]
Yes, Alice?
Is the Fifth Circuit
considering anything
not raised in state court?
No. There are no new issues.
This case has been litigated
for seven years.
It's almost over.
[ Bobby ]
Excuse me, Mr. Walgren.
Mr. Donnell?
We have information that
a witness, Frank Dugger,
may have been given
a lie detector test
by your office...
prior to his testifying
against Randy Jefferson.
Do you have a comment?
That is absolutely ridiculous.
I will say this, Mr. Donnell.
Mr. Dugger came forward
voluntarily with his testimony.
Based solely on the specificity
and detail of that statement,
my office concluded
we had a credible witness.
[ Woman ] Mr. Walgren.
Thank you, ladies and gentlemen.
Thank you very much.
We have a piece of evidence
that Mr. Dugger did
a lie detector test.
I'm lookin'
for Frank Dugger.
Well, enlighten me.
It's what I said.
Whatever's there,
that's what I said.
Well, Frank, you said a lot
of things over the years.
The man killed her.
Looked me right in
the eyes and told me so.
Told me how he stabbed her.
And you took it upon yourself
to inform the district attorney?
I had to.
You hear somethin' like that--
I was losin' sleep.
And the D.A., Walgren,
he accepted your story?
Yeah. So?
It didn't bother anybody that
people you share cells with have
a funny habit of confessing?
Hey, I'm a good listener.
When you came forward with
Randy Jefferson's confession,
did the D.A. give you
a lie detector test?
What?
I read in the paper where
you said they gave you a test.
You read a lot of things
in the paper.
Did they give you a test?
I don't recall.
You don't recall?
Frank, a man
is about to die.
If you are
in any way responsible,
I will never go away.
You know how long
"never" is?
Not in front of them.
Turn it off.
[ Interviewer ]
So, what's it like?
It's like the
air gettin' tighter,
heatin' up.
Like you want to rip off
your clothes, but it ain't
your clothes, it's everything.
That's just what it's like.
People say it's justice.
But, the row--
the row ain't justice.
You sittin' here waitin',
knowin' they want to kill you.
They want to kill you.
And one day,
they gonna do it.
Maybe Randy's dyin' tonight,
you know, but really,
all of us,
we're already dead.
11:50, thereabouts,
we'll initiate
the preparation protocol--
fitting Jefferson
to the table itself,
attaching monitor cables,
intravenous tube,
et cetera.
At 11:55, we'll do
the final rundown,
and I issue
the execution order.
Uh, at that point, we also,
uh, seat the witnesses
in the viewing area.
At exactly one minute
past the hour of 12:00,
the technician initiates
a flow of Sodium Pentothal.
That's a barbiturate,
puts him to sleep.
And after that,
pancuronium bromide
and potassium chloride...
are administered
in lethal concentrations.
And that is it.
I don't foresee
any complications.
Of course you never know.
How do you mean?
Well, no system's
foolproof.
Particularly when it comes
to the ending of human life.
Uh, life is tenacious.
Like hope, I guess.
Sorry?
Uh, this is where
I have to leave you.
[ Interviewer ]
Mr. Carson--
Get off my porch.
Sir, if you just have a minute--
No, we don't have a minute.
We don't have any more time
for you people.
It's all right, honey.
They're leaving.
Okay, Mr. Carson, we--
You didn't tell me
that you were talking
to Randy Jefferson.
Uh, yes, we did.
What are you trying to do,
make him a cause?
No, not at all.
You gonna make a nice
good-bye film for him? Hmm?
Gonna let the whole world
see him as human?
Well, my daughter
didn't get to say good-bye.
Nothin' human about
what he did to her.
[ People Chattering ]
[ Man ]
So, he picks me up,
puts me in the cart.
I said, "Mama won't let me."
He said, "Mama said
it's all right."
Then he pushed me
down the hill.
[ All Chattering,
Laughing ]
[ Woman ]
That's why
they never won.
We won a few games.
What you talkin' about?
We did good.
[ Chuckles ]
I'm gonna miss you.
Excuse me?
Are you my son's lawyer?
I'm, uh, part of the team
for your son.
I just wanted to thank you
for all your hard work
on his behalf.
Uh, it was nothing.
And for believin' in him
all this time.
I, uh--
You're welcome.
Carl? Darius?
That's Carl.
This is Randy's brother.
And Darius.
Come shake the man's hand,
Darius.
Hey, Darius.
And that's my mother.
Come here, Mama.
We just want this
to be over with. We want to
get on with our lives.
Bloodlust.
Makes for good ratings.
What?
That's the reason they took
the business of justice out
of the hands of the victims.
Oh, I see.
So, they shouldn't
be allowed to grieve?
That's not what I mean.
Well, what do you mean,
Lindsay?
If the governor sees that,
we can't expect the government
to be objective these days.
They just want some closure.
Is that so hard
for you to understand?
Eleanor, I didn't mean it.
I know what you mean.
Okay.
Eugene came through.
They did give Dugger
a polygraph, and Randy's
old lawyer never heard of it.
Now we find the technician
who administered the polygraph,
and we're right back in this.
All right, this--
I want to see their record.
Yeah, okay, okay,
I thought you'd finally
get around to me.
I gotta tell you, your timing's
a little shaky on this.
Uh--
All right, look, my position,
if you want to call it that--
I usually prefer not
to speak in absolutes, but--
My position has changed
somewhat over time.
No, actually, I know exactly
when my position changed.
April 27, 1991,
when my very best friend...
let some guy into her walk-up
on East 73rd Street
in New York.
Yeah, supposed to be
this great neighborhood, right?
And he, uh-- he followed her
upstairs, and he somehow
got her up to the roof...
and he, uh-- he stabbed her
and he killed her.
Anyway, before,
uh, Lisa's death,
I was fervently anti-death.
I mean, loudly anti-death.
I--
I would have had bumper stickers
on my car, if I had a car.
But you know,
when I think of Lisa,
so frightened up
on that roof--
She wanted to have kids,
you know?
And then I think of him,
the butt-wipe that killed her,
and how he must have smiled
to have such a pretty girl
up on that roof with him.
Actually,
my position hasn't changed.
But let's just say,
uh, I have a car now.
No bumper stickers.
[ Door Opens ]
Is that enough?
[ Bobby ]
Ellie?
If you're finished
with your close-up,
the governor just rang.
Yeah.
[ Woman Over TV ]
In rejecting Jefferson's
last-minute plea,
Governor Benning said
that in his opinion--
I'm seein' it
on the television.
Just like that, huh?
Attorneys for the condemned man
expressed their dismay
with the governor's ruling--
So, uh, you called Randy,
right? I mean, uh,
you told him, I hope.
'Cause, uh, I'm not
so good with bad news.
Thanks.
Listen, Bobby, I'd like
to get out of here now.
Bobby, you know I
get conflicted feelings.
I'm tryin' to tell you,
it's not comfortable--
Yeah. Right.
Okay.
Yeah. I knew
I'd get this speech.
Whatever. Yeah.
Sure.
[ Sighs ]
[ Door Closes ]
[ Man ]
Chicken teriyaki
with extra teriyaki sauce.
You like that Chinese food?
Yep.
Some strawberry ice cream.
Some Twinkies.
You like them one on top
of the other, right?
Yeah, that's the way I like 'em.
And we got ya some lobster.
You ever had lobster
before?
When I was a kid.
[ Guard ]
You know how to eat it?
[ Jefferson ]
I know how to eat this thing.
Watch out, Randy,
bite your head off.
[ Laughing ]
Look.
All the good stuff's
inside.
You gotta break it open.
Usually you use like, uh,
pliers or something.
Yeah, that's the meat
in there.
Okay.
Hold on. Now you
need some butter.
It's no good
without butter.
Butter?
You got any butter?
And, like, a microwave?
Here.
Go for it.
Take a big swipe.
Now pop it in your mouth.
So? Good, huh?
It's good.
Mr. Rintels?
Hi, my name is Eleanor Frutt.
I'm an attorney.
And I was wondering if
your security firm was using
polygraph analysis...
seven years ago
in the Overland area?
I see. Okay.
Well, thank you very much
for your time.
That's it. We're set to go.
How much more time?
None.
His clerk was expecting
our filing 12 minutes ago.
Bobby, we can't
wait any longer.
We don't have enough.
Don't you think
the affidavit from Frank Dugger
at least raises the question?
They're not holding up
this execution on the word
of some ex-con.
But they'll kill him
based on his word.
What about a temporary stay
pending a review of
Walgren's old files?
Fishing.
There has to be some record
of that test!
Five minutes, then we go
with what we have.
Maybe we could get a subpoena,
or we'll find a judge--
I got it! I got it!
And you conducted a test
on Frank Dugger
in the Randy Jefferson case?
Uh-huh. I understand.
I understand.
No, no, no. I know.
It was just internal.
Yes!
Mr. Gordon, would you be
willing to sign a statement
based on what you just told me?
That would be great.
Could you just hold on one
second, please? Thank you.
He says he remembers
the test. He says that
Dugger tested borderline...
and that he went to
Walgren's office and told him
all about it way back when,
and then
they never responded.
Walgren sat on it.
That's it. Type something up.
Lindsay, make the call.
Tell 'em 10 minutes.
Can you believe this?
Let's move!
First time was by lottery.
I just felt so strongly that
this man was deserving of death.
And it's biblical--
a life for a life.
And if I felt that way,
I wasn't going to stick
my head in the sand.
I was going to
back it up by action.
So when they made
the lottery available,
I signed up first thing
and got picked.
Simple, really. You just
gotta know how to handle the
syringe and be steady about it.
You aren't even in the room,
so there is no public relations
of any kind.
That's nine men
you've executed in, uh,
how long a period of time?
That would be...
just this year.
But let me clear something up.
I don't execute them.
I just carry out
a procedure.
The state executes 'em.
The people do.
I'm just a pair
of willing hands.
"Be honest in your estimate
of yourselves,
measuring your value...
by how much faith
God has given you"--
Father? Father? You have
a phone call. Robert something.
The Coalition to--
Thanks.
You'll be okay?
Back in a minute.
He'll be okay?
Sure.
Man, I ate too much of that.
You want a bromo
or somethin'?
I'll be okay.
Just, uh, take it easy.
I mean, it takes time.
There was a guy so fat once,
they buried him in a piano case.
Where'd you hear that?
Book of World Records.
Got a copy right over there.
Wow. I used
to have one of these.
Man, give me that.
Read everything there
is to know in this book.
Check that man out.
[ Whistles ]
That is a fat man.
1069 pounds.
I don't want to be buried
in no case.
And no box.
How tall
was the tallest man?
Huh? Ah, that's easy--
8 foot 11.
Tallest woman?
Seven foot 7 and a half.
Tallest man who was
not technically a giant?
Aha.
[ Chuckles ]
Attorneys for convicted murderer
Randall Jefferson...
now claim to have new evidence
which they hope will
save their client's life.
In a last-minute filing in
federal court this evening,
it was revealed that one
of the state's key witnesses...
may have been given
a lie detector test.
Great. Thanks. Bye.
That was Ronnie Pratt.
He's clerking for Addison.
The two of us were
summer associates together.
He thinks we definitely have
four judges leaning our way.
Eleven of them on the panel.
Three more, we got it.
What about Burton?
Burton? Wait a second.
I thought we had Burton.
They can't find him.
He took his family
to dinner theater tonight.
Either Plaza Suite gets out
early, or we get the alternate--
Philip Zaiac, the hanging Cuban.
Fastest car was Craig Breedlove,
Spirit of America.
Then along came Gary
what's-his-name, uh,
with the Blue Flame. See?
Only that was a rocket.
So folks didn't know whether
to grant him the record.
Hmm.
Mm-hmm.
You see?
It wasn't really a car.
It was just a rocket on wheels.
Hmm. I think they should
have gave it to him.
Yeah.
Yeah.
Fastest man wins.
I'm with you.
[ Footsteps Approaching ]
[ Sighs ]
Counselor.
How you feelin', Randy?
You have a good dinner?
I heard you had lobster.
Yeah, with some butter.
Good. Good. Uh,
I need to go over
a few things with you...
about what's gonna happen
in the next couple
of hours, okay?
Uh, approximately 11:30,
we're gonna move you
to a waiting area.
Now, uh, Father Maloney
will be with you
and your lawyer here.
You'll be there
about 15 minutes.
[ Guard ]
Mr. Berluti?
Phone for you.
Oh, my God, yes! All right!
Hey, congratulations, Bob--
I know, not yet.
We'll wait.
You comin' down here?
All right, I'll see you soon.
They gave him a stay!
They gave him a stay!
[ Prisoners Cheering ]
I just got the call.
Fifth Circuit agreed
that there was a question...
as to the propriety
of the D.A.'s office
at the time of trial.
It's kicked to the Supreme
Court, but as of this moment,
you got a stay.
Oh, my God.
I got a stay.
[ Jimmy ]
Okay.
[ Laughing ]
[ Chattering ]
[ Walgren Sighs ]
You happy?
The man is my client.
The man is a killer.
I did my job.
You sound like you're
runnin' for somethin'.
You don't know me.
You don't know my office.
If you withheld a lie detector
result, I know enough.
You know, I asked
some buddies of mine up north
what they knew about you.
Did you?
They felt it was a bit
hypocritical for you...
to be setting ethical
standards anywhere.
Let alone so far from home.
I'll see you in court.
I doubt it.
How ya doin'?
So-so.
May I have your attention,
please? We have
just received word...
that the United States
Supreme Court has lifted
the stay of execution.
We will proceed.
[ Chattering ]
I better go tell him.
No. Bobby, listen.
If you don't mind,
I'd like to tell him.
[ Guard ]
Open eight!
[ Gate Buzzing ]
[ Door Opens ]
Randy?
Go with God, my son.
[ Interviewer ]
Thank you.
Randy.
[ Langston ]
Let me just make
a brief statement.
Shortly after midnight
at the Cedar Springs Maximum
Security Facility,
the sentence of death
was carried out upon
Randall DeWitt Jefferson.
At 12:02, the procedure
was initiated.
By 12:03, the condemned
was fully unconscious...
and death was pronounced
just a few minutes ago...
at exactly 12:19.
His final words were...
that he was innocent
of the crime for which
he had been convicted,
that he asked pardon
of any people he had hurt,
and, uh, for their prayers.
[ Reporters All Chattering
At Once ]
[ Footsteps Approaching ]
Jimmy? We're headin' down.
You want to come?
Bobby's already down there.
Nah. Thanks.
I'm beat.
You sure?
Yeah. Maybe
I'll watch some TV.
Yeah. Okay.
Good night.
See you in the morning.
Good night.
The Spirit of America.
[ Interviewer ]
Sorry?
Why don't you go
get a drink, okay?
Okay.
Look, Jimmy, I, uh--
I just have
one more question.
What?
Look, I don't know if
it's appropriate, but, uh,
do you still maintain
your former feeling
about the death penalty?
I've answered
enough questions today.
[ Woman ]
You stinker!