By Stephen Cooper
The chance of there being “just mercy” for Nathaniel Woods facing lethal injection on March 5 for the killing of three Birmingham police officers is as good as the chance Alabama will ever reform its dismal, no-justice-to-be-found-anywhere legal system; it ain’t gonna happen.
A Hollywood movie and best-selling book about a legendary lawyer getting an innocent man — of death row, can’t change a culture of condemnation on its own. It cannot by itself, defeat deep-seated hatred and crass corruption that feeds off subjugates, and disenfranchises the poor in Alabama.
And so I hate to tell my progressive, abolitionist friends. But it is unreasonable and naive to think the undeniably decent call for “just mercy” can push the needle from out of the veins of flesh-and-blood human beings — even old, dying ones — condemned to death in Alabama.
The righteous cry for “just mercy” can’t cool the hot, facile, and feral appeal of vengeance in a state soaked in the blood of slavery and segregation; where hatred for common humanity thrived, and, where it remains. Having long ago seeped into its criminal code, policies of mass incarceration, entrenched and inescapable poverty for so many – its abysmal prison conditions and its terrible twisted addiction to capital punishment.
“Just mercy” doesn’t exist in Alabama, because truth be told, justice doesn’t exist in the state either.
Elsewhere I’ve written how Alabama has been torturing poor people for a long time, how it’s been ducking and dodging death penalty accountability, and, how its sick and shrouded plan to exterminate a substantial portion of its death row population with nitrogen gas is an abomination. But this time let me offer a new, concrete, more personal anecdote to illustrate how unfair and unjust Alabama’s so-called “justice” system is.
Over five years ago, as a “capital habeas” or “post-conviction” attorney, I was involved in litigating a capital case in Alabama. The end result of our Herculean effort was that a man named Christopher Revis had his death sentenced vacated and a new trial ordered by Marion County Circuit Court Judge John H. Bentley because of juror misconduct and ineffective assistance of counsel.
Over five years have passed since that magical, momentous, Hollywood movie-like day when Bentley ruled. But, guess what? Christopher Revis still has not had his new trial.
That’s right. Even though Revis was ordered to have a new trial on capital murder charges over five years ago, he hasn’t had it. Nor has his case otherwise been resolved. Instead, the only thing that has happened to Revis during all this time is he has remained in Holman prison—locked down in a place that is otherwise known as “hell on earth”—where he had already been incarcerated for nearly a decade before I met him.
Last year, after more than four years, had passed since Revis was ordered by Judge Bentley to have his new trial, I re-activated my Alabama bar card and traveled to Alabama for a few days to see if I could suss out—as a freelance writer who still cares about my former client, his family, and the rule of law—what the heck is happening. I failed.
But I am not alone. Because — does anyone in the legal community, press, or the public know why Christopher Revis has not had his new constitutionally mandated trial yet? Has any competent, conscientious journalist anywhere ever looked into Christopher Revis’s case and this question before? Nope and nope.
Have I, as Revis’s former lawyer, and after having been contacted and asked to do so at various times by Revis’s desperate family over the years since I left law practice done everything possible to alert members of the legal community and the press (both local and national) of the unconscionable passage of time in Revis’s case? Yup. But you can google for yourself to find out just how little that has accomplished.
And so, although I don’t relish being in the role of spoiler and bearer of bad news; in my opinion, based on my own personal experience, before “just mercy” can be anything but a wishful and fleeting slogan on highway billboards in Alabama — the State must first be able to competently and fairly provide justice to its citizens. Citizens like Christopher Revis. So far it hasn’t.