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An Eye For An Eye, A Tooth For A Tooth (Reprinted from the January 1996 issue of the Chesapeake Examiner, published by the Chesapeake Bay Division -- International Association for Identification.) by JOE SCERRA, CBD--IAI When I recently read verses 17 through 23 of the book of Leviticus in the Bible's Old Testament, I was somewhat amazed. I wanted to accurately quote the passage I used in the title and in doing so I read the division that is the “Code of Legal Holiness.” Within this division there are chapters dealing with rules of conduct, penalties for various sins, and in chapter 24 the punishment for Blasphemy is detailed. I invite you to read this passage if you have a few moments. Probably the people who need to heed its message are our legislators, other high ranking bureaucrats, civil/human rights groups and especially members of the press/media. Basically, verses 17 through 23 state: “Whoever takes the life of any human being shall be put to death.” This leads me to our current time in history. In the Fall of 1990, numerous civil/human rights groups around the country were lobbying the Governor of Virginia, L. Douglas Wilder, to commute a death sentence imposed on Mr. Wilbert (Willie) Evans. I remember how infuriated I was that people who knew little or nothing about the case would put their two cents in. For those of you who do not remember the case, or were not around the metropolitan area of Washington, DC during that time frame, I will briefly explain those events that lead up to Mr. Evans' sentence. Willie Evans was incarcerated at the Alexandria, Virginia City jail. One day in January 1981, Alexandria Sheriff's Deputy William Truesdale was escorting Mr. Evans from the Alexandria City courthouse and back to the jail. By the front steps of the mall. Mr. Evans effected a premeditated escape by struggling with Deputy Truesdale. Mr. Evans then took Deputy Truesdale's service revolver and shot the Deputy to death. Mr. Evans was subsequently caught, tried and convicted by a jury of his peers and the sentencing judge upheld the jury's verdict and punishment. Mr. Evans had lengthy legal appeals but all were exhausted. Liberal media campaigns along with civil/human rights groups lobbied Governor Wilder to commute Mr. Evans' sentence to life in prison. Unfortunately, criminals do not always spend in their life prison. They can be pardoned, paroled, sentences can be commuted and prisoners can escape. Also, one national statistical figure I recently read, mentioned that an average life sentence for murder is eight years. Since these groups apparently were not concerned about Deputy Truesdale's rights, his family's feeling or law enforcement officers' rights, I decided to write a letter to Governor Wilder to express my sentiments. I am sure the Governor's Office was flooded with correspondence like mine. I was satisfied to observe that the Governor sided with common sense and the law enforcement community. Mr. Evans was put to death on October 17, 1990, at the Virginia State Penitentiary in Richmond, for the Capital Murder of Deputy Truesdale, Mr. Evans was the 246th person in Virginia to be put to death in the electric chair. A couple years passed and in December 1992, I read a very interesting article in a Washington newspaper about the events that surround being a State witness to an execution in Virginia. The article addressed the feelings of five of the six witnesses. After I read the article I decided that I would like to see how Justice can be served. I eventually received and returned, in November 1993, an application to become a witness. It was not until two years later that I would receive a telephone call with a follow--up letter. The letter explained that I had been selected to serve as a witness to an execution at the Greensville Correctional Center in Jarratt, Virginia. The letter I received was very poignant and informative. The first execution date I received was October 17, 1995, but I was notified a few days before that there would be a “stay of execution” and I was not needed. However, I was then placed on the list for a different execution and that one I did attend on October 19, 1995. I traveled to witness the execution in Jarratt, Virginia, which is located in Southern Virginia off Interstate 95 just prior to North Carolina in a beautiful rural setting. On the drive down, I intently listened to my car radio for any “stays” so I could turn around and go home. I heard two separate broadcasts which reported that the convicted murderer had distant relatives and their lawyers appealing for a stay in the execution. The Federal District Court and the U.S. Court of Appeals both denied the lawyers' request. Of course, I was holding my breath because an appeal to the U.S. Supreme Court was still possible. I continued on my journey, reflecting about the television drama show I saw the night before on the NBC series “Law & Order”. That episode was on the death penalty! I eventually arrived at a predetermined location where I met the other five State witnesses. They, too, came from far locations and a couple were local citizens. I estimated we ranged in ages from 35--70. Unlike myself, most had been on the list for about one year and many of the witnesses were involved in several stays of executions. One gentleman had been a police officer from Southern Virginia and now works as a private detective for his wife, who is an attorney. She had already witnessed an earlier execution. A pair of brothers were there; arriving from Virginia Beach. One of them had already seen an execution and he was escorting his brother, who was scheduled to be a witness. An elderly man from Petersburg was the first witness to arrive; followed by me and then a fellow from Richmond. He was a Deputy Sheriff and used to work as a Correctional Officer in the death row section at the Spring Street Penitentiary in Richmond. (Beginning in April 1991, the location of the State's executions was changed from the Richmond prison to the Greensville prison.) Finally, a preacher from Charlottesville arrived; he was an acquaintance of the condemned man and his mother. Most of the witnesses wanted to attend an execution for curiosity reasons and to see Justice served; however I think the preacher had additional reasons. Transportation was arranged for us by the Department of Corrections. We were met by a driver and two senior officials, who had the task of escorting us to the prison and remaining with us throughout the entire process. The Greensville prison is awesome; it is Virginia's largest penitentiary, with an approximate inmate population of 3,000 and about 1,000 Virginia State staff workers. It is actually five prisons within a prison. Inmates who are on death row are originally housed at the Mecklenburg prison and several days prior to their execution they are transferred to the Greensville facility for the sentence to be carried out. We were brought to a large conference room to wait, to get our questions answered and to receive instructions about what was to follow and of course we were searched. The time was well spent, for there were questions. The Correctional staff were very thorough and polite with all their answers to our questions. It was here that two members of the media joined us, for two representatives of the press are invited to each execution. By comparison, we were told afterwards, the news people had taken it easy on us--they really did not ask us many questions. Unlike we witnesses, one press member had seen at least one previous electrocution. The execution I was there for was going to be by lethal injection. (As of January 1, 1995, the condemned can choose between either the electric chair or lethal injection. If the condemned does not make a selection, then the Code of Virginia requires that lethal injection be used.) One thing that impressed me was how professional and helpful the entire staff was. It was especially noted when I learned that these staffers have other full--time day jobs and they have to work extra long hours to carry out the responsibilities for the night--time executions. Furthermore, preparations for each execution entails days if not weeks. After an hour or so in the conference room we continued by van to the area of the prison where the execution was to be carried out. I remember passing a large team of Correctional Officers at the outskirts of the barbed wire fencing; they were described as the elite Rapid Deployment Force. This team was present in case there was trouble--luckily there was none. The Rapid Deployment Force is also utilized by the State Police for a variety of emergency special situations because of their expertise. On the way to the execution chamber, I remember passing only one satellite news truck. We were told that because there are more executions taking place, due to changes in the law, etc., that the glamour of covering executions is getting old. However, our guide did mention that on one occasion there were 18 satellite media trucks stationed in front of the prison. I learned that up until the 1950's, executions usually took place nor more than 45 to 60 days after the death sentence was pronounced by the court. There were frequent respites or stays of execution ordered by the sitting Governors. They usually were of the 30 days duration but were often renewed, sometimes totaling 90 or 120 days. The first execution took place as a result of a case from Petersburg (VA) that had been appealed to the U.S. Supreme Court. A period of over four years separated the original sentencing and the execution. It was not until the 1940's that delays due to appeals became frequent and then the delays were of short duration. In the 1980's long delays became common and the length of these delays started to increase. Today the average length of time between sentencing and execution is about 10 years. We arrived at the execution chamber at about 8:45 p.m., 15 minutes before the scheduled execution. We had a short walk to the viewing area and had to pass the general prison population -- but they were calm that night! We took our seats behind a glass enclosure. No member of the condemned's family would be attending, but if they were they would be seated in an entirely different location. We learned in the conference room who the condemned was, a Mr. Mickey Wayne Davidson, a 38--year old male from Smyth County. Prior to traveling to Jarratt, Virginia, I had obtained from our prosecutor's office a legal brief about Mr. Davidson's case. In June 1990, the same year that Willie Evans was executed for murdering Deputy Truesdale, Mr. Davidson brutally and savagely killed his wife and two teenage stepdaughters with a crowbar. This sad incident was over a broken marriage, child custody, and child support by the stepdaughters' father. Mr. Davidson admitted to the offense and was sentenced by the courts to death in July 1991. The enclosed drawing which was graciously done by Rick Sexton, a fellow officer, accurately depicts the “Execution Chamber” as I recall it. One difference is the right door which is actually three times the distance to the gurney where Mr. Davidson is lying. I was the witness seated to the bottom right. The remaining witnesses were to my left and behind me, including the press, prison officials and a woman minister for Mr. Davidson. I saw a couple of members of the Attorney General's office to my right. The two men speaking on the telephones were high--ranking prison officials who were on the telephones the entire time. The right telephone was to the Governor's office. There was and a last--minute plea for and a stay to the U.S. Supreme Court, just what I was anticipating during my car trip to the prison. The execution was delayed for about 35 minutes. We were told that this was one of the longest last--minute delays ever. Then at about 9:35 p.m. the right door opened and Mr. Davidson was escorted by several anonymous Correctional Officers and strapped to the gurney. A large curtain was drawn across in front of the gurney and our vision of Mr. Davidson was momentarily interrupted, while the intravenous (IV) needles were placed into Mr. Davidson's arms. Then the curtain was pulled back so the witnesses could view the execution. The prison official on the telephone to the left stretched the telephone cord over to Mr. Davidson so that he might speak his last words. Mr. Davison said very little, something to the effect that he had nothing to say, that he would say it to the Lord. At this point, I could see the drugs traveling through the IV lines. They were being administered by qualified personnel from behind a large curtain area with a window in the middle. Three drugs were administered: one puts the condemned to sleep; the second deadens the muscles and third stops the heart. I could see Mr. Davidson breathing heavily by viewing his chest which was rising and falling with every breath. It was not long until the chest movements became shallower. Then there was no movement in his chest and that was when I knew he was dead. There is an EKG attached to the condemned so that the attending physician can certify that death has occurred and he did so. To the left of the gurney and behind the curtain was the electric chair, however, all that was visible were the legs and part of the frame. (To pronounce death to an inmate who was electrocuted, the attending physician has to listen to the inmate's heart with a stethoscope in lieu of an EKG. This is because the electrical current used to effect an execution would render the EKG inoperable and certainly would pose a danger to the staff personnel on hand. The electric chair and equipment is designed to deliver approximately 1,825 volts at approximately 7.5 amps for 30 seconds. Then 240 volts at approximately 1.5 amps for 60 seconds. There is a pause of five seconds, then the cycle is repeated. The equipment is operated for a total of three minutes. The cycle was designed to render the condemned brain dead within the first few moments. Our escort explained that the execution had been carried out. We were directed to leave and as I was exiting the execution chamber I glanced up at the clock on the wall to the right and it read 9:42 p.m.; almost one hour earlier we had entered “The Chamber.” As we were being driven back to our vehicles and as our van exited the security gate, the members of the Rapid Deployment Force were standing at “Attention”. The two individuals from the press were dropped off by the news satellite truck. We continued to exit the prison grounds and in the darkness I saw one lady holding up a lighted candle as we drove by. I wondered; was she there because of the victims or on behalf of the condemned? As we were thanked for performing our duty, I could not help but think how long the trip back home would be. I also thought about the Biblical passage discussed earlier, it truly was correct --— Justice was done in the Commonwealth of Virginia. On the way home, I heard on my car radio several news accounts of the execution I had just seen. At least the broadcasts were short in substance compared to the ones I listened to on the way to the prison. If any Virginia residents would like to be placed on the list to witness an execution, simply mail a letter to the following address and request an application:
Operations Officer As I reflect on the experience, all of the witnesses, I think, felt the same as I did. The execution I witnessed as a citizen of Virginia (which has been a requirement since 1909) will be remembered by me for a long time. I can not say I enjoyed it but I can state it was an experience; one I would repeat. I was a proponent before, and I still remain an advocate of the death penalty. Finally, as far as I am concerned, the death penalty is certainly a “deterrent.” (Editor— As our work can contribute in bringing about this ultimate act of judicial authority--the execution of a human being—our professionalism and ethics must reflect a reverence for human life. While all investigations will not result in an execution, ethics and professionalism cannot be turned-on just when they are needed, but must be developed and maintained continuously.)
This article was reprinted in “THE PRINT” |