Just Mercy: Chapter 4 Summary & Analysis

In the summer 1989, despite a series of setbacks with obtaining space and securing funding, Stevenson and his friend Eva Ansley finally open the Equal justice Initiative (EJI) in Montgomery, Alabama. Even as they struggle with fundraising and hiring, they are immediately bombarded with death row cases. EJI clients begin pleading for them to make last-stage appeals for fellow inmates. Stevenson remarks that counsel in such cases was becoming even harder to secure since the publication of an article by David Bagwell, the volunteer lawyer who represented the recently executed Wayne Ritter. In the article, Bagwell expressed his disillusionment, encouraged lawyers not to defend death row cases, and expressed his support for the death penalty, saying “mad dogs ought to die.” Bagwell’s article was passed around among inmates, who developed a greater distrust of lawyers.

Two of the inmates Stevenson and Ansley’s clients beg them to assist are Michael Lindsey and Horace Dunkins. Stevenson and Ansley appeal Lindsey’s sentence on the grounds that the judge had converted the jury’s verdict of a life sentence to the death penalty. Stevenson writes that while Alabama’s judicial power could be used to convert a death penalty into a life sentence, 91% of the time when it is used, Alabama judges use it to convert from life sentences to the death. Stevenson comments that due to a lack of public education and competitive election cycles, Alabama judges often apply the harshest available punishment in order to appear tough on crime. The governor of Alabama, Guy Hunt, denies EJI’s request for clemency for Michael Lindsey, who is executed in May of 1989.

EJI makes another last-stage appeal for Horace Dunkins, a mentally retarded man, but their appeal is denied. Stevenson writes that at the time of Dunkins’ execution, the Supreme Court allowed executions of the intellectually disabled, and it wasn’t until 13 years later in the Atkins vs. Virginia ruling that the practice was banned. Horace’s botched execution prolongs his death, and, against the family’s religious requests, an autopsy is performed. The family tries to sue the prison because, on top the system taking their son’s life, they feel that the autopsy was wrong because the prison “had no right to mess with his body and soul, too.”

After the executions of Lindsey and Dunkins, Stevenson and Ansley are still struggling to set up and staff their office due to their limited budgets and difficult work conditions. One day, a death row inmate and Vietnam veteran, Herbert Richardson, calls EJI pleading for help. His execution date is 30 days away. Stevenson tries to delicately explain his limited resources, but Herbert persists, telling Stevenson that all he wants is some sign of hope. Stevenson is haunted by Richardson’s desperation and, feeling that he “can’t say no,” Stevenson takes on the case.

Stevenson explains that Herbert’s traumas of childhood abuse and his mother’s death were exacerbated by wartime violence. While in a New York veteran’s hospital for his mental health problems, Herbert began dating a nurse and found a new sense of love and hope. When his attachment became unhealthy, the nurse left him. She moved home to Alabama, but he followed her. He placed a bomb on her porch, hoping that when it exploded she would run back to him for “protection.” Stevenson writes that Herbert was deluded but intended no harm. When the blast killed the woman’s niece, Herbert was arrested for murder. His lawyer was paid the standard court-issued $1,000 and didn’t bring up Herbert’s mental health, military service, or background. Without evidence, the prosecution told the all-white jury that Herbert was a “Black Muslim.” When he was sentenced to death, Herbert’s lawyer ignored his request for appeal. Eleven years later his execution date has arrived.

Stevenson files several stay motions at the state level on behalf of Herbert, though he has little hope. In the late 1980’s, the Supreme Court began turning death penalty appeals back to state courts. He writes that the Supreme Court had become more concerned with “finality” over “fairness” and they upheld several harsh practices, including the execution of minors. Stevenson finally gets a hearing for Herbert, during which an expert provides evidence that Herbert’s bomb wasn’t intended to kill on contact. The judge rules that the information isn’t evidence and it is too late to be considered. Stevenson is disturbed by the conflict between technicalities and Herbert’s desire to live. At the courthouse, the victim’s family tells Stevenson that they “don’t believe in killing people,” and they ask for help receiving the settlements they were promised. Stevenson reflects on the court’s determination to kill Herbert without concern for the victim’s family.

Stevenson explains that over the years Herbert had corresponded with a woman and they fell in love. They marry a week before the execution, and Herbert becomes focused on ensuring that his new wife will receive the flag issued to the families of veterans when they die. Together, Stevenson, Ansley and their receptionist, Doris, put together last-minute petitions for a stay of execution with the governor and the Supreme Court. Herbert’s wife and her family spend Herbert’s last day visiting with him in the prison. Stevenson receives a call from the Supreme Court at 7pm that their petition has been denied. The court official offers to fax over the decision, and Stevenson marvels at the irrelevance of paperwork when a man is about to die. He rushes to the courthouse to be with Herbert for his death.

At the prison, Stevenson finds Herbert joking around and trying to stay positive in the presence of his wife and family. When the clock nears 10pm, the visitation officer, an older white woman, comes in to ask the family to start saying their goodbyes. Herbert’s wife clings to him, and the officer leaves, clearly troubled. When she returns, she is emotional and she asks Stevenson for his help in removing the family. Stevenson recounts that a week beforehand he had requested on Herbert’s behalf that the church hymn “The Old Rugged Cross” be played during his execution. To his surprise, the officers had agreed. Stevenson now begins humming the song, and Herbert’s family hums along too. Herbert places his wife in Stevenson’s arms, and she cries as the guards take Herbert away. Stevenson waits while Herbert is taken to have his body shaved for a “cleaner” execution.

Stevenson realizes he isn’t prepared to see Herbert die. Herbert is given a moment with Stevenson. The two men pray together. Herbert tells Stevenson about the strangeness of knowing that he is about to die, and about how considerate and helpful all of the officers have been all day. Stevenson wonders how Herbert’s fate may have differed if people had offered such compassion when he needed it earlier in life or during his trial. Stevenson gives Herbert a long hug before he is taken away. The officers put on a record of the hymn “The Old Rugged Cross.” As he watches Herbert die, Stevenson notices a “cloud of regret and remorse” affecting all of the officers involved. He reflects that individuals who have no direct role in execution debate capital punishment in the abstract, not realizing that it is impossible to kill another human being without “implicating our own humanity.”