RETIRED Colonel George Nugent was barely ruffled by the news of Naifeh's heart attack. The old guy was doing quite well by Monday morning, resting comfortably and out of danger, and what the hell he was only months away from retirement anyway. Naifeh was a good man, but past his usefulness and hanging on simply to bolster his pension. Nugent was considering a run for the head position if he could get his politics straight.
Now, however, he was pressed with a more critical matter. The Cayhall execution was nine days away, actually only eight because it was scheduled for one minute after midnight on Wednesday of next week, which meant that Wednesday counted as another day though only one minute of it was used. Tuesday of next week was actually the last day.
On his desk was a shiny leather-bound notebook with the words Mississippi Protocol printed professionally on the front. It was his masterpiece, the result of two weeks of tedious organizing. He'd been appalled at the haphazard guides and outlines and checklists thrown together by Naifeh for previous executions. It was a wonder they'd actually been able to gas anyone. But now there was a plan, a detailed and carefully arranged blueprint which included everything, in his opinion. It was two inches thick and a hundred and eighty pages long, and of course had his name all over it.
Lucas Mann entered his office at fifteen minutes after eight, Monday morning. "You're late," Nugent snapped, now a man in charge of things. Mann was just a simple lawyer. Nugent was the head of an execution team. Mann was content with his work. Nugent had aspirations, which in the past twenty-four hours had been bolstered considerably.
"So what," Mann said as he stood by a chair facing the desk. Nugent was dressed in his standard dark olive pants with no wrinkles and heavily starched dark olive shirt with gray tee shirt underneath. His boots gleamed with heavily buffed polish. He marched to a point behind his desk. Mann hated him.
"We have eight days," Nugent said as if this were known only to him.
"I think it's nine," Mann said. Both men were standing.
"Next Wednesday doesn't count. We have eight working days left."
"Whatever."
Nugent sat stiffly in his chair. "Two things. First, here is a manual I've put together for executions. A protocol. From A to Z. Completely organized, indexed, cross-indexed. I'd like for you to review the statutes contained herein and make sure they're current."
Mann stared at the black binder but did not touch it.
"And second, I'd like a report each day on the status of all appeals. As I understand it, there are no legal impediments as of this morning."
"That's correct, sir," Mann answered.
"I'd like something in writing first thing each morning with the updates."
"Then hire yourself a lawyer, sir. You're not my boss, and I'll be damned if I'll write a little brief for your morning coffee. I'll let you know if something happens, but I won't push paper for you."
Ah, the frustrations of civilian life. Nugent longed for the discipline of the military. Damned lawyers. "Very well. Will you please review the protocol?"
Mann flipped it open and turned a few pages. "You know, we've managed four executions without all this."
"I find that very surprising, frankly."
"Frankly, I don't. We've become quite efficient, I'm sad to say."
"Look, Lucas, I don't relish this," Nugent said wistfully. "Phillip asked me to do it. I hope there's a stay. I really do. But if not, then we must be prepared. I want this to run smoothly."
Mann acknowledged the obvious lie, and picked up the manual. Nugent had yet to witness an execution, and he was counting hours, not days. He couldn't wait to see Sam strapped in the chair, sniffing gas.
Lucas nodded and left the office. In the hallway, he passed Bill Monday, the state executioner, no doubt headed to Nugent's for a quiet pep talk.
Adam arrived at the Twig shortly before 3 P.m. The day had begun with the panic over Lee's drunk driving mess, and had not improved.
He had been sipping coffee at his desk, nursing a headache and trying to do some research, when in the span of ten minutes Darlene brought a fax from New Orleans and a fax from the district court. He'd lost twice. The Fifth Circuit upheld the decision of the federal court on Sam's claim that the gas chamber was unconstitutional because it was cruel and obsolete, and the district court denied the claim that Benjamin Keyes had performed ineffectively at trial. The headache had suddenly been forgotten. Within an hour, the Death Clerk, Mr. Richard Olander, had called from Washington inquiring about Adam's plans to appeal, and he also wanted to know what other filings might be contemplated by the defense. He told Adam that there were only eight working days to go, you know, as if Adam had to be reminded. Thirty minutes after Olander's call, a clerk at the death desk of the Fifth Circuit called and asked Adam when he planned to appeal the district court's ruling.
Adam had explained to both death clerks at both courts that he was perfecting his appeals as quickly as possible, and he would try to file by the end of the day. When he stopped to think about it, it was a little unnerving practicing law with such an audience. At this moment of the process, there were courts and justices watching to see what he would do next. There were clerks calling and asking what he might be contemplating. The reason was obvious and disheartening. They weren't concerned with whether or not Adam would seize the magical issue that would prevent an execution. They were concerned only about logistics. The death clerks had been instructed by their superiors to monitor the waning days so the courts could rule quickly, usually against the inmate. These justices did not enjoy reading briefs at three in the morning. They wanted copies of all last minute filings on their desks long before the appeals officially arrived.
Phelps had called him at the office just before noon with the news that Lee had not been found. He had checked every detox and recovery facility within a hundred miles, and no one had admitted a Lee Booth. He was still searching, but was very busy now with meetings and such.
Sam arrived at the prison library thirty minutes later in a somber mood. He'd heard the bad news at noon on television, on the Jackson station that was counting down the days. Only nine more. He sat at the table and stared blankly at Adam. "Where are the Eskimo Pies?" he asked sadly, like a small child who wanted candy.
Adam reached under the table and retrieved a small Styrofoam cooler. He placed it on the table and .opened it. "They almost confiscated these at the front gate. Then the guards picked through and threatened to throw them out. So, enjoy."
Sam grabbed one, admired it for a long second, then carefully peeled off the wrapper. He licked the chocolate coating, then took a massive bite. He chewed it slowly with his eyes closed.
Minutes later, the first Eskimo Pie was gone, and Sam started on the second. "Not a good day," he said, licking the edges.
Adam slid some papers to him. "Here are both decisions. Short, to the point, and strongly against us. You don't have a lot of friends on these courts, Sam."
"I know. At least the rest of the world adores me. I don't wanna read that crap. What do we do next?"
"We're gonna prove you're too crazy to execute, that because of your advanced age you don't fully comprehend the nature of your punishment."
"Won't work."
"You liked the idea Saturday. What's happened?"
"It won't work."
"Why not?"
"Because I'm not insane. I know full well why I'm being executed. You're doing what lawyers do best - dreaming up offbeat theories, then finding wacky experts to prove them." He took a large bite of ice cream and licked his lips.
"You want me to quit?" Adam snapped.
Sam pondered his yellow fingernails. "Maybe," he said, quickly running his tongue across a finger.
Adam slid into the seat next to him, as opposed to his usual lawyerly position across the table, and studied him closely. "What's the matter, Sam?"
"I don't know. I've been thinking."
"I'm listening."
"When I was very young, my best friend was killed in a car wreck. He was twenty-six, had a new wife, new child, new house, his whole life in front of him. Suddenly, he was dead. I've outlived him by forty-three years. My oldest brother died when he was fifty-six. I've outlived him by thirteen years. I'm an old man, Adam. A very old man. I'm tired. I feel like giving it up."
"Come on, Sam."
"Look at the advantages. It takes the pressure off you. You won't be forced to spend the next week running crazy and filing useless claims. You won't feel like a failure when it's over. I won't spend my last days praying for a miracle, but instead I can get my things in order. We can spend more time together. It'll make a lot of people happy - the Kramers, McAllister, Roxburgh, eighty percent of the American people who favor the death penalty. It'll be another glorious moment for law and order. I can go out with a little dignity, instead of looking like a desperate man who's afraid to die. It's really quite appealing."
"What's happened to you, Sam? Last Saturday you were still ready to fight the bear."
"I'm tired of fighting. I'm an old man. I've had a long life. And what if you're successful in saving my skin? Where does that leave me?
I'm not going anyplace, Adam. You'll go back to Chicago and bury yourself in your career. I'm sure you'll come down whenever you can. We'll write letters and send cards. But I have to live on the Row. You don't. You have no idea."
"We're not quitting, Sam. We still have a chance."
"It's not your decision." He finished the second Eskimo Pie and wiped his mouth with a sleeve.
"I don't like you like this, Sam. I like it when you're mad and nasty and fighting."
"I'm tired, okay?"
"You can't let them kill you. You have to fight to the bitter end, Sam."
"Why?"
"Because it's wrong. It's morally wrong for the state to kill you, and that's why we can't give up."
"But we're gonna lose anyway."
"Maybe. Maybe not. But you've been fighting for almost ten years. Why quit with a week to go?"
"Because it's over, Adam. This thing has finally run its course."
"Perhaps, but we can't quit. Please don't throw in the towel. Hell, I'm making progress. I've got these clowns on the run."
Sam offered a gentle smile and a patronizing gaze.
Adam inched closer and placed his hand on Sam's arm. "I've thought of several new strategies," he said in earnest. "In fact, tomorrow we've got an expert coming to examine you."
Sam looked at him. "What kind of expert?" "A shrink."
"A shrink?"
"Yeah. From Chicago."
"I've already talked to a shrink. It didn't go well."
"This guy's different. He works for us and he'll say that you've lost your mental faculties."
"You're assuming I had them when I got here."
"Yes, we're assuming that. This psychiatrist will examine you tomorrow, then he'll quickly prepare a report to the effect that you're senile and insane and just a blithering idiot, and who knows what else he'll say."
"How do you know he'll say this?"
"Because we're paying him to say it."
"Who's paying him?"
"Kravitz & Bane, those dedicated JewishAmericans in Chicago you hate, but who've been busting their asses to keep you alive. It's Goodman's idea, actually."
"Must be a fine expert."
"We can't be too particular at this point. He's been used by some of the other lawyers in the firm on various cases, and he'll say whatever we want him to say. Just act bizarre when you talk to him."
"That shouldn't be too difficult."
"Tell him all the horror stories about this place. Make it sound atrocious and deplorable."
"No problem there."
"Tell him how you've deteriorated over the years, and how it's especially hard on a man your age. You're by far the oldest one here, Sam, so tell him how it's affected you. Lay it on thick. He'll fix up a compelling little report, and I'll run to court with it."
"It won't work."
"It's worth a try."
"The Supreme Court allowed Texas to execute a retarded boy."
"This ain't Texas, Sam. Every case is different. Just work with us on this, okay."
"Us? Who is us?"
"Me and Goodman. You said you didn't hate him anymore, so I figured I'd let him in on the fun. Seriously, I need help. There's too much work for only one lawyer."
Sam scooted his chair away from the table, and stood. He stretched his arms and legs, and began pacing along the table, counting steps as he went.
"I'll file a petition for cert to the Supreme Court in the morning," Adam said as he looked at a checklist on his legal pad. "They probably won't agree to hear it, but I'll do it anyway. I'll also finish the appeal to the Fifth Circuit on the ineffectiveness claim. The shrink will be here tomorrow afternoon. I'll file the mental competency claim Wednesday morning."
"I'd rather go peacefully, Adam."
"Forget it, Sam. We're not quitting. I talked to Carmen last night, and she wants to come see you."
Sam sat on the edge of the table and watched the floor. His eyes were narrow and sad. He puffed and blew smoke at his feet. "Why would she want to do that?"
"I didn't ask why, nor did I suggest it. She brought it up. I told her I'd ask you."
"I've never met her."
"I know. She's your only granddaughter, Sam, and she wants to come."
"I don't want her to see me like this," he said, waving at his red jumpsuit.
"She won't mind."
Sam reached into the cooler and took another Eskimo Pie. "Do you want one?" he asked.
"No. What about Carmen?"
"Let me think about it. Does Lee still want to visit?"
"Uh, sure. I haven't talked to her in a couple of days, but I'm sure she wants to."
"I thought you were staying with her."
"I am. She's been out of town."
"Let me think about it. Right now I'm against it. I haven't seen Lee in almost ten years, and I just don't want her to remember me like this. Tell her I'm thinking about it, but right now I don't think so."
"I'll tell her," Adam promised, uncertain if he would see her anytime soon. If she had in fact sought treatment, she would undoubtedly be secluded for several weeks.
"I'll be glad when the end comes, Adam. I'm really sick of all this." He took a large bite of ice cream.
"I understand. But let's put it off for a while."
"Why?"
"Why? It's obvious. I don't want to spend my entire legal career encumbered with the knowledge that I lost my first case."
"That's not a bad reason."
"Great. So we're not quitting?"
"I guess not. Bring on the shrink. I'll act as loony as possible."
"That's more like it."
Lucas Mann was waiting for Adam at the front gate of the prison. It was almost five, the temperature still hot and the air still sticky. "Gotta minute?" he asked through the window of Adam's car.
"I guess. What's up?"
"Park over there. We'll sit under the shade."
They walked to a picnic table by the Visitors Center, under a mammoth oak with the highway in view not far away. "A couple of things," Mann said. "How's Sam? Is he holding up okay?"
"As well as can be expected. Why?"
"Just concerned, that's all. At last count, we had fifteen requests for interviews today. Things are heating up. The press is on its way."
"Sam is not talking."
"Some want to talk to you."
"I'm not talking either."
"Fine. We have a form that Sam needs to sign. It gives us written authorization to tell the reporters to get lost. Have you heard about Naifeh?"
w it in the paper this morning."
"He'll be okay, but he can't supervise the execution. There's a nut named George Nugent, an assistant superintendent, who'll coordinate everything. He's a commandant. Retired military and all, a real gung-ho type."
"It really makes no difference to me. He can't carry out the death warrant unless the courts allow it."
"Right. I just wanted you to know who he was."
"I can't wait to meet him."
"One more thing. I have a friend, an old buddy from law school who now works in the governor's administration. He called this morning, and it seems as if the governor is concerned about Sam's execution. According to my friend, who no doubt was told by the governor to solicit me to speak to you, they would like to conduct a clemency hearing, preferably in a couple of days."
"Are you close to the governor?"
"No. I despise the governor."
"So do 1. So does my client."
"That's why my friend was recruited to call and lean on me. Allegedly, the governor is having serious doubts about whether Sam should be executed."
"Do you believe it?"
"It's doubtful. The governor's reputation was made at the expense of Sam Cayhall, and I'm certain he's fine-tuning his media plan for the next eight days. But what is there to lose?"
"Nothing."
"It's not a bad idea."
"I'm all for it. My client, however, has given me strict orders not to request such a hearing."
Mann shrugged as if he really didn't care what Sam did. "It's up to Sam then. Does he have a will?"
"Yes."
"How about burial arrangements?"
"I'm working on them. He wants to be buried in Clanton."
They started walking toward the front gate. "The body goes to a funeral home in Indianola, not far from here. It'll be released to the family there. All visitation ends four hours before the scheduled execution. From that point on, Sam can have only two people with him - his lawyer and his spiritual adviser. He also needs to select his two witnesses, if he so chooses."
"I'll speak to him."
"We need his approved list of visitors between now and then. It's usually family and close friends."
"That'll be a very short list."
"I know."
