WEBVTT - Episode 8 – Mercy

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<v Speaker 1>Hello, Allhi, man, can can you hear me?

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<v Speaker 2>I can? Okay?

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<v Speaker 1>Goo ahead.

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<v Speaker 3>Thanks for agreeing to talk to me.

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<v Speaker 1>I'm recording this, okay, Yes, ma'am.

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<v Speaker 4>This is a phone call between Beth Carris and May Martinez,

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<v Speaker 4>Colleen Slammer's mother.

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<v Speaker 3>So what I want to do is talk to you

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<v Speaker 3>about the news, the most recent news I have.

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<v Speaker 1>So call Monday last week, send the victims sheriff and

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<v Speaker 1>at Nashville.

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<v Speaker 2>And what were you told.

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<v Speaker 1>That they set a date for Christopher September thirtieth, She's

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<v Speaker 1>as in the twenty sixth.

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<v Speaker 4>On Tuesday September thirtieth, twenty twenty five, just before the

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<v Speaker 4>fourth episode of this podcast aired, Krista Pike received an

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<v Speaker 4>execution date. It was set for exactly one year later.

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<v Speaker 3>Were you surprised?

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<v Speaker 5>How did you feel?

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<v Speaker 2>I very shocked?

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<v Speaker 6>Do you plan to go?

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<v Speaker 1>Yes, ma'am. Kelleen Helleen s picture of Winga. Well, if

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<v Speaker 1>you could speak to her would today?

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<v Speaker 7>Would you say anything?

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<v Speaker 1>She don't deserve that, she doesn't deserve me to say

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<v Speaker 1>one word to her.

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<v Speaker 2>Yeah, it was She.

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<v Speaker 1>Done and couldn't face thing, couldn't even say sorry. Ye.

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<v Speaker 1>I pray it happen. I really do, because I think

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<v Speaker 1>I can find prici to rest.

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<v Speaker 4>This isn't the first time that Krista has received an

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<v Speaker 4>execution date. Her first was set on the day in

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<v Speaker 4>March nineteen ninety six when she was sentenced. It was

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<v Speaker 4>set for January twelfth, nineteen ninety seven, the two year

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<v Speaker 4>anniversary of Colleen Slimmer's murder. That was suspended while Christa

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<v Speaker 4>appealed her sentence. Christa received a second execution date at

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<v Speaker 4>her request for August nineteen, two thousand two, though that

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<v Speaker 4>was later stayed when Christa resumed her appeals. In twenty twenty,

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<v Speaker 4>as Christa was coming to the end of her appeals process,

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<v Speaker 4>the state Attorney General asked the Tennessee Supreme Court to

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<v Speaker 4>again set a date. Following that, Christa's lawyers filed an

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<v Speaker 4>application for a certificate of commutation. Then Tennessee put a

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<v Speaker 4>hold on all executions for COVID. They were then placed

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<v Speaker 4>on an indefinite hold in twenty twenty two when Tennessee

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<v Speaker 4>issued a broader moratorium on executions. That moratorium was linked

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<v Speaker 4>to a series of botched lethal injections where inmates were

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<v Speaker 4>observed writhing in pain in their final moments under pressure

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<v Speaker 4>Tennessee announced it would update its lethal injection protocols. That

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<v Speaker 4>moratorium ended in December twenty twenty four, when it was

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<v Speaker 4>announced that Tennessee was prepared to reset start executions. We

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<v Speaker 4>were told that executing Christa would likely be a priority,

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<v Speaker 4>but the news was a gut punch for everyone.

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<v Speaker 6>My first reaction, I think.

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<v Speaker 8>Was just shock, like something had taken the breath out

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<v Speaker 8>of me, very literally, and I kind of hit my knees.

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<v Speaker 4>Christa's lawyers, Randy Spivey and Kelly Gleason, recorded this interview

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<v Speaker 4>with Christa using questions we sent shortly after she learned

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<v Speaker 4>that Tennessee had given her a date.

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<v Speaker 8>I think I maniacally screened ob tnities for a few.

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<v Speaker 6>Minutes and then.

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<v Speaker 8>Immediately started worrying about how I was gonna tell.

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<v Speaker 9>My mom this.

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<v Speaker 8>All the bad things just hit me at once, and

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<v Speaker 8>the only thing I could think, and all the dust

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<v Speaker 8>settled in my head, was that a year seems like

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<v Speaker 8>a really long time until all of a sudden, a

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<v Speaker 8>year is not a long time at all anymore when

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<v Speaker 8>it's all you have left right now. Halloween's coming up,

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<v Speaker 8>and that's my favorite holiday, and I'm thinking, well, this

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<v Speaker 8>is the last Halloween I ever have, you know, and

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<v Speaker 8>so like what do you do to make that count?

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<v Speaker 8>And then you know, like it's like a black cloud

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<v Speaker 8>booming over everything.

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<v Speaker 10>Were you?

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<v Speaker 11>Were you afraid?

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<v Speaker 6>I'm I'm more afraid.

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<v Speaker 8>I think of all of the I don't know that

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<v Speaker 8>I'm afraid to die, but I'm more afraid of like

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<v Speaker 8>all the the build up to it, all the things

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<v Speaker 8>that they put you through here before they kill you.

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<v Speaker 8>And that's probably worse for me than actually take in

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<v Speaker 8>my life.

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<v Speaker 7>Is there anything you want people to know about you?

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<v Speaker 7>Or about your circumstances or about the system that has

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<v Speaker 7>held you for the last thirty years?

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<v Speaker 8>I touch an odd question for someone to ask you,

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<v Speaker 8>Is there anything that you want people to know about you?

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<v Speaker 8>And it's like, how do I give like a summary

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<v Speaker 8>judgment of myself to everyone who doesn't know me, to

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<v Speaker 8>explain to them, like what type of person I am

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<v Speaker 8>or what I can be or want to be, or

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<v Speaker 8>who I am or what I am to like make you.

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<v Speaker 6>Not want to kill me.

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<v Speaker 4>I'm Sarah Trelevin and this is Unrestorable Season two. Proof

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<v Speaker 4>of Life, an original podcast from Anonymous content and iHeartRadio.

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<v Speaker 5>Hi everybody, Good morning.

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<v Speaker 4>A little over a week after Christa's execution date was announced,

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<v Speaker 4>Beth and I met over zoom with three of Christa's attorneys.

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<v Speaker 5>It's awfully cruel. Not that I want the time to

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<v Speaker 5>be shortened, but it's awfully cruel to tell someone a

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<v Speaker 5>whole year in advance to start the countdown.

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<v Speaker 4>This is Steve Ferrell, one of Christa's Knoxville based attorneys.

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<v Speaker 10>I heard a few hours later when I checked my

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<v Speaker 10>work email that night.

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<v Speaker 4>Kelly Gleeson was on vacation and celebrating her birthday when

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<v Speaker 4>she got the news.

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<v Speaker 10>Did not anticipate this coming, cried some that night. You know.

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<v Speaker 10>Then you wake up the next morning, sort of dust

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<v Speaker 10>yourself off and play in the fight, you know, play

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<v Speaker 10>in the next steps. I, like Steve, had been trying

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<v Speaker 10>to wrap my head around the cruelty of it. They

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<v Speaker 10>come to her on September thirtieth, twenty twenty five, and say,

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<v Speaker 10>I'm going to kill you precisely a year from now

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<v Speaker 10>at ten am, and I have a blueprint for how

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<v Speaker 10>I'm going to do that, depending upon whether I'm going

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<v Speaker 10>to strap you to ajourney and inject you with poison

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<v Speaker 10>until you're dead, or strap you to an electrified chair

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<v Speaker 10>and run high current electricity through you until you are dead.

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<v Speaker 4>Randy Spivey was responsible for breaking the news to Christa.

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<v Speaker 7>So we have had a practice over the last couple

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<v Speaker 7>of weeks of Christa calling in to listen to the

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<v Speaker 7>podcast because she doesn't have access to it.

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<v Speaker 4>Another way, Randy is talking about this podcast which Christa

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<v Speaker 4>has been listening to over the phone with her lawyers

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<v Speaker 4>or members of their staff as each new episode drops.

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<v Speaker 7>And so she called, and she clearly had not heard.

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<v Speaker 7>I anticipated that she would have heard because sometimes in

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<v Speaker 7>the past there have been officers out at the prison

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<v Speaker 7>that have taken some joy and telling Christa news like that.

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<v Speaker 7>That was not the case this time. There's no one

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<v Speaker 7>had told her. So she was in great mood, like

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<v Speaker 7>she was very chipper. And I told her that, like

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<v Speaker 7>I needed to tell her something. And I told her

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<v Speaker 7>that the court had had set her a date. And

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<v Speaker 7>I mean it was it was devastating, like I don't

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<v Speaker 7>I don't know exactly how to explain it, Like she cried.

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<v Speaker 7>She was very, very upset. You could hear people in

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<v Speaker 7>the back of the phone call coming to her door

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<v Speaker 7>saying Chris stry okay, Chris of What's going on Chris Sterio, Okay,

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<v Speaker 7>I had not heard Crystal like that in a long time.

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<v Speaker 7>But the thing I can most closely equate it to her,

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<v Speaker 7>there's those audio clips of either when she was sentenced

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<v Speaker 7>to death or you know, just when she's really really

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<v Speaker 7>young and she's crying like that. That was the same voice,

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<v Speaker 7>like it was, it sounded, it was. It was awful,

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<v Speaker 7>And we talked for a while. And what was it

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<v Speaker 7>was interesting to me is how quickly she turned to

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<v Speaker 7>being worried about other people, Like it happened real fast.

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<v Speaker 7>Like one of the first things she says was, I

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<v Speaker 7>don't know how I'm going to tell my mom this.

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<v Speaker 7>Her mom had some health struggles at the moment, and

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<v Speaker 7>like really really difficult health struggles, and so she wasn't

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<v Speaker 7>sure how she was going to tell her mom. She

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<v Speaker 7>was she was mad that they ruined Kelly's vacation and birthday, Like,

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<v Speaker 7>she was really worried and upset about Kelly and wanted

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<v Speaker 7>to talk to her as soon as possible. She was

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<v Speaker 7>worried about Steve, and it was awful.

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<v Speaker 2>Do you feel that in your engagement with Christa, Like,

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<v Speaker 2>are you simultaneously trying to encourage her that you are

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<v Speaker 2>continuing this fight, that it's not over, but while also

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<v Speaker 2>trying to prepare her that this outcome may in fact happen.

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<v Speaker 10>So my first day back in the office was a

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<v Speaker 10>few days ago, and so Krista called for me in

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<v Speaker 10>the morning and she wanted to know where my head

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<v Speaker 10>was at. And she has a great sense of humor,

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<v Speaker 10>and so I approached the situation with humor, you know,

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<v Speaker 10>I told her I'm sorry to hear it. She was

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<v Speaker 10>upset about me hearing it, you know, on vacation right

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<v Speaker 10>before my birthday. And so I told her that September thirtieth,

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<v Speaker 10>twenty twenty six is the day before my sixtieth birthday.

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<v Speaker 10>And so We're just going to have to win this,

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<v Speaker 10>because I'm not doing that.

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<v Speaker 2>When you're talking to Christa in those terms and you're saying,

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<v Speaker 2>you know, we're going to keep working on this, We're

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<v Speaker 2>going to beat it, Like, how do you actually feel

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<v Speaker 2>Do you feel like it's possible or do you feel

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<v Speaker 2>like the deck is stacked against against you and against Christa.

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<v Speaker 10>I feel like the deck is stacked against us. We

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<v Speaker 10>have a governor who has never grate a clemency but

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<v Speaker 10>I feel like Christa's situation is highly unusual. She would

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<v Speaker 10>be the first woman killed by Tennessee in over two

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<v Speaker 10>hundred years, which is crazy. She was eighteen at the time.

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<v Speaker 10>She did have a severe mental illness that was undiagnosed

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<v Speaker 10>at the time and not explained to the jury who

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<v Speaker 10>made the sun the same decision. There have been failures

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<v Speaker 10>in the appellate process. I feel like we have a

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<v Speaker 10>very very strong clemency case, and I'd like to feel

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<v Speaker 10>that the citizens of Tennessee and their elected governor don't

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<v Speaker 10>have the stomach to kill someone under these circles stances.

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<v Speaker 3>So what is the status of that petition for clemency?

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<v Speaker 7>Yeah, I mean it's in our office and with Steve

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<v Speaker 7>and we are we're drafting it and preparing it and

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<v Speaker 7>putting together all the pieces of it. So we have

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<v Speaker 7>an execution date now. But I think there are two

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<v Speaker 7>parts to this. Like one, governors don't want it too soon,

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<v Speaker 7>but we also don't want it too soon because the

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<v Speaker 7>world in the law is in constant flux and there

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<v Speaker 7>may be something else that comes to bear on Chris's

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<v Speaker 7>situation that's important to include in a petition for clemency

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<v Speaker 7>or that could conceivably put us back in court in

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<v Speaker 7>some way.

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<v Speaker 3>From the time you filed the clemency petition whenever that is,

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<v Speaker 3>does the governor have a deadline or can he grant

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<v Speaker 3>or deny it right up until the time of execution.

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<v Speaker 5>The decision can come fairly close to the actual event,

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<v Speaker 5>and different states do it a little differently. In Tennessee,

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<v Speaker 5>so far, there will be an official decision one way

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<v Speaker 5>or the other.

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<v Speaker 3>Do you foresee a potential possible delay or resent a

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<v Speaker 3>new date being set because of a challenge to the

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<v Speaker 3>lethal protocol that's in place now?

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<v Speaker 5>There are some challenges right now that are pending.

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<v Speaker 9>Starting around twenty eleven, we began to see a number

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<v Speaker 9>of problems associated with the use of lethal injection. There

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<v Speaker 9>were a number of botched executions.

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<v Speaker 4>This is Robin Mayer, a lawyer and the executive director

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<v Speaker 4>of the Death Penalty Information Center, a nonprofit organization that

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<v Speaker 4>provides data and analysis.

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<v Speaker 9>First, of all, the drugs that were traditionally used in

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<v Speaker 9>a three drug protocol for lethal injection. Some of those

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<v Speaker 9>drugs became unavailable. They were not being manufactured in the

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<v Speaker 9>United States, and a number of pharmaceutical companies objected to

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<v Speaker 9>their use in execution, and so states began experimenting. They

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<v Speaker 9>began experimenting with different drugs, with different combinations of drugs,

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<v Speaker 9>many of which had never been tested before.

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<v Speaker 4>Robin says that what happened next was awful and entirely predictable.

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<v Speaker 9>We saw botched executions. We saw prisoners writhing in pain

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<v Speaker 9>and calling out audibly looking to be experiencing extreme distress

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<v Speaker 9>and suffering, and that was really awful to witness.

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<v Speaker 4>Instead of dealing with the problems related to the underlying protocols,

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<v Speaker 4>Robin says that many states simply retreated into secrecy, limiting

0:14:55.160 --> 0:14:59.720
<v Speaker 4>the information available to the public, media and even defense counsel.

0:15:00.520 --> 0:15:03.440
<v Speaker 9>Many states drew the curtains shift and said we're not

0:15:03.440 --> 0:15:05.360
<v Speaker 9>going to tell you. We're not going to tell you

0:15:05.400 --> 0:15:07.320
<v Speaker 9>at all what we're doing or how we're doing it.

0:15:07.960 --> 0:15:10.320
<v Speaker 9>And they said that this was partly because they wanted

0:15:10.360 --> 0:15:14.600
<v Speaker 9>to be able to find the sources of drugs without

0:15:14.640 --> 0:15:18.800
<v Speaker 9>fear that those drug manufacturers would be harassed or intimidated.

0:15:19.440 --> 0:15:22.000
<v Speaker 9>But there's really been no proof at all that that's

0:15:22.080 --> 0:15:28.200
<v Speaker 9>ever happened. We saw again continued experimentation with different drugs

0:15:28.200 --> 0:15:32.400
<v Speaker 9>and combinations, and now we've seen some states pivoting to

0:15:32.680 --> 0:15:36.720
<v Speaker 9>other forms of execution, including older forms of execution such

0:15:36.720 --> 0:15:39.040
<v Speaker 9>as the electric chair and the firing squad.

0:15:41.000 --> 0:15:44.560
<v Speaker 4>According to Robin, the United States Supreme Court has granted

0:15:44.600 --> 0:15:48.800
<v Speaker 4>states a wide berth declining to interfere in execution methods

0:15:48.840 --> 0:15:49.720
<v Speaker 4>and protocols.

0:15:50.360 --> 0:15:53.040
<v Speaker 9>They have decided on a legal standard that is so

0:15:53.240 --> 0:15:58.240
<v Speaker 9>unattainably high that it is impossible for anyone to achieve.

0:15:59.040 --> 0:16:03.120
<v Speaker 9>So where we used to be was in a conversation

0:16:03.280 --> 0:16:06.320
<v Speaker 9>about what is cool and unusual under the Eighth Amendment.

0:16:07.120 --> 0:16:09.440
<v Speaker 9>But now we have a standard that again is so

0:16:09.800 --> 0:16:13.880
<v Speaker 9>very high and out of reach that those legal claims

0:16:13.960 --> 0:16:18.200
<v Speaker 9>are largely futile. The United States Supreme Court won't look

0:16:18.200 --> 0:16:21.080
<v Speaker 9>at those cases and has said very clearly, it's not

0:16:21.200 --> 0:16:24.760
<v Speaker 9>our business. And I think that has emboldened some state

0:16:24.800 --> 0:16:27.120
<v Speaker 9>officials to take greater risks.

0:16:29.040 --> 0:16:33.000
<v Speaker 4>After a two year moratorium, Tennessee abandoned its problematic three

0:16:33.040 --> 0:16:37.640
<v Speaker 4>drug protocol and reverted to a single drug, pentobarbital. A

0:16:37.720 --> 0:16:40.720
<v Speaker 4>legal challenge file just months after the moratorium was lifted

0:16:40.720 --> 0:16:43.600
<v Speaker 4>in December twenty twenty four argues that the use of

0:16:43.640 --> 0:16:47.600
<v Speaker 4>a single drug carries a high risk of tortuous death.

0:16:48.560 --> 0:16:51.640
<v Speaker 4>Also like other states, the storage and testing of the

0:16:51.720 --> 0:16:55.560
<v Speaker 4>lethal injection drug in Tennessee is now cloaked in secrecy,

0:16:56.040 --> 0:17:03.200
<v Speaker 4>despite the state's promise of complete transparency. In July, Byron Black,

0:17:03.400 --> 0:17:06.399
<v Speaker 4>on death row for almost forty years for the murders

0:17:06.440 --> 0:17:09.800
<v Speaker 4>of his girlfriend and her two young daughters, was executed

0:17:09.840 --> 0:17:14.200
<v Speaker 4>after decades of efforts to have his sentence commuted. At

0:17:14.280 --> 0:17:17.240
<v Speaker 4>sixty eight. Black's lawyers argued that he had an IQ

0:17:17.480 --> 0:17:21.640
<v Speaker 4>below seventy, He had dementia, plus a host of other

0:17:21.720 --> 0:17:26.920
<v Speaker 4>medical concerns, including a pacemaker. Amidst concerns that Black's pacemaker

0:17:26.960 --> 0:17:29.719
<v Speaker 4>would attempt to shock him back to life at the

0:17:29.880 --> 0:17:32.480
<v Speaker 4>very moment the state was trying to kill him, a

0:17:32.560 --> 0:17:36.639
<v Speaker 4>legal battle kicked off over its removal. Ultimately, the state

0:17:36.720 --> 0:17:39.760
<v Speaker 4>declined to allow a local hospital to remove the pacemaker

0:17:39.920 --> 0:17:42.520
<v Speaker 4>prior to execution by lethal injection.

0:17:44.040 --> 0:17:48.440
<v Speaker 9>By every account we've heard that mister Black suffered pain

0:17:48.480 --> 0:17:53.000
<v Speaker 9>and suffering during his execution. It also emphasizes the importance

0:17:53.040 --> 0:17:57.400
<v Speaker 9>of having media witnesses in the chamber, independent witnesses who

0:17:57.440 --> 0:18:00.879
<v Speaker 9>can report on their observations of the the anomalies that

0:18:00.960 --> 0:18:05.160
<v Speaker 9>so often occur during these executions. If we simply listen

0:18:05.240 --> 0:18:08.800
<v Speaker 9>to the state officials, we would have a very different narrative.

0:18:08.920 --> 0:18:11.120
<v Speaker 9>They often tell us nothing went wrong at all.

0:18:12.240 --> 0:18:16.840
<v Speaker 4>Following Black's execution, his lawyer, Kelly Henry, released a statement.

0:18:17.560 --> 0:18:22.160
<v Speaker 4>It reads, in part, today, the State of Tennessee killed

0:18:22.200 --> 0:18:26.680
<v Speaker 4>a gentle kind, fragile, intellectually disabled man in violation of

0:18:26.720 --> 0:18:30.520
<v Speaker 4>the laws of our country, simply because they could. No

0:18:30.520 --> 0:18:33.360
<v Speaker 4>one in a position of power, certainly not the courts

0:18:33.920 --> 0:18:37.119
<v Speaker 4>was willing to stop them. And if you think that

0:18:37.200 --> 0:18:39.919
<v Speaker 4>what happened is just about one man, you are wrong.

0:18:40.280 --> 0:18:42.720
<v Speaker 4>We are witnessing the erosion of the rule of law

0:18:43.080 --> 0:18:46.480
<v Speaker 4>and every principle of human decency on which this country

0:18:46.560 --> 0:18:47.120
<v Speaker 4>was founded.

0:18:47.840 --> 0:18:51.399
<v Speaker 2>Today it is Byron. Tomorrow it will be someone you

0:18:51.520 --> 0:18:54.639
<v Speaker 2>care about. The people who made this happen are not

0:18:54.840 --> 0:18:58.040
<v Speaker 2>telling the public the truth. They should feel shame, but

0:18:58.080 --> 0:19:02.240
<v Speaker 2>they seem incapable. May God have mercy on their souls.

0:19:02.680 --> 0:19:04.720
<v Speaker 2>I know that he is mercy for Byron.

0:19:09.880 --> 0:19:14.640
<v Speaker 10>Mister Black's attorney, who did witness the executioner herself, has

0:19:15.160 --> 0:19:19.600
<v Speaker 10>announced that they did get the preliminary results from the pacemaker,

0:19:19.680 --> 0:19:22.640
<v Speaker 10>and it wasn't the pacemaker that was the problem, which

0:19:22.680 --> 0:19:25.240
<v Speaker 10>means that all of the rest of folks who are

0:19:25.240 --> 0:19:28.520
<v Speaker 10>set for executions should be worried that the current protocol

0:19:28.640 --> 0:19:32.680
<v Speaker 10>does not work. And I would not be surprised if

0:19:32.720 --> 0:19:35.720
<v Speaker 10>it turned out it was pulmonary edema that we know

0:19:35.800 --> 0:19:37.960
<v Speaker 10>to be caused by the way that they kill people

0:19:38.080 --> 0:19:41.040
<v Speaker 10>here in Tennessee that caused him to have that pain

0:19:41.280 --> 0:19:45.160
<v Speaker 10>for much money. He was conscious and in pain very

0:19:45.160 --> 0:19:48.679
<v Speaker 10>clearly for much longer than the Attorney General told the

0:19:48.680 --> 0:19:49.720
<v Speaker 10>court that he would be.

0:19:50.840 --> 0:19:54.199
<v Speaker 4>In addition to drug makers, medical experts also declined to

0:19:54.240 --> 0:19:56.200
<v Speaker 4>participate in executions.

0:19:56.960 --> 0:20:01.240
<v Speaker 5>Medical professionals take the Hippocratic oath to do no harm,

0:20:01.400 --> 0:20:03.800
<v Speaker 5>and clearly this would violate that oath.

0:20:05.720 --> 0:20:07.840
<v Speaker 2>Okay, I have some questions about sort of what this

0:20:08.160 --> 0:20:11.440
<v Speaker 2>date triggers now in terms of process. For Christa, has

0:20:11.480 --> 0:20:13.560
<v Speaker 2>she picked a method of execution.

0:20:14.480 --> 0:20:18.080
<v Speaker 10>That part of the process happens thirty days.

0:20:17.800 --> 0:20:22.080
<v Speaker 2>Out, and how do you knowing everything you know about

0:20:22.160 --> 0:20:25.320
<v Speaker 2>these methods available to her, how do you counsel her

0:20:25.320 --> 0:20:25.920
<v Speaker 2>in that matter?

0:20:27.280 --> 0:20:33.399
<v Speaker 5>I would say, with lots of truthful information. It's another

0:20:34.240 --> 0:20:37.280
<v Speaker 5>very cruel part of the process. We say, Okay, here

0:20:37.560 --> 0:20:40.680
<v Speaker 5>are these different awful things that you can do. Which

0:20:40.720 --> 0:20:41.399
<v Speaker 5>awful thing.

0:20:41.320 --> 0:20:42.080
<v Speaker 2>Do you choose?

0:20:43.080 --> 0:20:46.200
<v Speaker 4>Krista will largely live as she has been until two

0:20:46.280 --> 0:20:49.920
<v Speaker 4>weeks before her scheduled execution. At that point, she will

0:20:50.040 --> 0:20:53.639
<v Speaker 4>enter a period known as death watch. That period of

0:20:53.680 --> 0:20:58.080
<v Speaker 4>solitary confinement used to last seventy two hours. Under the

0:20:58.080 --> 0:21:02.159
<v Speaker 4>new protocols, it has been extended to fourteen days.

0:21:02.840 --> 0:21:07.600
<v Speaker 10>Now. They're removed from their friends fourteen days beforehand, where

0:21:07.720 --> 0:21:11.000
<v Speaker 10>there's the guard station literally keeping a log of every

0:21:11.040 --> 0:21:15.440
<v Speaker 10>single thing that person does. That person has allowed one

0:21:15.480 --> 0:21:18.879
<v Speaker 10>hour out on a wreck page by themselves only, and

0:21:18.920 --> 0:21:21.399
<v Speaker 10>then they're just monitored twenty four to seven. And there

0:21:21.400 --> 0:21:25.000
<v Speaker 10>are all these things in the protocol about the kind

0:21:25.040 --> 0:21:28.960
<v Speaker 10>of documentation that the guards watching have to keep, and

0:21:29.200 --> 0:21:32.560
<v Speaker 10>the security implements like handcuffs, change that kind of thing.

0:21:33.119 --> 0:21:36.480
<v Speaker 10>But it's very unclear to me whether Christy would just

0:21:36.520 --> 0:21:39.720
<v Speaker 10>remain as isolated as she currently is and they would

0:21:39.800 --> 0:21:42.240
<v Speaker 10>just remove the two women who are with her right

0:21:42.280 --> 0:21:44.080
<v Speaker 10>now or whatever. Today happens to be.

0:21:46.240 --> 0:21:50.240
<v Speaker 2>Any idea why they expanded the death watch period from

0:21:50.240 --> 0:21:52.439
<v Speaker 2>seventy two hours to fourteen days.

0:21:53.400 --> 0:21:56.040
<v Speaker 10>They simply say this is the way we're doing it.

0:21:56.440 --> 0:21:58.760
<v Speaker 10>Right to do it that way because we're the state.

0:21:59.480 --> 0:22:01.760
<v Speaker 3>It seems so punitive I mean, if there's no real

0:22:01.920 --> 0:22:05.840
<v Speaker 3>reason for it, why not let them have some time together,

0:22:05.960 --> 0:22:08.400
<v Speaker 3>you know, till the last day or so. I don't understand.

0:22:09.520 --> 0:22:12.440
<v Speaker 7>I mean, the purpose of death watch, for the most

0:22:12.480 --> 0:22:16.560
<v Speaker 7>part is to ensure that the person doesn't kill themselves

0:22:16.600 --> 0:22:19.840
<v Speaker 7>before you can kill them. And it would seem to

0:22:19.880 --> 0:22:23.880
<v Speaker 7>me that this expanded death watch essentially makes it more

0:22:24.080 --> 0:22:26.920
<v Speaker 7>likely that a person will want to kill themselves before

0:22:26.960 --> 0:22:29.320
<v Speaker 7>you can kill them, while you're trying to keep them

0:22:29.359 --> 0:22:32.320
<v Speaker 7>from killing themselves before you can kill them. And like

0:22:32.480 --> 0:22:38.680
<v Speaker 7>the absurdity and strangeness of the whole thing, we'll really

0:22:38.720 --> 0:22:39.480
<v Speaker 7>mess with your head.

0:22:40.800 --> 0:22:44.240
<v Speaker 5>Taking this person out of human interactions, sort of labeling

0:22:44.280 --> 0:22:49.159
<v Speaker 5>them as a dead person while they're still actually living,

0:22:49.800 --> 0:22:52.280
<v Speaker 5>is all part of that that the cruelty of that

0:22:52.359 --> 0:22:55.560
<v Speaker 5>process is this is not a real human being, so

0:22:55.600 --> 0:22:58.679
<v Speaker 5>we can take him or her out of human society,

0:22:58.840 --> 0:23:03.240
<v Speaker 5>what little society we may have allowed them over the past,

0:23:03.320 --> 0:23:07.440
<v Speaker 5>however many years, and we're going to put them very

0:23:07.480 --> 0:23:11.840
<v Speaker 5>literally in a cage to be watched like an animal,

0:23:12.280 --> 0:23:13.440
<v Speaker 5>and then we'll put them down.

0:23:14.480 --> 0:23:18.439
<v Speaker 2>I know, obviously President Trump has made no secret of

0:23:18.480 --> 0:23:24.320
<v Speaker 2>his desire to execute aggressively. So where do you see.

0:23:25.280 --> 0:23:27.240
<v Speaker 2>Where do you see this moment of time in terms

0:23:27.280 --> 0:23:30.360
<v Speaker 2>of the state of Tennessee and the people you represent

0:23:30.400 --> 0:23:30.960
<v Speaker 2>on death Row?

0:23:32.640 --> 0:23:36.680
<v Speaker 7>I feel like this is a weird time sitting in Tennessee.

0:23:37.280 --> 0:23:41.560
<v Speaker 7>It does feel like the machinery of death, if you will,

0:23:41.720 --> 0:23:44.760
<v Speaker 7>is ramping up and we are executing more and more people.

0:23:45.880 --> 0:23:49.000
<v Speaker 4>Along with Krista, three other death row inmates had their

0:23:49.080 --> 0:23:50.440
<v Speaker 4>dates announced on the same day.

0:23:51.400 --> 0:23:54.520
<v Speaker 7>And what's weird about that to me is like that

0:23:54.880 --> 0:24:01.040
<v Speaker 7>at the political top level of things, we're not seeing

0:24:01.680 --> 0:24:06.480
<v Speaker 7>more capital convictions and death sentences in the same way.

0:24:06.520 --> 0:24:09.480
<v Speaker 7>It seems like the people of Tennessee. And that may

0:24:09.520 --> 0:24:12.919
<v Speaker 7>be wrong about this, but it's something that gives me hope.

0:24:13.000 --> 0:24:17.560
<v Speaker 7>The people of Tennessee at a minimum, find it distasteful

0:24:18.119 --> 0:24:22.600
<v Speaker 7>and are certainly more judicious about this than I think

0:24:22.640 --> 0:24:25.320
<v Speaker 7>they have been in a long time. That does not

0:24:25.359 --> 0:24:29.280
<v Speaker 7>appear to be something that courts or politicians are particularly

0:24:29.280 --> 0:24:29.840
<v Speaker 7>interested in.

0:24:30.800 --> 0:24:33.760
<v Speaker 10>Before twenty eighteen, there would typically be at least one,

0:24:34.080 --> 0:24:40.200
<v Speaker 10>sometimes more deathcedances issued every year. After twenty eighteen, Between

0:24:40.240 --> 0:24:42.400
<v Speaker 10>twenty eighteen and this year, there have only been two

0:24:42.480 --> 0:24:46.840
<v Speaker 10>descenances issued, and so you do see the trend of

0:24:47.080 --> 0:24:50.600
<v Speaker 10>citizens not returning to do. I mean there have been

0:24:50.600 --> 0:24:52.600
<v Speaker 10>cases in the last year or two where there were

0:24:52.680 --> 0:24:56.280
<v Speaker 10>triple and quadruple homicides that settled for less than death

0:24:56.480 --> 0:24:59.439
<v Speaker 10>and didn't even go to trial. And then when cases

0:24:59.440 --> 0:25:02.240
<v Speaker 10>are taken to t wilders are rejecting the death penalty.

0:25:02.880 --> 0:25:04.720
<v Speaker 10>But this is a dark time.

0:25:10.480 --> 0:25:13.080
<v Speaker 4>Part of the reluctance of prosecutors to ask for a

0:25:13.119 --> 0:25:16.639
<v Speaker 4>death sentence is a growing reluctance of jurors to agree.

0:25:17.240 --> 0:25:21.240
<v Speaker 4>Concerns about systemic issues and the equitable application of justice,

0:25:21.480 --> 0:25:25.640
<v Speaker 4>including the potential to execute someone innocent, have driven support

0:25:25.680 --> 0:25:29.800
<v Speaker 4>for the death penalty to five decade lows, especially among

0:25:30.000 --> 0:25:30.919
<v Speaker 4>younger Americans.

0:25:31.760 --> 0:25:35.440
<v Speaker 9>Public support for the death penalty right now is barely

0:25:35.600 --> 0:25:40.040
<v Speaker 9>over majority, so around fifty three percent of Americans will

0:25:40.119 --> 0:25:42.920
<v Speaker 9>generally say they support the death penalty.

0:25:43.119 --> 0:25:43.840
<v Speaker 7>I think those.

0:25:43.760 --> 0:25:46.960
<v Speaker 9>Numbers are a bit misleading, because when you start asking

0:25:47.320 --> 0:25:51.320
<v Speaker 9>different questions and more specific questions, you often find that

0:25:51.400 --> 0:25:54.240
<v Speaker 9>people have grave reservations about use of the death penalty,

0:25:54.280 --> 0:25:58.000
<v Speaker 9>particularly when it's used against young people. For example, we

0:25:58.119 --> 0:26:01.040
<v Speaker 9>know now that the brains of young people, people not

0:26:01.320 --> 0:26:05.120
<v Speaker 9>just under the age of eighteen, but nineteen twenty twenty one,

0:26:05.600 --> 0:26:09.719
<v Speaker 9>are not fully developed, and so that has implications for

0:26:09.800 --> 0:26:12.520
<v Speaker 9>how culpable they are for the crimes they may commit

0:26:12.560 --> 0:26:15.720
<v Speaker 9>at those ages. So I think people are getting uncomfortable

0:26:15.720 --> 0:26:19.040
<v Speaker 9>with the idea of sentencing to death young people. They're

0:26:19.119 --> 0:26:23.720
<v Speaker 9>uncomfortable with the way that mental illness and intellectual disability

0:26:23.840 --> 0:26:27.919
<v Speaker 9>and brain damage affects behavior and affects the ability of

0:26:28.000 --> 0:26:31.040
<v Speaker 9>people to conform their behavior to the requirements of the law.

0:26:31.760 --> 0:26:35.399
<v Speaker 9>And we're seeing that reluctance translated into the number of

0:26:35.440 --> 0:26:38.520
<v Speaker 9>new death sentences around the country. You know, at one

0:26:38.560 --> 0:26:41.080
<v Speaker 9>point it's hard to believe, but we had well over

0:26:41.160 --> 0:26:44.560
<v Speaker 9>three hundred death sentences in a single year. That was

0:26:44.600 --> 0:26:47.360
<v Speaker 9>before the turn of the century. Last year we had

0:26:47.359 --> 0:26:50.639
<v Speaker 9>twenty six new death sentences, and we're on track to

0:26:50.680 --> 0:26:54.040
<v Speaker 9>do about the same for this year. But that is

0:26:54.119 --> 0:26:57.800
<v Speaker 9>markedly different from where we were just twenty five years ago,

0:26:58.520 --> 0:27:02.960
<v Speaker 9>and that I think is a reflection of the concerns

0:27:02.960 --> 0:27:06.200
<v Speaker 9>that the public have about use of the death penalty,

0:27:06.600 --> 0:27:10.240
<v Speaker 9>the many ways that we get it wrong, and their

0:27:10.320 --> 0:27:13.200
<v Speaker 9>doubts about whether they can trust a system that gets

0:27:13.240 --> 0:27:16.800
<v Speaker 9>it wrong so often and yet requires such a tremendous

0:27:16.840 --> 0:27:18.480
<v Speaker 9>investment of resources.

0:27:21.200 --> 0:27:25.320
<v Speaker 12>Very few countries, relatively speaking, especially countries that have Western

0:27:25.400 --> 0:27:29.720
<v Speaker 12>industrialized democracies have the death penalty. I almost no one

0:27:29.760 --> 0:27:30.600
<v Speaker 12>has the death penalty.

0:27:31.040 --> 0:27:34.480
<v Speaker 4>This is Sandra Babcock, a law professor at Cornell University,

0:27:34.560 --> 0:27:36.080
<v Speaker 4>an expert in the death penalty.

0:27:36.600 --> 0:27:39.520
<v Speaker 12>I mean, frankly, it's not just Western industrialized democracies. I

0:27:39.520 --> 0:27:43.720
<v Speaker 12>mean we're increasingly one of a tiny handful of countries

0:27:44.160 --> 0:27:49.000
<v Speaker 12>that continues to execute people. And our brothers and sisters

0:27:49.160 --> 0:27:52.159
<v Speaker 12>in that, you know, in that category of countries that

0:27:52.200 --> 0:27:58.600
<v Speaker 12>are imposing the death penalty are China, Iran, Iraq, you know, Yemen,

0:27:59.560 --> 0:28:03.000
<v Speaker 12>Saudi Arabia. These are not countries with which we typically

0:28:03.920 --> 0:28:07.320
<v Speaker 12>associate ourselves when it comes to respect for human rights.

0:28:08.119 --> 0:28:15.199
<v Speaker 12>European countries, the vast majority of Latin American countries, the

0:28:15.240 --> 0:28:19.040
<v Speaker 12>great majority of African states do not have the death penalty,

0:28:19.080 --> 0:28:22.040
<v Speaker 12>and don't even have life imprisonment without the possibility of parole,

0:28:22.640 --> 0:28:25.399
<v Speaker 12>which is considered to be an inhumane punishment as well.

0:28:26.080 --> 0:28:29.280
<v Speaker 12>So our system is really at the very extreme, very

0:28:29.359 --> 0:28:35.160
<v Speaker 12>punitive end of responses to violent crime. And there are

0:28:35.160 --> 0:28:39.400
<v Speaker 12>many other countries that have systems that are focused much

0:28:39.440 --> 0:28:43.640
<v Speaker 12>more on rehabilitation than ours is and who have lower

0:28:43.720 --> 0:28:46.040
<v Speaker 12>rates of violent crime in their societies.

0:28:48.800 --> 0:28:51.080
<v Speaker 2>Do you get the sense in talking to Christa right now,

0:28:51.280 --> 0:28:54.920
<v Speaker 2>like how is she doing with just the day to

0:28:54.960 --> 0:28:59.160
<v Speaker 2>day emotions of life, Like how is she doing getting

0:28:59.240 --> 0:29:01.560
<v Speaker 2>up in the morning and going for meals and engaging

0:29:01.600 --> 0:29:07.080
<v Speaker 2>with other people and knowing that she's starting this down.

0:29:08.440 --> 0:29:11.800
<v Speaker 10>I know we need to monitor Krista very carefully because

0:29:12.920 --> 0:29:15.320
<v Speaker 10>what's unfolding on a daily basis for her right now

0:29:15.360 --> 0:29:19.520
<v Speaker 10>in her interactions are people are asking her, what are

0:29:19.520 --> 0:29:22.200
<v Speaker 10>you going to pick your last meal? What are your

0:29:22.320 --> 0:29:24.920
<v Speaker 10>last words going to be? You have an opportunity here

0:29:25.200 --> 0:29:28.680
<v Speaker 10>that so few people get, which is to say something

0:29:28.800 --> 0:29:31.800
<v Speaker 10>very profound before you leave this earth. And what are

0:29:31.840 --> 0:29:34.960
<v Speaker 10>you going to say? And Christa's like, that's a lot

0:29:35.000 --> 0:29:37.440
<v Speaker 10>of pressure. I don't know what I'm supposed to say.

0:29:38.800 --> 0:29:41.480
<v Speaker 10>And so I told her again, we're just going to

0:29:41.560 --> 0:29:42.880
<v Speaker 10>have to win, so you don't have to go through

0:29:42.880 --> 0:29:44.480
<v Speaker 10>the stress of trying to come up with something.

0:29:45.080 --> 0:29:49.280
<v Speaker 2>Yeah, Krista, if.

0:29:50.560 --> 0:29:53.080
<v Speaker 11>Steve and Randy and I and the rest of your

0:29:53.120 --> 0:29:57.200
<v Speaker 11>team are successful, what you'll be looking at is living

0:29:57.240 --> 0:29:58.880
<v Speaker 11>the rest of your life inside prison.

0:29:59.680 --> 0:30:03.120
<v Speaker 10>What the does that look like to you? What would

0:30:03.160 --> 0:30:03.920
<v Speaker 10>you do with the.

0:30:03.920 --> 0:30:07.760
<v Speaker 4>Time that you have Kelly Gleason recorded this interview with

0:30:07.840 --> 0:30:10.800
<v Speaker 4>Krista on Our Behalf before she got her execution date.

0:30:11.640 --> 0:30:14.400
<v Speaker 6>If I have my sentence overturn, that would mean I

0:30:14.400 --> 0:30:18.360
<v Speaker 6>would be living on the regular compound, which would mean

0:30:18.560 --> 0:30:24.920
<v Speaker 6>I could get a good job. I could get a roommate,

0:30:25.480 --> 0:30:28.160
<v Speaker 6>which would be so weird for me, but I would

0:30:28.160 --> 0:30:33.320
<v Speaker 6>have a hopefully a permanent roommate, someone stable that I

0:30:33.360 --> 0:30:38.560
<v Speaker 6>could live with and just try to function with. Get

0:30:38.600 --> 0:30:42.080
<v Speaker 6>some kind of normal life going in here for myself,

0:30:42.920 --> 0:30:46.440
<v Speaker 6>maybe get in classes. I would like to get something

0:30:46.600 --> 0:30:49.400
<v Speaker 6>started to help some of the younger women that come

0:30:49.440 --> 0:30:51.360
<v Speaker 6>in here that have maybe been through some of the

0:30:51.440 --> 0:30:55.200
<v Speaker 6>things that I've been through in my life, to keep

0:30:55.240 --> 0:30:56.360
<v Speaker 6>them from coming back.

0:30:59.000 --> 0:31:01.680
<v Speaker 11>Looking back, when you were a kid, what kind of

0:31:01.720 --> 0:31:04.800
<v Speaker 11>help did you need that you didn't get?

0:31:09.680 --> 0:31:09.960
<v Speaker 2>Well?

0:31:11.520 --> 0:31:15.680
<v Speaker 6>I feel like as a child.

0:31:17.000 --> 0:31:17.760
<v Speaker 9>This is hard.

0:31:18.280 --> 0:31:26.520
<v Speaker 6>I think anyone recognizing when I was young doing something

0:31:26.560 --> 0:31:32.960
<v Speaker 6>about me being sexually abused. I think people acknowledging me,

0:31:33.560 --> 0:31:41.440
<v Speaker 6>paying attention to me, nurturing me, guiding me, maybe realizing

0:31:41.560 --> 0:31:45.040
<v Speaker 6>that I didn't long the same way as other children,

0:31:45.920 --> 0:31:52.880
<v Speaker 6>and doing something too, I don't know, just just nurturing

0:31:53.200 --> 0:31:56.320
<v Speaker 6>any talent that I had any gift, that I had

0:31:56.560 --> 0:32:01.000
<v Speaker 6>any bright spot in me, you know, maybe recognizing that

0:32:01.080 --> 0:32:05.640
<v Speaker 6>I had bipolar disorder instead of just labeling at something else.

0:32:05.880 --> 0:32:09.400
<v Speaker 6>And maybe if I were treated for that earlier than

0:32:10.040 --> 0:32:14.920
<v Speaker 6>waiting until I was incarcerated. There are so many things

0:32:14.960 --> 0:32:21.240
<v Speaker 6>that could have been different from so many years prior

0:32:21.320 --> 0:32:23.440
<v Speaker 6>to this happening, that could have sent me down a

0:32:23.440 --> 0:32:24.320
<v Speaker 6>different road.

0:32:27.200 --> 0:32:30.760
<v Speaker 10>In this case. What do you think justice for Colleen

0:32:30.840 --> 0:32:31.320
<v Speaker 10>looks like.

0:32:38.640 --> 0:32:41.000
<v Speaker 6>I don't know what justice for Colleen looks like.

0:32:41.680 --> 0:32:44.040
<v Speaker 8>There's nothing that I can do.

0:32:44.280 --> 0:32:47.720
<v Speaker 6>There's nothing I can say. There's nothing anyone can do

0:32:47.880 --> 0:32:52.760
<v Speaker 6>to bring her back. There's nothing anyone can do to

0:32:52.920 --> 0:32:59.280
<v Speaker 6>take May's paint away, or anyone else in her family

0:32:59.360 --> 0:33:02.840
<v Speaker 6>or any of her friends, or you know, anyone who

0:33:02.880 --> 0:33:09.520
<v Speaker 6>cares for her, anyone who needs to feel vindicated on

0:33:09.600 --> 0:33:13.320
<v Speaker 6>her behalf. There's nothing that anyone can do to bring

0:33:13.360 --> 0:33:17.640
<v Speaker 6>her back. So I don't know what this for her

0:33:17.720 --> 0:33:22.400
<v Speaker 6>looks like. But I can, you know, all I can

0:33:22.440 --> 0:33:30.160
<v Speaker 6>do on on my part is try to, you know,

0:33:32.000 --> 0:33:36.840
<v Speaker 6>the best person I can be today. I can. I

0:33:36.880 --> 0:33:40.160
<v Speaker 6>can try to be hopeful now. I can, you know,

0:33:41.680 --> 0:33:47.120
<v Speaker 6>try to talk to people in here now that I

0:33:47.240 --> 0:33:49.280
<v Speaker 6>see going down the path that I was going down

0:33:49.280 --> 0:33:51.280
<v Speaker 6>when I was young. I can try to be a

0:33:51.320 --> 0:33:53.400
<v Speaker 6>good person now, I can try to be a better

0:33:53.440 --> 0:33:58.400
<v Speaker 6>person tomorrow than I am today, And you know, I

0:33:58.400 --> 0:33:59.680
<v Speaker 6>don't know what that looks like.

0:34:01.920 --> 0:34:05.960
<v Speaker 4>This final episode was recorded on October sixteenth, twenty twenty five.

0:34:06.720 --> 0:34:09.319
<v Speaker 4>Christa's team was still working on her clemency petition to

0:34:09.320 --> 0:34:13.799
<v Speaker 4>present to Tennessee's Republican Governor, Bill Lee. Krista had yet

0:34:13.800 --> 0:34:16.359
<v Speaker 4>to formally choose whether she would like to die by

0:34:16.440 --> 0:34:20.640
<v Speaker 4>lethal injection or electric chair. She had started to think

0:34:20.680 --> 0:34:23.160
<v Speaker 4>about any final remarks she would like to make.

0:34:26.719 --> 0:34:28.960
<v Speaker 11>Do you think it's possible that you would ever get

0:34:28.960 --> 0:34:30.680
<v Speaker 11>to a point in your life where you no longer

0:34:30.719 --> 0:34:31.760
<v Speaker 11>deserve to be punished?

0:34:34.160 --> 0:34:39.360
<v Speaker 6>No matter how long I'm alive, I'll always be punished

0:34:39.480 --> 0:34:43.600
<v Speaker 6>for this, whether I'm on this row, whether I have

0:34:43.640 --> 0:34:48.160
<v Speaker 6>a life stinness, whether I were to walk out the

0:34:48.239 --> 0:34:52.400
<v Speaker 6>gate to this prison. Because I know what I did,

0:34:52.560 --> 0:34:59.239
<v Speaker 6>I know what I've done to my family, to my

0:34:59.440 --> 0:35:04.440
<v Speaker 6>victim who have victims family. I'll live with that for

0:35:04.480 --> 0:35:10.239
<v Speaker 6>the rest of my life, and I have an understanding

0:35:10.320 --> 0:35:11.560
<v Speaker 6>of the gravity of that.

0:35:11.719 --> 0:35:12.040
<v Speaker 1>Now.

0:35:12.320 --> 0:35:15.600
<v Speaker 6>I'll punish myself for that for the rest of my life.

0:35:16.520 --> 0:35:19.400
<v Speaker 11>Okay, I'll just stop recording and unless there's anything more

0:35:19.440 --> 0:35:19.799
<v Speaker 11>you want to.

0:35:19.800 --> 0:35:25.080
<v Speaker 6>Say, I don't know. I think that's it.

0:35:25.920 --> 0:35:27.799
<v Speaker 11>Okay, I'm going to stop recording them.

0:35:36.120 --> 0:35:40.080
<v Speaker 4>Unrestorable is executive produced and hosted by Me, Sarah Chulevin,

0:35:40.480 --> 0:35:44.520
<v Speaker 4>and Beth Carris, mixing and sound design by Reza Daya

0:35:45.040 --> 0:35:49.120
<v Speaker 4>for Anonymous content. Jessica Grimshaw is our executive producer, Jennifer

0:35:49.200 --> 0:35:52.160
<v Speaker 4>Sears is our executive in charge of production, and Nicole

0:35:52.239 --> 0:35:56.760
<v Speaker 4>Pronk is our legal counsel. For iHeart, executive producer Christina

0:35:56.800 --> 0:35:59.800
<v Speaker 4>Everett and supervising producer Abu Zaphar