Just Mercy (5 page)

The U.S. Supreme Court reviewed the Alabama court’s decision. Using “separate but equal” language that previewed the Court’s infamous decision in
Plessy v. Ferguson
twenty years later, the Court unanimously upheld Alabama’s restrictions on interracial sex and marriage and affirmed the prison terms imposed on Tony Pace and Mary Cox. Following the Court’s decision, more states passed racial integrity laws that made it illegal for African Americans, and sometimes Native
Americans and Asian Americans, to marry or have sex with whites. While the restrictions were aggressively enforced in the South, they were also common in the Midwest and West.
The State of Idaho banned interracial marriage and sex between white and black people in 1921 even though the state’s population was 99.8 percent nonblack.

It wasn’t until 1967 that the United States Supreme Court finally struck down anti-miscegenation statutes in
Loving v. Virginia
, but restrictions on interracial marriage persisted even after that landmark ruling. Alabama’s state constitution still prohibited the practice in 1986 when Walter met Karen Kelly. Section 102 of the state constitution read:

No one expected a relatively successful and independent man like Walter to follow every rule. Occasionally drinking too much, getting into a fight, or even having an extramarital affair—these weren’t indiscretions significant enough to destroy the reputation and standing of an honest and industrious black man who could be trusted to do good work. But interracial dating, particularly with a married white woman, was for many whites, an unconscionable act. In the South, crimes like murder or assault might send you to prison, but interracial sex was a transgression in its own unique category of danger with correspondingly extreme punishments. Hundreds of black men have been lynched for even unsubstantiated suggestions of such intimacy.

Walter didn’t know the legal history, but like every black man in
Alabama he knew deep in his bones the perils of interracial romance.
Nearly a dozen people had been lynched in Monroe County alone since its incorporation. Dozens of additional lynchings had taken place in neighboring counties—and the true power of those lynchings far exceeded their number. They were acts of terror more than anything else, inspiring fear that any encounter with a white person, any interracial social misstep, any unintended slight, any ill-advised look or comment could trigger a gruesome and lethal response.

Walter heard his parents and relatives talk about lynchings when he was a young child. When he was twelve, the body of Russell Charley, a black man from Monroe County, was found hanging from a tree in Vredenburgh, Alabama. The lynching of Charley, who was known by Walter’s family, was believed to have been prompted by an interracial romance. Walter remembered well the terror that shot through the black community in Monroe County when Charley’s lifeless, bullet-ridden body was found swinging in a tree.

And now it seemed to Walter that everyone in Monroe County was talking about his own relationship with Karen Kelly. It worried him in a way that few things ever had.

A few weeks later, an even more unthinkable act shocked Monroeville. In the late morning of November 1, 1986, Ronda Morrison, the beautiful young daughter of a respected local family, was found dead on the floor of Monroe Cleaners, the shop where the eighteen-year-old college student had worked. She had been shot in the back three times.

Murder was uncommon in Monroeville. An apparent robbery-murder in a popular downtown business was unprecedented. The death of young Ronda was a crime unlike anything the community had ever experienced. She was popular, an only child, and by all accounts without blemish. She was the kind of girl whom the entire white community embraced as a daughter. The police initially believed that no one from the community, black or white, would have done something so horrific.

Two Latino men had been spotted in Monroeville looking for work the day Ronda Morrison’s body was found, and they became the first suspects. Police tracked them down in Florida and determined that the two men could not have committed the murder. The former owner of the cleaners, an older white man named Miles Jackson, fell under suspicion, but there was no evidence that pointed to him as a killer. The current owner of the cleaners, Rick Blair, was questioned but considered an unlikely suspect. Within a few weeks, the police had tapped out their leads.

People in Monroe County began to whisper about the incompetence of the police. When there were still no arrests several months later, the whispers became louder, and public criticisms of the police, sheriff, and local prosecutor were aired in the local newspaper and on local radio stations. Tom Tate was elected the new county sheriff days after the murder took place, and folks started to question whether he was up to the job. The Alabama Bureau of Investigation (ABI) was called in to investigate the murder but achieved no more success solving the crime than local officials had. People in Monroeville became anxious. Local businesses posted rewards offering thousands of dollars for information leading to an arrest. Gun sales, which were always robust, increased.

Meanwhile, Walter was wrestling with his own problems. He had been trying for weeks to end his relationship with Karen Kelly. The child custody proceedings and public scandal had taken a toll on her; she had started using drugs and seemed to fall apart. She began to associate with Ralph Myers, a white man with a badly disfigured face and lengthy criminal record who seemed to perfectly embody her fall from grace. Ralph was an unusual partner for Karen, but she was in such serious decline that nothing she did made any sense to her friends and family. The relationship brought Karen to rock bottom, beyond scandal and drug use into serious criminal behavior. Together they became involved in dealing drugs and were implicated in the murder
of Vickie Lynn Pittman, a young woman from neighboring Escambia County.

Police had quick success in investigating the Pittman murder, rapidly concluding that Ralph Myers had been involved. When the police interrogated Ralph, they encountered a man as psychologically complicated as he was physically scarred. He was emotional and frail, and he craved attention—his only effective defense was his skill in manipulation and misdirection. Ralph believed that everything he said had to be epic, shocking, and elaborate. As a child living in foster care, he had been horribly burned in a fire. The burns so scarred and disfigured his face and neck that he needed multiple surgeries to regain basic functioning. He became quite used to strangers staring at his scars with pained expressions on their faces. He was a tragic outcast who lived on the margins, but he tried to compensate by pretending to have inside knowledge about all sorts of mysteries.

After initially denying any direct involvement in the Pittman murder, Myers conceded that he may have played some accidental role but quickly put the blame for the murder itself on more interesting local figures. He first accused a black man with a bad reputation named Isaac Dailey, but the police quickly discovered that Dailey had been in a jail cell on the night of the murder. Myers then confessed that he had made up the story because the true killer was none other than the elected sheriff of a nearby county.

As outrageous as the claim was, ABI agents appeared to take it seriously. They asked him more questions, but the more Myers talked, the less credible his story sounded. Officials began to suspect that Myers was the sole killer and was desperately trying to implicate others to minimize his culpability.

While the death of Vickie Pittman was news, it failed to compare with the continuing mystery surrounding the death of Ronda Morrison. Vickie came from a poor white family, several of whose members were incarcerated; she enjoyed none of the status of Ronda Morrison. The Morrison murder remained the focus of everyone’s attention for months.

Ralph Myers was illiterate, but he knew that it was the Morrison crime that was preoccupying law enforcement investigators. When his allegations against the sheriff didn’t seem to be going anywhere, he changed his story again and told investigators that he had been involved in the murder of Vickie Pittman along with Karen Kelly and her black boyfriend, Walter McMillian. But that wasn’t all. He also told police that McMillian was responsible for the murder of Ronda Morrison. That assertion attracted the full attention of law enforcement officials.

It soon became apparent that Walter McMillian had never met Ralph Myers, let alone committed two murders with him. To prove that the two of them were in cahoots, an ABI agent asked Myers to meet Walter McMillian at a store while agents monitored the interaction. It had been several months since Ronda Morrison’s murder.

Once Myers entered the store, he was not able to identify Walter McMillian among several black men present (he had to ask the owner of the store to point McMillian out). He then delivered a note to McMillian, purportedly written by Karen Kelly. According to witnesses, Walter seemed confused both by Myers, a man he had never seen before, and the note itself. Walter threw the note away and went back to what he was doing. He paid little attention to the whole odd encounter.

The monitoring ABI agents were left with nothing to suggest any relationship between Myers and McMillian and plenty of evidence indicating that the two men had never met. Still, they persisted with the McMillian theory. Time was passing—seven months, by this time—and the community was fearful and angry. Criticism was mounting. They desperately needed an arrest.

Monroe County Sheriff Tom Tate did not have much law enforcement experience. By his own description he was “very local” and took great pride in never having ventured too far from Monroeville. Now, four months into his term as sheriff, he faced a seemingly unsolvable murder and intense public pressure. When Myers told police about McMillian’s relationship with Karen Kelly, it’s likely that the infamous
interracial affair was already well known to Tate as a result of the Kelly custody hearings that had generated so much gossip. But there was no evidence against McMillian—no evidence except that he was an African American man involved in an adulterous interracial affair, which meant he was reckless and possibly dangerous, even if he had no prior criminal history and a good reputation. Maybe that was evidence enough.

After spending the first year and a half of my legal career sleeping on Steve Bright’s living room couch in Atlanta, it was time to find an apartment of my own. When I’d started working in Atlanta, staff were scrambling to handle one crisis after another. I was immediately thrown into litigation with pressing deadlines and didn’t have time to find a place to live—and my $14,000 annual salary didn’t leave me with much money for rent—so Steve kindly took me in. Living in Steve’s small Grant Park duplex allowed me to question him nonstop about the complex issues and challenges our cases and clients presented. Each day we dissected big and small issues from morning until midnight. I loved it. But when a law school classmate, Charles Bliss, moved to Atlanta for a job with the Atlanta Legal Aid Society, we realized that if we pooled our meager salaries, we could afford a low-rent apartment. Charlie and I had started at Harvard Law School together and had lived in the same dorm as first-year students. He was a white kid from North Carolina who seemed to share my confusion about what we were experiencing during law school. We frequently retreated to the school gym to play basketball and to try to make sense of things.

Charlie and I found a place near Atlanta’s Inman Park. After a year, a rent increase forced us to move to the Virginia Highlands section of the city, where we stayed for a year before another rent increase sent us to Midtown Atlanta. The two-bedroom apartment we shared in Midtown was the nicest place in the nicest neighborhood we’d yet found. Because of my growing caseload in Alabama, I didn’t get to spend much time there.

My plan for a new law project to represent people on death row in Alabama was starting to take shape. My hope was to get the project off the ground in Alabama and eventually return to Atlanta to live. My docket of new death penalty cases in Alabama meant I was working insane hours driving back and forth from Atlanta and simultaneously trying to resolve several prison condition cases I had filed in various Southern states.