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Death-Penalty

A Trip To The Planetarium For Kayle

William Kissinger · August 17, 2025 · Leave a Comment

Carrying Our Veterans On Our Shoulders

Today I had the honor of being the final speaker at an event/press conference sponsored by Floridians For Alternatives To The Death Penalty and Death Penalty Action. I was joined by 3 other Veterans who are active in representing Veterans and, honestly? I felt a good bit out of my depth. Man, EVERYBODY outranked me! There was a retired Navy Captain, a retired Army Major, a retired Army Sergeant and finally, me, a lowly Airman 1st Class, USAF.

Everybody was smarter than me. Everybody dressed better than me. They were charismatic like you just wouldn’t believe! They all had 20, 30, even 40 years invested in their careers doing exactly what they were doing. And I was the last speaker, so I really faced an uphill battle going into the fight. But I had a clearly distinct advantage in one regard and outranked them all in one aspect – I was the ONLY one in the room who had served 47 years in one of the worst prisons in America. I’m pretty certain that I was the only convicted murderer present (though I cannot be entirely certain of that detail !). LoL!

(L-R) Tom Dunn, Esq. (USA) [Kayle Bates’ Trial Attorney] , Art Cody, Esq., (USN), Director Center for Veteran Criminal Advocacy, Bill Kissinger, A1st, (USAF), Justice Advocate, David Ferrier, retired Sergeant (USA) Mitigation Investigator

We were all gathered together in a room at the Challenger Learning Center in Tallahassee, Florida, a beautiful complex with scale models of the Challenger spacecraft, an IMAX theater, and a planetarium that will dazzle you.

TOP – The Planetarium BOTTOM – The Event Room

It was a beautiful setting for a serious discussion on a gruesome event – the pending execution of Kayle Bates, whose execution at time of this writing is scheduled for 6:00pm, August 19, 2025.

The four of us had only met the night before at a dinner organized by the bubbly and energetic Grace Ellen Hanna, the Board Secretary of FADP. I cannot stress enough how calming of a presence Grace carries with her effortlessly, and in all of my moments of vulnerability (frequent!) was there to push me forward. She also served as my personal taxi service for which I am forever grateful.

Grace Ellen Hanna, Board Secretary, FADP

Art Cody was the last to arrive to the dinner due to travel complications, so Dave Ferrier, Tom Dunn and his wife, Millie, (Litigation Attorney, Federal Public Defender Program), Grace and I proceeded to enjoy each other’s company and a great meal. In the process, we discovered that we actually knew other people in each other’s orbit. See, the capital punishment circle is actually very small and it’s like the old adage that “Everybody knows somebody and somebody knows everybody.” Millie knew Federal Public Defenders in Louisiana that I’ve worked with and Dave knew ex-convicts that I had known and seen go home many years before that Dave had worked to prove his innocence.

The reason the circle is small is actually multifold: the job of representing and defending or appealing a death-sentenced prisoner demands a dedication, passion and commitment that very few attorneys possess. The passion comes from believing that every human life is sacred and to put it all very simply

Killing people who kill people to show people that killing people is wrong just doesn’t work. It only kills more people.

The job also requires that a person be able to set aside all of their own biases and prejudices and fight to save this life – this hated and reviled and contemptible life, and that’s a pretty apt descriptor for virtually every single death-eligible prisoner ever to stand trial. But, it’s also the descriptor used by those who wholeheartedly support and actually energize the push for more and faster executions.

I have talked with and interviewed many wardens and high-ranking security officials and they are almost unanimous in their belief that capital punishment does not serve the purpose of deterrence and does much more harm than good. It only creates more victims. The executioners, also, become victims as they are forced to kill another human being with whom they have near-daily contact and become familiar with over time.

And then, there are those who simply take a “clinical” or “sanitized” viewpoint: “It’s a part of the job and I may not like it, but I have to do it so I’ll be humane and kind to him while I do it.” Like shooting him with a bullet made of sugar? Suffocating him with a fragrant and aromatic, flower-scented gas? Hanging him with a rope made of the finest silk? Or, there’s this:

“When Warden Burl Cain came that afternoon to my office, I poured him coffee. He’d hosted a new coroner’s technician for dinner the night before and told me how he’d described the execution to him, to calm his worries: “Four officers will escort Dobie from his cell. The strapdown team is well trained, each officer has an arm or a leg. If he resists, they’ll carry him. They’ll strap him to the gurney and it’ll be over quickly—then you’ll pronounce him dead.” He spoke as matter-of-factly as discussing the weather. I was appalled; Cain was serene. Before leaving, he slipped off to deliver a brand-new “Stone Cold” Steve Austin T-shirt to Dobie—an awkward farewell gift.”

Bill Kissinger, from “The Last Breakfast”, in the Harvard Inquest Magazine.

How do we distance ourselves from this mindset, from this policy-directed death, from this sanitized version of pre-meditated murder? By opposing it, fighting against it and demanding by every possible measure that we abolish it. Here is where the passion and commitment comes in. This is the passion that Tom Dunn carries with him to trial, that Art Cody defends his clients with and that David Ferrier investigates and searches for mitigating evidence with.

Kayle Bates was Tom’s first capital case after leaving the Army. It turned into a decades-long journey with Kayle that continues today.

Kayle Bates – Scheduled for execution August 19, 2025

After graduating from high school, Kyle Bates followed his lifetime dream and he enlisted in the military with the Florida National Guard. He served for six years. He participated in the unit’s activation to quell the race riots in Liberty City in Miami in 1980. He also attended and completed the Army’s rigorous jungle training in Panama. Essentially, his wife said after those two incidences, Kyle was different. He had nightmares. He’d wake up screaming loudly, acting crazy, and not recognizing or remembering where he was.

As Art explained, every veteran on death row has service connected, post-traumatic stress disorder, traumatic brain injury, or other service related disabilities. It is a service connected disability because were it not for the fact he served, had he not raised his hand and volunteered for duty, he would not have this mental health problem and would not have committed this crime and never found himself on death row.

Every veteran who served – especially in combat or combat zones – brings home scars that are sometimes plainly visible, and sometimes invisible and unseen, and sometimes don’t manifest themselves for months, years, or even decades later. Such close and frequent association with violent death does not leave one unscathed. Of the general population of the United States, only about 5% are veterans. Yet the segment of veterans on death row is 10%, or twice the rate of normal population. That rate is growing – the United States has been in more wars in the past 30 years than any other period in history. More veterans are exposed to the horrors of war and ever more powerful and destructive weapons.

Sgt. David Ferrier, U.S. Army, a Vietnam veteran and longtime capital defense investigator, talked about how little the system accounts for veterans’ trauma. He said, “In criminal cases, it’s very common that the only person in the courtroom familiar with the veterans’ experience, with the veterans’ military experience, are the veterans themselves.”

He reminded the audience that PTSD is not a new thing, and neither is the state’s neglect of it.

“Although it’s been referred to by many different names over the centuries — soldier’s heart, shell shock, battle fatigue, Vietnam syndrome, post-traumatic stress disorder — it has been part of warfare since ancient times,” Dave said. “It’s written about in The Odyssey, it’s written about in All Quiet on the Western Front. It’s written about in a variety of Vietnam oriented books. Such close and frequent association with violent death in combat does not leave one unscathed.”

And then, it was my turn. I spoke not only as a former Airman First Class, U.S. Air Force, Vietnam veteran and criminal justice reform advocate, but also as an ex-offender who spent 47 years in prison. During much of my time in prison I served as an Inmate Counsel Substitute (paralegal) and much of it working on death row.

When I began, I recalled the lessons of military service from the first day of basic training through tech school and on to the combat zone:

“When a brother is hurting, when a brother is wounded, you run to him, you put him on your shoulders and you carry him as far as you can towards safety.”

I described the day I brought a petition with 4,000 signatures to Governor DeSantis’ office pleading to halt the execution of Edward “Zak” Zakzwreski only 2 weeks before this day on behalf of FADP and Death Penalty Action.

“When I did this, it reawakened something in me and it was hard for me to deal with, but it reminded me that when I went down that hall, I was carrying every veteran on death row with me.”

I also spoke about sitting with a condemned man on death row during his final hours.

I was given permission by the warden to spend the last 24 hours of his life with Dobie Gillis Williams. Dobie, at the time of his execution, was a 39-year-old black man that was tried and convicted by an all white jury with a white prosecutor, a white judge, a white defense attorney, white sheriffs in the courtroom, and he was terrified. The night before his execution, I stood at the bars with him talking to him, and we had his lawyer on the phone and she was just crying and screaming, “Dobie, there’s nothing else I can do! I can’t do anything else.”

I tell that whole story here on Substack in “The Last Breakfast.”

Our veterans are in the same shape. We send them to war. They face the horrors of war. They come home and we ignore them. Governor DeSantis has had the opportunity four times this year to pick a veteran up and put him on his shoulder and carry him to safety. He’s not doing it. Instead, he’s choosing to rush them to the chamber of death and it’s wrong. It is time to stop executions for everyone, but most especially for our most vulnerable, and our most vulnerable are our veterans. They’re the most deserving of our care, our empathy, and they’re deserving of us picking them up and putting them on our shoulders and carrying them to safety.

I sincerely hope that I am able to continue carrying this weight towards safety for at least a bit farther. My appreciation extends to everyone who helps to shoulder the burden and help me carry it. My thanks to Grace, Bridget, Art, Dave, Tom and Millie, and to all the unseen hands that help to make it a little bit lighter.

The Collision Course of Ron DeSantis and Edward Zakrzewski

William Kissinger · August 17, 2025 · Leave a Comment

It Ends In The Death House

My trip to see the Governor – or the Floridian, His Excellency of Death – was eventful in that I met a wonderful Episcopal priest by the name of Reverend Susan Gage. Just as everything seemed as if it were going to go all the way off the rails, she showed up staring intently at my T-Shirt and Vietnam Veteran cap, as if God Himself had sent her to rescue me from my shortcomings. Made me wonder if God was either partial to Episcopalians or showing a bit of mercy to a blundering sinner.

In my very first solo mission for Floridians for Alternatives to the Death Penalty and Death Penalty Action, I made a tremendous boo-boo. I made a miscalculation timewise and presented the dual Petitions for Clemency for Edward Zakrzewski 30 minutes early.

The only saving grace for me was twofold – no media timely made an appearance and I did have the foresight to take photos of my presentation to the beaming young lady sitting behind the imposing barrier of Reception. It appears that – as Susan patiently explained to me – it is very difficult to catch the attention of the media in Tallahassee. It seems as though executions have become so commonplace in Florida that they don’t even bother to show up any more unless, of course, there might possibly be an “illegal alien” lurking in the crowd for FHP and ICE to grab..

First though, before making my way haltingly to Reception. I had to traverse the Security barricades manned at the moment by no less than five big and burly armed officers, X-ray machines, bowls for metallic odds and ends and wands which they use to scan your person. Now, to be quite honest with you, this was an intimidating process; however, not one I am completely unfamiliar with. You see, I was in prison for 47 calendar years in Louisiana, so I am well-versed in intrusive – and abusive – searches.

This was neither intrusive or abusive, yet I knew the drill perfectly: empty your pockets, open the backpack, deposit phone(s) in the bowl, set laptop to the side, lift arms and follow directions, turning when told, and when approved gather everything back up. Ask for and receive directions. Simple, right? Absolutely. Traumatic and triggering? Absolutely!

It brought to mind all of the many, many times I had been shaken down in Angola by angry officers or scared officers or rookie guards who felt they had to make an impression. Though, honestly, they never impressed me. After a while you don’t let it affect you, just let them do their thing and hope for the best. Back in the game, we used the old trick of placing a hard-core porno magazine about 1/3 of the way down in our boxes, and it’d get them every time. They’d lock in on that and sit there for an hour slowly paging through the mag, and “forget” to shake us down and their lieutenant would call for them to go somewhere else. Then the new policies went into effect and porn was contraband, so we had to find new ways – and, of course, we did.

I got through this shakedown without incident, and was so relieved I thought I might pass out. Just a few short years before in prison, I had been fortunate to get in to a Shift Supervisor’s office without risking either a serious cursing out or lockdown or at the extreme, an ass-kicking and a stay in extended lockdown. They gave me directions and I gathered my belongings, stuffing pockets and lugging my backpack into place and sat off on this amazing journey. Once the necessary turns and corners were navigated, there it sat before me, this imposing hallway – the Pathway to Power.

Hallway To The Governor’s Office – Tallahassee, FL

It was an impressive Pathway for sure, a long and wide gleaming corridor of marble lined with gilt-framed oversized oil paintings of former Governors, some of whom went on to become US Congressmen. I am an Air Force Vietnam veteran and had the distinct pleasure of delivering a dispatch to a Brigadier General who was based in Saigon (now Ho Chi Minh City) in much less grand quarters but who had equally impressive powers. The General had the power to summarily kill hundreds or thousands of people via a radioed order with no qualms, no hesitation, no regrets. This man at the end of this corridor had the power to kill only one at a time and solely with the stroke of a pen, but his actions would affect dozens now, and perhaps even future generations.

What struck me as I turned to enter this hallway was a section with an elegant display of plaques attached to the wall, marked “Florida’s Medal of Honor Recipients” in bold black lettering. There is an accompanying inscription explaining the Medal and describing in summation, “These members of the Armed Forces have brought great credit upon themselves, their military units, and the State of Florida. We salute them!”

Tribute Wall In The Capitol, Tallahassee, FL

Edward “Zak” Zakrzewski was an Air Force veteran. His military records consistently rated him as exemplary in conduct, appearance, and compliance with Air Force standards — both on and off duty. He was often described as a role model for others. He was no Medal of Honor recipient by far, but he did his job and was prepared to sacrifice himself in service to this country if called upon. His crime was horrific, but it was also completely out of character, and proof that he was plagued with emotional and mental burdens too heavy to bear.

These thoughts would not escape my mind as I crossed the final few feet into the opening to the sanctum. My heart was thundering in my chest as the lovely young lady behind the high desk asked if she could help me. Remembering my mission, I said very clearly and confidently

“I hope so, ma’am. I’m here as a representative of Death Penalty Action – a nationwide organization opposed to the death penalty – and Floridians for Alternatives to the Death Penalty. I have petitions from both groups with thousands of signatures calling upon Governor DeSantis to halt tomorrow’s execution of Edward Zakrzewski. We ask that he honor this man’s military service, and the fact that half of his jury wanted to spare him death. I would like to submit these petitions to him. Would you accept them and may I speak with him?”

Petition Delivery At The Governor’s Office

To make it short, she accepted them with a smile and a few kind words and said that the Governor was not available. I thanked her and left, my heart rate slowing as I did until I came to the Medal of Honor display, and turned to ponder it again. It was tragic that politicians constantly harp on and on about how they “care for our Veterans,” and “honor their service” and “respect their sacrifices.” In reality, Veterans are expendable on the fields of battle and in everyday life. Why else would there be thousands of veterans battling addiction, sleeping on the streets and in whatever shelter they can find? Why else would vital physical and mental health services be cut and benefits denied?

Edward Zakrzewski sought treatment and sought help for his demons. He remained deeply remorseful for many years. Five members of his jury voted for life instead of death. The judge overrode their decision. If he stood trial under today’s laws in Florida, he would be ineligible for execution. Edward Zakrzewski deserved mercy, and hardly merited a moment’s thought as DeSantis’ pen scrawled across the warrant calling for his execution.

Florida this year has carried out more executions than any other state, while Texas and South Carolina are tied for second with four each. A 10th execution is scheduled in Florida on Aug. 19 and an 11th on Aug. 28 under death warrants signed by Republican Gov. Ron DeSantis.

Florida is setting records already – it’s just now August 1 – and not in a good way.

My mission was complete, if not a success. RIP, Zak.

The Desperate Client

William Kissinger · June 5, 2025 · Leave a Comment

Left At The Altar

The interview meeting was not my first. It was to my knowledge, however, the first of its’ kind. I had been an Inmate Counsel (“lawyer” in the jailhouse sense) for a fair number of years and had encountered many entirely new and different – some might go so far as to say “unique” – situations. The guy sitting across from my desk I had talked to a number of times when I made my morning rounds of the tiers on Death Row. Just never at length, never without bars separating us, and never in such a tense moment.

His wrists were wrapped with solid stainless steel handcuffs threaded through the notorious ‘black box’ and his feet were shackled to his chair. Two security officers had brought him into the Legal Aid Office and strapped him in and cautioned him; “Do NOT fuck up! Act like you’ve got some sense now.”

At the time, I was kind of a hero, as I had just a few years before beaten the Warden, Burl Cain, in a huge lawsuit wherein I was portrayed as the hero and he the villain. It was not much of a stretch to frame Cain as a villain – he was wildly popular with Louisiana’s legislature – his brother, James David Cain (R) from Pitkin, Louisiana, was a legislator for some 36 years – and was often caught up in mildly scandalous affairs and various goings-on. Burl testified that I “used bad words,” and deserved to be punished for saying them. All I had said (in a letter to the FDA requesting an investigation into a private enterprise on prison grounds) was that it was “shrouded in secrecy and stinks of impropriety”

So he locked me up in solitary, I was threatened with being “shot while attempting to escape,” and various other forms of not-so-pleasurable treatment. However, thanks to a friend who smuggled a letter detailing my experiences to a federal judge, a volunteer lawyer who fought tooth-and-nail on my behalf (Keith Nordyke), and favorable public opinion, I eventually prevailed in a federal lawsuit. Instant fame amongst the convicts, instant landfall monies, and an instant target on my back from several different quarters.

I had fought my assignment to Death Row for some time. Burl Cain had summoned me to the A-Building late one night and asked me to take on the role. He explained why I was the perfect candidate for the job. I demurred with the best initial answer I could come up with at the moment – “Warden, how do you expect me to go in at night and lay my head down on that pillow and sleep, not knowing if I had correctly and effectively done everything possible to save that man’s life knowing that next week or the week after you’ll be the one to kill him?! I can’t do that.”

Well, as Wardens will do, he let me go with that, and then a week later Colonel Sam Smith called me in to an Internal Review Board and basically told me I had better take the assignment or…else. He said (off the taped record, of course) he had received instructions from Burl Cain. I abandoned my clients on the Civil Litigation Team and I accepted the assignment.

I had settled in fairly well and grown to learn most of my clients – all condemned to die by lethal injection – and become familiar with most of them and their needs. I had Shepardized cases for them, fetched and delivered law books to them, drafted motions on their behalf, filed public records requests for them, obtained DNA tests and located “lost” evidence in police files for them, and advocated with everybody on earth I could think of on their behalf.

This, however, was a beast of a different stripe. When I made morning rounds on the Tiers, Kevin S. had stopped me and thrust a piece of paper in my face. Shaking from fear or anger or worry or some emotion, he said, “Man, these mother-fuckers trying to kill me and I ain’t even got a lawyer!” Well, this wasn’t right or…was it? I mean, everybody on Death Row has lawyers, don’t they? Don’t they?

It was very simple – it was an Order from the 19th Judicial District Court in Baton Rouge (the state’s capital) setting his date of execution. The date that the State of Louisiana would calmly, methodically and purposefully kill him had been set.

But, to my way of thinking, it hadn’t been set in stone. And that’s the only thing that counts. You see, when a convict (especially an Inmate Counsel) thinks there’s a way to get past something, he’s going to find it. Now, it might be around it, over it, under it, or through it…but he’s going to find it.

So, after getting past my initial uneasiness at the way the meeting had started out, we got into the details. Kevin S. – a tall, heavily built and very dark Black man – had been convicted of the July 30, 1991, 1st Degree Murder of one Kenny Ray Cooper, a young guy working at a Church’s Fried Chicken. As he continued with the story, my skepticism began to wane. He told me that it was NOT an armed robbery, as the DA had presented it to the jury. It was actually a case of self-defense.

Louisiana defined 1st Degree Murder (Louisiana Revised Statute R.S. 14.30) at the time as:

“The killing of a human being:

(1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of certain listed felonies (e.g., aggravated kidnapping, rape, robbery, arson, burglary, assault, etc.),

OR

(2) When the offender has specific intent to kill or inflict great bodily harm and meets other aggravating factors.”

As Kevin unraveled the story to me, Kenny owed him money from a previous drug deal, and he had gone to collect after several failed attempts. An argument ensued, and Kenny pulled a gun and Kevin pulled his and they exchanged shots. Kenny died – Kevin survived. Now, Kevin was awaiting the horror of being killed by Louisiana for defending himself.

Before I go further into the story and my reliving of the moment, let me tell you a few things about Louisiana’s death penalty and its’ prosecution and application in Louisiana. Louisiana is inherently a racist state, and always has been. It has a rich and vibrant history of horrific racism. Even today, Louisiana’s justice system fights to maintain Jim Crow-era laws that are responsible for the mass incarceration crisis in the state, and which even now, threatens to dominate the nation in the numbers of prisoners stuck behind bars for the remainder of their natural lives.

When I was in Angola prison (where I served 47 flat calendar years), at one point I was fortunate enough to meet the artist Debra Luster, while she was working on her beautiful exhibit One Big Self: Prisoners of Louisiana. As a wooden bowl maker and erstwhile craftsman, I participated in her project. This was only one of the myriad of experiences where I began to realize that Louisiana had a serious problem with racism and mass incarceration.

However, as I sat across the desk from Kevin on that day, these were all thoughts far from my mind. I was focused on one thing and one thing only: saving his life from being murdered by the State of Louisiana. It really made no difference to me whether Kevin was truly guilty or truly innocent – at moments such as this, innocence is never the point – the point is taking the next in a series of breaths.

Now, I believe I had told you that Kevin said to me, “…trying to kill me and I ain’t even got a lawyer!” Well, that wasn’t entirely correct, Turns out that he did indeed have attorneys appearing on his behalf. They just weren’t there. Turns out there was a big fancy wedding taking place in England, and his attorney was doing the most vitally important task of attending the wedding. Hmmm…balancing the scales between attending a wedding and getting a stay on Kevin’s case….I believe I would have chosen the latter. But, I digress….

I called Ms. Dora Rabalais, (Director of Legal Programs at Angola for 26 years) and explained the situation to her. At that point in time, we had a pretty good relationship because (secretly) she had admired my first battle with Warden Burl Cain, (wherein I wrote the now-famous “shrouded in secrecy” letter). At the conclusion of my case in Federal District Court, she had told me that I had brought credibility and strength back to the program. So, today, she was willing to help in this seemingly urgent matter.

She called the Death Row Warden who was in charge of both CCR (Close Cell Restriction) and Death Row, and I have no clue as to how the conversation went. I do know that it was only about an hour later that one of the post officers came to my office and told me that they would be bringing Kevin to the office in about thirty minutes. So, that’s how we came to be sitting across from each other, how I heard his story, and how the first-of-its-kind meeting was arranged, and how the next events took place.

Kevin and I talked for at least an hour or two and I told him what we would do. I would file for a Stay of Execution and go from there. I prepared it (my first one in such a critical matter!) using a Louisiana Formulary, and had it carried to Ms. Dora’s office where she faxed it to the court. As expected, a few hours later it was DENIED. I had already prepared an appeal of the denial and sent that back to Ms. Dora, where it was faxed to the Louisiana State Supreme Court. Baby stuff, right?

Maybe ‘baby stuff’, but for me, for Kevin, for everybody, it was huge. In times of clear pressure, Legal Programs was thriving and delivering on the promise of effective assistance of counsel substitutes to all inmates.

Under her leadership, Angola’s legal programs became a model for other states. States like Florida, Mississippi, and Texas adopted similar programs to enhance legal assistance for inmates without the need to hire additional attorneys.

Kevin eventually received his stay order. That night, if no other, I could lay my head down and rest knowing that I had done everything I could to help Kevin, and that it would not be the next week that Louisiana would kill him.

We had several more interactions over the next year or so, and I continued my work for Death Row, Treatment Center, and Infirmary Center inmate clients. Years later, I looked up one day in the chow line and Kevin was standing there – free from the promise of death. He had been re-sentenced and now had a LWOP (life without parole) sentence.

Sadly, though, my battles with Burl would resume some time later. We would get into a war over my accusations of financial impropriety and he would again send me to another institution. It was a harrowing experience to endure for what I felt was – again -doing the right thing. Ultimately, I prevailed again,

I have now been free for 781 days. I just turned 72. I’m living my best life. I hope you are too!

The Author – Bill Kissinger

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Rewriting A Memoriam

William Kissinger · May 23, 2025 · Leave a Comment

Remembering Dobie

Dobie Gillis Williams and his Spiritual Advisor, Sister Helen Prejean

Dobie Gillis Williams was born to Zino and Betty J. Williams at General Number One Hospital in Kansas City, Missouri, on December 14, 1960, and departed this life on January 8, 1999, at 6:48 P.M.

—From the memorial booklet for the funeral of Dobie Gillis Williams

Night either comes very early or very late when you’re on death row, depending on how you look at it. At 2:30 in the morning, it can very easily seem like 4:30 in the afternoon.

When I was one of the inmate legal counsel-substitutes assigned to work on Louisiana’s death row, my days usually started very early and ended very late. Our small office was always hectic—for condemned prisoners, every legal snarl or tangle seems critical. We could never find anything reliable to set our watches by, so we just worked from one crisis to the next. It seemed much easier that way, more palatable.

On Friday, January 8, 1999, I watched every single minute tick by. That was the day they killed Dobie. The day started early enough. I was up and out of bed in my dormitory at 3:30 a.m.; I had a promise to keep. I had promised Dobie on Thursday night that I would eat breakfast with him on what would be his last day on Earth. I made a lukewarm cup of instant coffee, staggered sleepily through the morning ritual of teeth-brushing and face-washing, and made my way from the dorm to death row. I walked through thirteen gates and sets of bars, only three of them manned by officers, before I could stand in front of Dobie’s cell and keep my promise.

Death Row Tier

We had shit-on-the-shingle (a.k.a. chipped beef on toast), grits, and ten-ton biscuits for breakfast. Dobie had about three or four bites and spent most of his energy just pushing the food around on his tray with a plastic spoon. At 9:30 the night before, Dobie and I had talked to one of his attorneys, Paula Montoya, on the phone. I guess for strength or reassurance, Dobie kept squeezing my hand through the bars as he talked. He had severe arthritis, and his hands were in a constant cramped position so that holding his hand was like shaking hands with a lobster. The arthritic pain extended to his knees so that he walked like a little roly-poly man.

Paula told me on the phone that it was all over, that there was nothing left to be done and nowhere left to turn. She cursed Don Burkett bitterly. Burkett, the district attorney of rural Sabine Parish, Louisiana, had spent a substantial amount of time and taxpayer money grinding at the gears of the machine that would eventually kill Dobie.

This was my first experience at passing the final hours of a condemned man’s life, and I stumbled through it like a helpless blind man. Do you act cheerful and try to make them laugh about something? Try to find humor and lighten the air? Or do you try to dwell on more serious and grave things, preparing their mind and soul to cross that chasm that neither they nor you can begin to understand? Do you share their fear and let it show, or do you hide it behind some resolute mask of being strong for them?

Not knowing what to do or how to act, I just was there with him. What he chose to do was to hold my hand through the bars while he talked to Paula and together they cursed Burkett. I didn’t know what else to do with this new experience of helping a man die with grace. Paula had been through this many times before, and Dobie had lived with it for fourteen years. It wasn’t new to them, only to me, and I had never felt more like a stranger, wandering through a strange land.


Dobie had had more highs and lows in the prior six months than any man should have to endure. In June 1998 he had come within an hour of execution when, at the last minute, the U.S. Supreme Court had issued a stay order.

Then again in November, he had been down to an hour before fate had stepped in to batter him yet again. It felt like “last meals” were becoming a regular staple of his diet. I remember that night, November 11, 1998, I sat in my small, cluttered office on death row and thought about what was happening. A stream of prison officials kept crossing the lobby. It seemed to me that, despite their business-as-usual appearance, they were all obviously unsettled by the coming events. I had never seen that many high-ranking officials at death row in all the time I had worked there.

I watched as, around 7:30 p.m., two nurses came from the Robert E. Barrow Treatment Center (the infirmary for Louisiana State Penitentiary, the prison better known as Angola). Along with three security officers, the nurses escorted Dobie into the office across the lobby from me. There, they photographed a smiling Dobie holding a number board in front of his chest, placed him on a standing scale and noted his height and weight, and fingerprinted him. They had to make sure they killed the right man. Through it all, Dobie chatted it up with the nurses.

Seeing him so full of life only magnified to me just how close he was to this horrible death, and how much life I still had stretching out before me. I was one of the 85 percent of Angola’s prisoners who would grow old and die there, rotting away in loneliness and isolation.

Dobie, on the other hand, was a young man, though he’d grown frighteningly old inside just waiting to die. At least I had the luxury of being able to wonder each and every morning if this would be the day I “went home”; Dobie knew every day for fourteen years that he would be killed, that one day he would “go home.” I doubt that he ever even thought about getting a pardon or even asking for one. Pardons and clemency just weren’t in the cards for him—or anybody else in Angola, it seemed. Governor Mike Foster, a firm and conservative Republican, had not granted an act of clemency to a single prisoner since he took office.

On that night, it had seemed so important to me that I hold on to some hope that Foster would soon commute someone’s sentence, that he would send a signal of hope to me and all the rest of Angola’s lifers. Instead, Dobie’s scheduled November 1998 execution led to the most surprising gubernatorial intervention in recent Louisiana political history: less than an hour before Dobie was to be strapped to the gurney, Governor Foster unexpectedly halted the execution at the request of, surprisingly, Burkett.

The delay was only a temporary reprieve, meant to allow the defense time and opportunity to conduct DNA testing on a curtain taken from the bathroom of the house where Sonja Merritt Knippers had been brutally slain in 1984. DNA testing was not widely practiced at the time of Dobie’s trial, and the blood-stained curtain had never been subjected to DNA analysis. The fifteen-day reprieve granted by Foster meant at least another forty-five days for Dobie, since Louisiana law requires a minimum of thirty days following the last and most recent execution date before a new date could be set.

As far as Louisiana politics go, this was seen by those of us on the inside as a strategic ploy. Postponing Dobie’s date with the executioner presented the perfect win-win, no-lose situation, an opportunity for Foster and Burkett to score points politically. They were being merciful when the courts had not been; they were providing a chance for justice and the system to work. If science proved Dobie’s innocence, then the governor would come across as a savior, a deliverer, a hero. If the same science proved his guilt, then they had been merciful, compassionate, fair and just, and the system could kill Dobie with a firm hand and a clean conscience.

Dobie came back from the Death House that night, only hours after the governor’s announcement, and returned to his cell on the row. He was quiet, subdued, somber. He watched the news every time it came on the TV but hid his thoughts as he listened to the newscasters speak—the talking heads who themselves seemed surprised at the reprieve.

For several days there was intense speculation about two things: whether the DNA results would positively establish Dobie as the killer, and what the new execution date would be. It was rumored that a pool had been established, that there were wagers on the DNA test results, that both guards and inmates were betting.

Within a week there was a published report in which Burkett announced that analysis of Knipper’s bathroom curtain had positively established that the blood belonged to Dobie. His lawyers were ominously silent. Soon thereafter, Burkett filed a motion with the Eleventh Judicial District Court to set a new execution date: January 8, 1999. Dobie would see one more Christmas, one more celebration of the life of another man who, though a great bit holier, had also been executed.

Thanksgiving came and went, unimportant and unnoticed. It seemed like such an insignificant affair. I found myself spending more time with Dobie, and he was quicker to stop me for conversation in the mornings when I made daily rounds on the tiers. He would never ask for anything, and it only cost a few moments of my time. Looking back, I guess he was trying to hang on, and I was afraid to let go. I know now that friendship can be like that.

In the coming weeks, Sister Helen Prejean, Dobie’s spiritual adviser, visited him and helped him deal with his fear. Dobie had a “Fear Not” hat that he wore constantly for the last three weeks of his life. It symbolized his fight to control the greatest enemy he had. In Isaiah 41:10, he was exhorted:

“Fear thou not, for I am with thee. Be not dismayed, for I am thy God. I will strengthen thee, yea, I will help thee, yea, I will uphold thee with the right hand of my righteousness.”


Fear, it seems, is the constant companion of death row inmates. I suppose it stayed with Dobie until the end, after his call with Paula had ended and I’d left him to fight it alone through the rest of his last night on Earth. But he was calm when I next saw him, early the following the morning.

Having kept my promise to have breakfast with Dobie, I watched six security officers restrain and chain him, then walk him to the elevator for his short ride to Camp F and the Death House. This time I knew it was the last time I would ever see him alive, and I marveled at how his painful shuffle seemed to be carried off with such grace. They cleared the halls of all traffic as they proceeded. He smiled at me through my office window as he passed and tried to wave his shackled hand.

After, Warden Burl Cain, accompanied by his most loyal of underlings, made an entrance.

Some months before, I had been involved in a dispute between one of the guys who worked for me and the A Building security officer. She did not like this inmate and harassed him at every opportunity. The inmate counsel’s office was entitled to a coffee distribution every month, and the day in question he just happened to be bringing the supplies to our office. She saw her opportunity and grabbed him and began questioning him: what he was carrying, had he stolen it, where did it come from, and on and on. She tore open the obviously unbroken plastic bag sheltering the Styrofoam cups and separated them, looking into each one. Finally, disappointed that she had found nothing to charge him with, she handed everything back. Disgusted, he grabbed all the cups and threw them in a nearby trash can.

This enraged the officer. She screamed at him, wanting to know why he had thrown all the cups away if they were so important. He simply told her, “I’m not going to give those cups to anybody to drink out of since you’ve had your hands on every one of them.” She wrote him up for “Disrespect” and “Defiance” and proceeded to call for an escort to carry him to administrative segregation.

It was at this moment that I entered and saw what was going on. I hurriedly attempted to intervene with the officer and explained very calmly that he was merely delivering supplies to my office and meant no disrespect by disposing of the cups. The situation deescalated somewhat, and she canceled the trip to segregation. The next day, I had a talk with Warden Cain and explained what had happened. Warden Cain handled it as Solomon-like as possible; he simply instructed one of his deputy wardens to buy my office a coffeepot and coffee and cups and all the trimmings. Problem solved!

On the day of Dobie’s execution, Warden Cain came into my office and sat down while his underlings made their rounds on the tiers. I offered him a cup of coffee. He accepted, and I poured. He started in by telling me about his experiences of the night before, when a young man had come to his house and joined him and his wife for dinner. The man was a new employee of the parish coroner’s office and would be called upon in several hours to pronounce Dobie dead. Warden Cain said the young man had told him that he was unsure of the process and how he would perform his duties.

Cain’s response had been clear and concise. He said he thought he could best put the man at ease by explaining exactly what would happen. He’d told the young man: “Four big, strong, healthy officers will enter Dobie’s cell and place wrist and leg restraints on him, then escort him the hundred feet from his holding cell to the execution chamber. If Dobie isn’t willing to go peacefully, they’ll each grab an arm or leg and carry him into the chamber, place him on the gurney, strap him to the table, and we’ll kill him. It’ll be over with pretty quickly, and then we’ll call you in and let you pronounce him.”

I was horrified on the inside, but Cain was so calm and relaxed on the outside. After a bit of small talk, he excused himself and joined the others outside for a trip to Dobie’s cell. I found out later that he had gone to deliver a new “Stone Cold” Steve Austin T-shirt to him. Austin was Dobie’s favorite wrestler, and he had asked one of the wardens if he could have one. Pretty obviously, this was a going-away gift—even if a rather awkward one.

I left the office early and spent the day doing everything I could to ignore what I knew was happening on the other side of the vast, 18,000-acre expanse of the Louisiana State Penitentiary grounds. I went to the A Building at 5:00 that evening to attend a Latin American Cultural Brotherhood meeting. My closest friend, Ron, and I sat there quietly at a table in the corner. I had one eye on the meeting’s activity and the other on my watch. To this day, I can’t recall what the meeting was about.

Shortly after dusk at 7:00, through the A Building windows, I saw an ambulance drive up to the back doors of the treatment center. I watched the EMTs unload the gurney from the back of the ambulance. I sat there in the A Building’s gloomy shadows and let the tears stream down my face while the meeting went on and others got on with their lives. Though it could have been anything else—perhaps there’d been a minor emergency on the prison farm, or maybe an overdose—I knew in my heart that I was saying goodbye to Dobie. I knew he had finally gone home.


Late that night, back in the dorm, Ron and I lay in bed talking across the aisle to each other. He knew I had to talk about it, had to get it out and look at it, and he let me. My voice started cracking and the tears came again, this time flowing like they would never quit, my lungs sucking in gasps of air and choking them back. I cried for my friend, for his fear, for the great pains they had put him through, for God not saving him, for us not doing enough to stop it.

Two days later, I got a copy of Sister Helen’s email. She always posts a message following an execution, and I think it serves as a catharsis for her as much as it does an eye-opener for the reader. This one was especially poignant.

She talked about the great grace and dignity with which Dobie had left this world. About how he had laughed while he ate his last meal of ice cream and chocolate bars and washed it down with cold soda. About how the Minnesota law firm that had struggled for eleven years to save his life finally told him, in the end, that it had been an honor to work on his behalf.

She talked about how she had been anxious when it came time for him to speak his last words—anxious because she hadn’t talked to him about this. Knowing how crucial this was for him, for the victims of this horrible crime, for the people who were resolutely killing him. Knowing that this would be what he left behind. About how she shouldn’t have worried, because he had spoken after only the briefest hesitation.

He had faced the gallery of witnesses from the execution chamber, thought a moment, then said, quietly: “I just want to say I don’t have any hard feelings toward anyone. God bless everyone. God bless.” He was already turning toward the gurney as he said it, toward his fate. He climbed up onto the gurney on his own; he didn’t want, need, or accept the help of his executioners.

The fear he had lived with for so long, that he had fought with his “Fear Not” cap, that he had learned to control with Sister Helen’s guidance and counsel, had evaporated. The fear had been replaced with the great and overpowering strength and grace of God’s love and the simple gesture of forgiveness that he extended even to those who killed him.

Sister Helen talked about all those things, and about how Dobie fit so perfectly into the death row mold. The pattern is so common here. Dobie was a thirty-eight-year-old Black man. He was poor, from a small, rural area of a Deep South state where representation by an ill-qualified and questionable, if not actively crooked, defense counsel—Dobie’s lawyer was later disbarred due to repeated misconduct—is often the best such a capital defendant might hope for.

He was held accountable for the tragic death of a white woman in a small, country-backwoods Louisiana town. His guilt was decided by an all-white jury. Everyone in the courtroom was white. He had a warm body for a lawyer standing beside him throughout the trial. The prosecution held the winning hand all the way through. The State of Louisiana, after fourteen years of unrelenting effort and untold expense, finally killed Dobie Gillis Williams, just three weeks after his thirty-eighth birthday.


On Thursday, January 14, 1999, Dobie was buried at King’s Chapel Cemetery in Many, Louisiana. The ceremony, billed as a “homegoing service,” was standing-room only. The little country church had doubtless never seen the likes of such a day. There was perhaps more love in that little church on that one day than in all the rest of the world put together.

Unraveling (IN)Justice – Part III

William Kissinger · May 9, 2025 · Leave a Comment

Willing Ears – Eager Lips…..And A Widening Divide

Jimmie Duncan with his girlfriend, Zoe, on a Visit at Angola’s Death Row

This is Part 3 of my series of articles on the 32-year journey of Jimmie Christian Duncan to prove his innocence from the confines of a Death Row cell in Louisiana’s Angola State Penitentiary. What got him there is a sordid tale – one of dirty Louisiana (in)justice, two now-discredited doctors, a jailhouse informant (read as “snitch”), and an attorney who decidedly did not provide effective assistance of counsel at trial. Oh, yeah…and throw in there a little bit of good ole’ Louisiana backwoods politics and a courtroom full of people who just would not listen….


I’ve talked about Jimmie a lot lately, and told you of how I know him well. I even told you that I used to sell him tacos, burritos, and cheeseburgers from the inmate club I was the founding president of, the Camp F VETS. I used to stop and talk to him if he was awake in the mornings when I picked up deli orders, or in the evenings when I delivered food, or on Tuesdays when I delivered fruit for indigent prisoners.

Jimmie was one of the guys I enjoyed stopping and chatting with a bit. He was one I just knew was in there bad, knew he was truly innocent of the horrible crime he was charged with – murder and sexual abuse of an infant. But the leap to that charge was fraught with corruption and lies from 2 doctors with extremely shaky backgrounds and a well-documented history of wrongful convictions – basically “hired guns” up for purchase by willing ears – and between cops and judges, there were plenty of those.

Jimmie was initially arrested and charged with negligent homicide. Under police interrogation, Duncan was inconsolable. Sobbing, he told the police, “I jerked her out of the bathtub and tried to get her to breathe, and I couldn’t. I tried to blow her air. I tried pushing on her little tummy.” When the officers concluded their interview with Duncan and asked if he wanted to add anything to his statement, he cried out, “I just want to bring the baby back.”

The West Monroe Police Department charged Duncan with negligent homicide, alleging that his carelessness and inattention led to the toddler’s death. After doctors examined Haley’s rectum and suspected possible abuse, they sent her body to Jackson, Mississippi, to be examined by Dr. Steven Hayne, a pathologist, and his colleague Dr. Michael West, a dentist. Their findings changed everything.

West identified tooth marks on Haley’s body, and Hayne stated that he found overwhelming evidence that she was the victim of a violent sexual assault. Based on those determinations, prosecutors concluded that Duncan had bitten Haley repeatedly, anally raped her, and forcibly drowned her to cover up his crimes. Prosecutors upgraded the charges to first-degree murder.

Louisiana had its own medical examiners at the time who were closer to the scene of the crime. Nonetheless, Haley Oliveaux’s body was taken from Glenwood Regional Medical Center in West Monroe, Louisiana, 120 miles east to Jackson, Mississippi, so it could be autopsied by Hayne. At the time, Hayne, who has never been certified in forensic pathology, was performing the majority of autopsies in Mississippi, some 1,200-1,500 per year. That’s an output other forensic pathologists describe as impossible (he was also holding down two hospital jobs and testifying regularly in court).

Duncan maintained his innocence from the beginning, but in 1998 a Ouachita Parish jury convicted him of capital murder and sentenced him to death. He was sent to death row at the Louisiana State Penitentiary, where he has remained ever since, spending three decades awaiting execution and fighting to prove his innocence.

So…in spite of the local medical examiners who were highly qualified to conduct legitimate autopsies wherein violence was suspected, why was Haley sent to Mississippi for an autopsy?

Among those who traveled the 120 miles to observe Hayne’s work were the West Monroe police chief, a police detective and captain, and two assistant district attorneys. Although it isn’t particularly uncommon for prosecutors or police to witness an autopsy, it is unusual for them to farm them out and travel two hours and cross state lines to do so.

“Every prosecutor in Mississippi knows that if you don’t like the results you got from an autopsy, you can always take the body to Dr. Hayne.”
Leroy Riddick, Alabama medical examiner.

Simple answer? Because Hayne was a hired gun, and he and his partner, Dr. West, were for sale. And that was precisely what the Ouachita Parish cops needed, a willing accomplice. They got two. And as talk swirled in West Monroe – as things tend to do when something horrible happens in small, rural Southern towns – a light bulb flickered above somebody’s head, and began to blink on and off until it glowed brightly. That person was Michael Cruse.

The other major piece of evidence against Duncan was testimony from a jailhouse informant who claimed that Duncan confessed to his crime while behind bars. Michael Cruse testified that he shared a jail cell with Duncan for one day in late December 1993. (Cruse also claimed another inmate in the same cell confessed a felony to him, according to the letter he wrote to prosecutors.)

Duncan’s current attorneys have since obtained an affidavit from Michael Lucas, another inmate in the cell that day, who says that not only did Duncan not confess, he repeatedly asserted his innocence, despite Cruse’s constant attempts to elicit a confession.

Since then, two other inmates have reported being asked by Ouachita Parish law enforcement officials to lie about hearing Duncan confess. One of them, Charles Parker, who had worked as an informant for the FBI, wrote a letter of complaint to the district attorney’s office about the incident. In a later interview with Duncan’s post-conviction attorneys, he described how an investigator named Jay Via approached him and fed him information about Duncan’s case.

“He gave me details of the crime, saying that the child was less than two years [old] and that she had been anally raped,” Parker said “He told me that when I came forward I was to say that Jimmie had confessed to biting the child while he was raping her.”

Parker said that in exchange for his testimony, Via promised “he would talk to the DA and would get my sentence reduced.” Parker said he refused, because he thought Duncan was being railroaded. Via then allegedly threatened him with repercussions.

The prosecution not only never followed up on Parker’s initial letter, they never turned it over to Duncan’s trial attorneys—yet another violation of their legal requirement to share exculpatory evidence. The letter wasn’t discovered until Duncan’s post-conviction attorneys found it in the district attorney’s case file.

Police notes taken during an interview with the informant Cruse say that he asked for “ammunity [sic] from prosecution.” Cruse’s own letter offering to testify also mentioned his desire for leniency with respect to a burglary charge he was facing. Neither of those documents were turned over to Duncan’s trial attorneys either. By the time of Duncan’s trial, Cruse was facing a new charge of theft. That charge was dropped a month after he testified.

Inspector Via has a history of eliciting false confessions. In 1983 a man named Barry Beach was arrested in Ouachita Parish for contributing to the delinquency of a minor. After three days of intense questioning, he confessed to Via that he had killed three women in Louisiana and one in Montana. Beach’s lawyers were later able to prove Beach couldn’t have committed the three murders in Louisiana, because he wasn’t even in the state at the time. Beach still stands convicted of the fourth murder, which took place in Montana, though there are mounting questions about that one too.

Incredibly, Via then managed to elicit two more false confessions to one of those same murders. Months after the Beach confession, Via got convicted felons Henry Lee Lucas and Ottis Toole to confess to one of the murders Beach didn’t commit. Just last year, a fourth man named Anthony Wilson was arrested for that murder after DNA tests linked him to the crime scene.

The state’s most telling witness was Michael Cruse, an inmate who on December 28, 1993, briefly shared a cell with defendant.   That day, Cruse testified that he woke to find defendant “ranting and raving about [his] charge.”   Cruse told defendant “[I]f you are innocent then justice will prevail but if you are guilty then you need to talk to God․” Defendant then began sobbing and made rambling  statements to Cruse, telling him that “the baby was pointing at his penis and that he said something about a bottle or bobble.”

Further, defendant said “[t]hat it must of been the devil in him cause the next thing he knew he blacked out again and when he came to he was trying to have sex with the baby.”   Still further, defendant said that the baby was hysterical and that “all I wanted was the baby to stop.”

Now, do you remember the whispered conversations when you were in school and somebody “tattled?” Finger pointing…cat-calling, name-calling, ostracizing? The tattler was no longer one of the “cool kids,” not with the “in crowd,” not invited to eat lunch with you? Remember that? Well, that’s pretty much how it is in adult life as well. NOBODY likes a snitch. Especially a rewarded snitch. There’s a saying on the streets and in the penitentiary: “Snitches get stitches.”

Well, well, well… look who crawled out from the bottom of the prosecutor’s filing cabinet. Turns out the star witness wasn’t missing—just strategically misfiled under ‘C’ for ‘Can’t Believe This Guy.’ Who knew justice came with footnotes… and secret snitches? Louisiana did, that’s who.

In State v. Jimmie Christian Duncan, Duncan’s incredible team only discovered – long after trial – a confidential informant, Michael Cruse, whose true motivation was buried so deep in their files that archaeologists were nearly called in. Filed somewhere between a gumbo recipe and a ‘Misc: Definitely Not Brady’ folder, this witness—who has given a full recantation 32 years after trial—was, defense counsel noted, quietly doing laps in the prosecutor’s memory since the mid-’90s.

Not only did Cruse recant his statements, but Charles Parker (who was, as noted earlier) a trusted confidential informant for the FBI, had written a letter of complaint to the District Attorney about what Cruse was doing. This letter was also kept from trial attorneys.

So, perhaps the most damaging elements in Duncan’s trial were the snitch, Michael Cruse, and the crooked cop, Jay Via, and the willing ears of a hungry prosecutor’s compelling urge for a headline-grabbing conviction.


Next, in Part IV, we’ll take a look at how this all tied together, and how (IN)Justice works in Louisiana. Thank you for staying with me on this journey through the underbelly of the South. See ya’ soon!

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My Life After Prison

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