0812994523.pdf

The judge jumped in with, “Well, it does sound like you’re trying to retry the case, Mr.
Stevenson, so I’m going to allow the State to keep the crime investigators in the courtroom.”
It was not a good start. I decided to proceed with an opening statement before calling
Myers as our first witness. I wanted the judge to understand that we weren’t simply defending
Mr. McMillian from a different angle than his original lawyers. I wanted him to know that we
had dramatic new evidence of innocence that exonerated Walter and that justice demanded
his immediate release. We wouldn’t succeed if the judge didn’t know how to hear the
evidence.
“Your Honor, the State’s case against Walter McMillian turned entirely on the testimony of
Ralph Myers, who had several prior felony convictions and another capital murder case
pending against him in Escambia County at the time of Mr. McMillian’s trial. At trial, Mr.
McMillian asserted that he is innocent and that he did not know Mr. Myers at the time of this
crime. He has maintained his innocence throughout these proceedings.”
The judge had been fidgeting and had seemed distracted when I started, so I paused. Even
if he didn’t agree I wanted him to hear what I was saying. I stopped talking until I was sure
that he was paying close attention. Finally he made eye contact with me, so I continued.
“There is no question that Walter McMillian was convicted of capital murder based on the
testimony of Ralph Myers. There was no other evidence to establish Mr. McMillian’s guilt for
capital murder at trial other than Myers’s testimony. The State had no physical evidence
linking Mr. McMillian to this crime, the State had no motive, the State had no witnesses to
the crime, the State had only the testimony of Ralph Myers.
“At trial, Myers testified that he was unknowingly and unwillingly made part of a capital
murder and robbery on November 1 , 1986 , when Walter McMillian saw him at a car wash
and asked him to drive McMillian’s truck because his ‘arm hurt.’ Myers stated that he drove
Mr. McMillian to Jackson Cleaners, subsequently went into the cleaners, and saw McMillian
with a gun, placing money in a brown bag. Another man, who was white, was also present in
the cleaners. Myers testified this man had black-gray hair and allegedly talked to McMillian.
Myers asserted that he was shoved and threatened by Mr. McMillian when he went into the
cleaners. The mysterious third person, who is circumstantially presumed to be in charge,
allegedly instructed McMillian to ‘get rid of Myers,’ which Mr. McMillian said he couldn’t do
because he was out of bullets. The white man in charge has never been identified or arrested
by the state. The State has not been looking for a third person, a ringleader for this crime,
because I think they recognize that this person doesn’t exist.”
I paused again to let the meaning of this sink in. “Based on the testimony of Ralph Myers,
Walter McMillian was convicted of capital murder and sentenced to death. As you’re about to
hear, the testimony of Ralph Myers was completely false. Again, Your Honor, the testimony of
Ralph Myers at trial was completely false.”
I took a moment before turning to the bailiff to call Myers to the stand. The courtroom was
silent until the deputy opened the door to the holding area and Ralph Myers walked into the
courtroom. There was an audible reaction to his presence. Ralph had aged visibly since the
last time many of the people in the courtroom had seen him; I could hear murmurs about
how his hair had grayed. Dressed in his prison whites, Myers once again appeared small and
sad to me as he climbed up onto the witness stand. He looked around the courtroom
nervously before raising his hand and swearing an oath to tell the truth. I waited until the