Chapter 10
PHILLIP NAIFEH was sixty-three years old, and nineteen months away from retirement. Nineteen months and four days. He had served as superintendent of the State Department of Corrections for twentyseven years, and in doing so had survived six governors, an army of state legislators, a thousand prisoners' lawsuits, countless intrusions by the federal courts, and more executions than he cared to remember.
The warden, as he preferred to be called (although the title was officially nonexistent under the terminology of the Mississippi Code), was a full-blooded Lebanese whose parents had immigrated in the twenties and settled in the Delta. They had prospered with a small grocery store in Clarksdale where his mother had become somewhat famous for her homemade Lebanese desserts. He was educated in the public schools, went off to college, returned to the state, and, for reasons long forgotten, had become involved in criminal justice.
He hated the death penalty. He understood society's yearning for it, and long ago he had memorized all the sterile reasons for its necessity. It was a deterrent. It removed killers. It was the ultimate punishment. It was biblical. It satisfied the public's need for retribution. It relieved the anguish of the victim's family. If pressed, he could make these arguments as persuasively as any prosecutor. He actually believed one or two of them.
But the burden of the actual killing was his, and he despised this horrible aspect of his job. It was Phillip Naifeh who walked with the condemned man from his cell to the Isolation Room, as it was called, to suffer the last hour before death. It was Phillip Naifeh who led him next door to the Chamber Room, and supervised the strapping of the legs, arms, and head. "Any last words?" he had uttered twenty-two times in twenty-seven years. It was left to him to tell the guards to lock the chamber door, and it was left to him to nod to the executioner to pull the levers to mix the deadly gas. He had actually watched the faces of the first two as they died, then decided it was best to watch the faces of the witnesses in the small room behind the chamber. He had to select the witnesses. He had to do a hundred things listed in a manual of how to legally kill death row inmates, including the pronouncing of death, the removal of the body from the chamber, the spraying of it to remove the gas from the clothing, and on and on.
He had once testified before a legislative committee in Jackson, and given his opinions about the death penalty. He had a better idea, he had explained to deaf ears, and his plan would keep condemned killers in the Maximum Security Unit in solitary confinement where they couldn't kill, couldn't escape, and would never be eligible for parole. They would eventually die on death row, but not at the hands of the state.
This testimony made headlines and almost got him fired.
Nineteen months and four days, he thought to himself, as he gently ran his fingers through his thick gray hair and slowly read the latest opinion from the Fifth Circuit. Lucas Mann sat across the desk and waited.
"Four weeks," Naifeh said, putting the opinion aside. "How many appeals are left?" he asked in a gentle drawl.
"The usual assortment of last ditch efforts," Mann replied.
"When did this come down?"
"Early this morning. Sam will appeal it to the Supreme Court, where it will probably be ignored. This should take a week or so. "
"What's your opinion, counselor?"
"The meritorious issues have all been presented at this point. I'd give it a fifty percent chance of happening in four weeks. "
"That's a lot. "
"Something tells me this one might go off. "
In the interminable workings of death penalty roulette, a 50 percent chance was close to a certainty. The process would have to be started. The manual would have to be consulted. After years of endless appeals and delays, the last four weeks would be over in the blink of an eye.
"Have you talked to Sam?" the warden asked.
"Briefly. I took him a copy of the opinion this morning. "
"Garner Goodman called me yesterday, said they were sending down one of their young associates to talk to Sam. Did you take care of it?"
"I talked to Garner, and I talked to the associate. His name is Adam Hall, and he's meeting with Sam as we speak. Should be interesting. Sam's his grandfather. "
"His what!"
"You heard me. Sam Cayhall is Adam Hall's paternal grandfather. We were doing a routine background on Adam Hall yesterday, and noticed a few gray spots. I called the FBI in Jackson, and within two hours they had plenty of circumstantial evidence. I confronted him this morning, and he confessed. I don't think he's trying to hide it. "
"But he has a different name. "
"It's a long story. They haven't seen each other since Adam was a toddler. His father fled the state after Sam was arrested for the bombing. Moved out West, changed names, drifted around, in and out of work, sounds like a real loser. Killed himself in 1981. Anyway, Adam here goes to college and makes perfect grades. Goes to law school at Michigan, a Top Ten school, and is the editor of the law review. Takes a job with our pals at Kravitz & Bane, and he shows up this morning for the reunion with his grandfather. "
Naifeh now raked both hands through his hair and shook his head. "How wonderful. As if we needed more publicity, more idiotic reporters asking more asinine questions. "
"They're meeting now. I am assuming Sam will agree to allow the kid to represent him.
I certainly hope so. We've never executed an inmate without a lawyer. "
"We should do some lawyers without the inmates," Naifeh said with a forced smile. His hatred for lawyers was legendary, and Lucas didn't mind. He understood. He had once estimated that Phillip Naifeh had been named as a defendant in more lawsuits than anyone else in the history of the state. He had earned the right to hate lawyers.
"I retire in nineteen months," he said, as if Lucas had never heard this. "Who's next after Sam?"
Lucas thought a minute and tried to catalog the voluminous appeals of forty-seven inmates. "No one, really. The Pizza Man came close four months ago, but he got his stay. It'll probably expire in a year or so, but there are other problems with his case. I can't see another execution for a couple of years. "
"The Pizza Man? Forgive me. "
"Malcolm Friar. Killed three pizza delivery boys in a week. At trial he claimed robbery was not the motive, said he was just hungry. "
Naifeh raised both hands and nodded. "Okay, okay, I remember. He's the nearest after Sam?"
"Probably. It's hard to say. "
"I know. " Naifeh gently pushed away from his desk and walked to a window. His shoes were somewhere under the desk. He thrust his hands in his pockets, pressed his toes into the carpet, and thought deeply for a while. He had been hospitalized after the last execution, a mild heart flutter as his doctor preferred to call it.
He'd spent a week in a hospital bed watching his little flutter on a monitor, and promised his wife he would never suffer through another execution. If he could somehow survive Sam, then he could retire at full pension.
He turned and stared at his friend Lucas Mann. "I'm not doing this one, Lucas. I'm passing the buck to another man, one of my subordinates, a younger man, a good man, a, man who can be trusted, a man who's never seen one of these shows, a man who's just itching to get blood on his hands. "
"Not Nugent. "
"That's the man. Retired Colonel George Nugent, my trusted assistant. "
"He's a nut. "
"Yes, but he's our nut, Lucas. He's a fanatic for details, discipline, organization, hell, he's the perfect choice. I'll give him the manual, tell him what I want, and he'll do a marvelous job of killing Sam Cayhall. He'll be perfect. "
George Nugent was an assistant superintendent at Parchman. He had made a name for himself by implementing a most successful boot camp for first offenders. It was a brutal, six-week ordeal in which Nugent strutted and swaggered around in black boots, cursing like a drill instructor and threatening gang rape for the slightest infraction. The first offenders rarely ca
me back to Parchman.
"Nugent's crazy, Phillip. It's a matter of time before he hurts someone. "
"Right! Now you understand. We're going to let him hurt Sam, just the way it should be done.
By the book. Heaven knows how much Nugent loves a book to go by. He's the perfect choice, Lucas. It'll be a flawless execution. "
It really mattered little to Lucas Mann. He shrugged, and said, "You're the boss. "
"Thanks," Naifeh said. "Just watch Nugent, okay. I'll watch him on this end, and you watch the legal stuff. We'll get through it. "
"This will be the biggest one yet," Lucas said.
"I know. I'll have to pace myself. I'm an old man. "
Lucas gathered his file from the desk and headed for the door. "I'll call you after the kid leaves. He's supposed to check in with me before he goes. "
"I'd like to meet him," Naifeh said.
"He's a nice kid. "
"Some family, huh. "
The nice kid and his condemned grandfather had spent fifteen minutes in silence, the only sound in the room the uneasy rattling of the overworked AC unit. At one point, Adam had walked to the wall and waved his hand before the dusty vents. There was a trace of cool air. He leaned on the counter with his arms folded and stared at the door, as far away from Sam as possible. He was leaning and staring when the door opened and the head of Sergeant Packer appeared. Just checking to see if things were okay, he said, glancing first at Adam then down the room and through the screen at Sam, who was leaning forward in his chair with a hand over his face.
"We're fine," Adam said without conviction.
"Good, good," Packer said and hurriedly closed the door. It locked, and Adam slowly made his way back to his chair. He pulled it close to the screen and rested on his elbows. Sam ignored him for a minute or two, then wiped his eyes with a sleeve and sat up. They looked at each other.
"We need to talk," Adam said quietly.
Sam nodded but said nothing. He wiped his eyes again, this time with the other sleeve. He removed a cigarette and put it between his lips. His hand shook as he flicked the lighter. He puffed quickly.
"So you're really Alan," he said in a low, husky voice.
"At one time, I guess. I didn't know it until my father died. "
"You were born in 1964. "
"Correct. "
"My first grandson. "
Adam nodded and glanced away.
"You disappeared in 1967. "
"Something like that. I don't remember it, you know. My earliest memories are from California. "
"I heard Eddie went to California, and that there was another child. Someone told me later her name was Carmen. I would hear bits and pieces over the years, knew y'all were somewhere in Southern California, but he did a good job of disappearing. "
"We moved around a lot when I was a kid. I think he had trouble keeping a job. "
"You didn't know about me?"
"No. The family was never mentioned. I found out about it after his funeral. "
"Who told you?"
"Lee. "
Sam closed his eyes tightly for a moment, then puffed again. "How is she?"
"Okay, I guess. "
"Why'd you go to work for Kravitz & Bane?" "It's a good firm. "
"Did you know they represented me?"
"Yes. "
"So you've been planning this?"
"For about five years. "
"But why?"
"I don't know. "
"You must have a reason. "
"The reason is obvious. You're my grandfather, okay. Like it or not, you're who you are and I'm who I am. And I'm here now, so what are we going to do about it?"
"I think you should leave. "
"I'm not leaving, Sam. I've been preparing for this a long time. "
"Preparing for what?"
"You need legal representation. You need help. That's why I'm here. "
"I'm beyond help. They're determined to gas me, okay, for lots of reasons. You don't need to get involved in it. "
"Why not?"
"Well, for one, it's hopeless. You're gonna get hurt if you bust your ass and you're unsuccessful. Second, your true identity will be revealed. It'll be very embarrassing. Life for you will be much better if you remain Adam Hall. "
"I am Adam Hall, and I don't plan to change it. I'm also your grandson, and we can't change that, can we? So what's the big deal?"
"It'll be embarrassing for your family. Eddie did a great job of protecting you. Don't blow it.
"My cover's already blown. My firm knows it. I told Lucas Mann, and - "
"That jerk'll tell everybody. Don't trust him for a minute. "
"Look, Sam, you don't understand. I don't care if he tells. I don't care if the world knows that I'm your grandson. I'm tired of these dirty little family secrets. I'm a big boy now, I can think for myself. Plus, I'm a lawyer, and my skin is getting thick. I can handle it. "
Sam relaxed a bit in his chair and looked at the floor with a pleasant little smirk, the kind grown men often give to little boys who are acting bigger than their years. He grunted at something and very slowly nodded his head. "You just don't understand, kid," he said again, now in the measured, patient tone.
"So explain it to me," Adam said.
"It would take forever. "
"We have four weeks. You can do a lot of talking in four weeks. "
"Just exactly what is it that you want to hear?"
Adam leaned even closer on his elbows, pen and pad ready. His eyes were inches from the slit in the screen. "First, I want to talk about the case - appeals, strategies, the trials, the bombing, who was with you that night - "
"No one was with me that night. "
"We can talk about it later. "
"We're talking about it now. I was alone, do you hear me?"
"Okay. Second, I want to know about my family. "
"Why?"
"Why not? Why keep it buried? I want to know about your father and his father, and your brothers and cousins. I may dislike these people when it's all over, but I have the right to know about them. I've been deprived of this information all of my life, and I want to know. "
"It's nothing remarkable. "
"Oh really. Well, Sam, I think it's pretty remarkable that you've made it here to death row. This is a pretty exclusive society. Throw in the fact that you're white, middle class, almost seventy years old, and it becomes even more remarkable. I want to know how and why you got here. What made you do those things? How many Klansmen were in my family? And why? How many other people were killed along the way?"
"And you think I'll just spill my guts with all this?"
"Yeah, I think so. You'll come around. I'm your grandson, Sam, the only living, breathing relative who gives a damn about you anymore. You'll talk, Sam. You'll talk to me. "
"Well, since I'll be so talkative what else will we discuss?"
"Eddie. "
Sam took a deep breath and closed his eyes. "You don't want much, do you?" he said softly. Adam scribbled something meaningless on his pad.
It was now time for the ritual of another cigarette, and Sam performed it with even more patience and care. Another blast of blue smoke joined the fog well above their heads. His hands were steady again. "When we get finished with Eddie, who do you want to talk about?"
"I don't know. That should keep us busy for four weeks. "
"When do we talk about you?"
"Anytime. " Adam reached into his briefcase and removed a thin file. He slid a sheet of paper and a pen through the opening. "This is an agreement for legal representation. Sign at the bottom. "
Without touching it, Sam read it from a distance. "So I sign up again with Kravitz & Bane. "
"Sort of. "
"What do you mean, sort of? Says right here I agree to let those Jews represent me again. It took me forever to fire them, and, hell, I wasn't even paying them. "
"The agreement is with me, Sam, okay. You'll never see those guys unless you want to. "
"I don't want to. "
"Fine. I happen to work for the firm, and so the agreement must be with the firm. It's easy. "
"Ah, the optimism of youth. Everything's easy. Here I sit less than a hundred feet from the gas chamber, clock ticking away on the wall over there, getting louder and louder, and everything's easy. "
"Just sign the damned paper, Sam. "
"And then what?"
"And then we go to work. Legally, I can't do anything for you until we have that agreement. You sign it, we go to work. "
"And what's the first bit of work you'd like to do?"
"Walk through the Kramer bombing, very slowly, step by step. "
"It's been done a thousand times. "
"We'll do it again. I have a thick notebook full of questions. "
"They've all been asked. "
"Yeah, Sam, but they haven't been answered, have they?"
Sam stuck the filter between his lips.
"And they haven't been asked by me, have they?"
"You think I'm lying. "
"Are you?"
"No. "
"But you haven't told the whole story, have you?"
"What difference does it make, counselor? You've read Bateman. "
"Yeah, I've memorized Bateman, and there are a number of soft spots in it. "
"Typical lawyer. "
"If there's new evidence, then there are ways to present it. All we're doing, Sam, is trying to create enough confusion to make some judge somewhere give it a second thought. Then a third thought. Then he grants a stay so he can learn more. "
"I know how the game is played, son. "
"Adam, okay, it's Adam. "
"Yeah, and just call me Gramps. I suppose you plan to appeal to the governor. "
"Yes. "
Sam inched forward in his chair and moved close to the screen. With the index finger of his right hand, he began pointing at a spot somewhere in the center of Adam's nose. His face was suddenly harsh, his eyes narrow. "You listen to me, Adam," he growled, finger pointing back and forth. "If I sign this piece of paper, you are never to talk to that bastard. Never. Do you understand?"
Adam watched the finger but said nothing.
Sam decided to continue. "He is a bogus son of a bitch. He is vile, sleazy, thoroughly corrupt, and completely able to mask it all with a pretty smile and a clean haircut. He is the only reason I'm sitting here on death row. If you contact him in any way, then you're finished as my lawyer. "
"So I'm your lawyer. "
The finger dropped and Sam relaxed a bit. "Oh, I may give you a shot, let you practice on me. You know, Adam, the legal profession is really screwed up. If I was a free man, just trying to make a living, minding my own business, paying my taxes, obeying the laws and such, then I couldn't find a lawyer who'd take the time to spit on me unless I had money. But here I am, a convicted killer, condemned to die, not a penny to my name, and I've got lawyers all over the country begging to represent me. Big, rich lawyers with long names preceded with initials and followed by numerals, famous lawyers with their own jets and television shows. Can you explain this?"
"Of course not. Nor do I care about it. "
"It's a sick profession you've gotten yourself in. "
"Most lawyers are honest and hardworking. "
"Sure. And most of my pals here on death row would be ministers and missionaries if they hadn't been wrongly convicted. "
"The governor might be our last chance. "
"Then they might as well gas me now. That pompous ass'll probably want to witness my execution, then he'll hold a press conference and replay every detail for the world. He's a spineless little worm who's made it this far because of me. And if he can milk me for a few more sound bites, then he'll do it. Stay away from him. "
"We can discuss it later. "
"We're discussing it now, I believe. You'll give me your word before I sign this paper. "
"Any more conditions?"
"Yeah. I want something added here so that if I decide to fire you again, then you and your firm won't fight me. That should be easy. "
"Let me see it. "
The agreement was passed through the slit again, and Adam printed a neat paragraph at the bottom. He handed it back to Sam, who read it slowly and laid it on the counter.
"You didn't sign it," Adam said.
"I'm still thinking. "
"Can I ask some questions while you're thinking?"
"You can ask them. "
"Where did you learn to handle explosives?"
"Here and there. "
"There were at least five bombings before Kramer, all with the same type, all very basic - dynamite, caps, fuses. Kramer, of course, was different because a timing device was used. Who taught you how to make bombs?"
"Have you ever lit a firecracker?"
"Sure. "
"Same principle. A match to the fuse, run like crazy, and boom. "
"The timing device is a bit more complicated. Who taught you how to wire one?"
"My mother. When do you plan to return here?"
"Tomorrow. "
"Good. Here's what we'll do. I need some time to think about this. I don't want to talk right now, and I damned sure don't want to answer a bunch of questions. Let me look over this document, make some changes, and we'll meet again tomorrow. "
"That's wasting time. "
"I've wasted almost ten years here. What's another day?"
"They may not allow me to return if I don't officially represent you. This visit is a favor. "
"A great bunch of guys, aren't they? Tell them you're my lawyer for the next twenty-four hours. They'll let you in. "
"We have a lot of ground to cover, Sam. I'd like to get started. "
"I need to think, okay. When you spend over nine years alone in a cell, you become real good at thinking and analyzing. But you can't do it fast, understand? It takes longer to sort things out and place them in order. I'm sort of spinnin' right now, you know. You've hit me kinda hard. "
"Okay. "
"I'll be better tomorrow. We can talk then. I promise. "
"Sure. " Adam placed the cap on his pen and stuck it in his pocket. He slid the file into the briefcase, and relaxed in his seat. "I'll be staying in Memphis for the next couple of months. "
"Memphis? I thought you lived in Chicago. "
"We have a small office in Memphis. I'll be working out of there. The number's on the card. Feel free to call anytime. "
"What happens when this thing is over?"
"I don't know. I may go back to Chicago. "
"Are you married?"
No. "Is Carmen?" "No. "What's she like?"
Adam folded his hands behind his head and examined the thin fog above them. "She's very smart. Very pretty. Looks a lot like her mother. "
"Evelyn was a beautiful girl. "
"She's still beautiful. "
"I always thought Eddie was lucky to get her. I didn't like her family, though. "
And she certainly didn't like Eddie's, Adam thought to himself. Sam's chin dropped almost to his chest. He rubbed his eyes and pinched the bridge of his nose. "This family business will take some work, won't it?" he said without looking.
"Yep. "
"I may not be able to talk about some things. "
"Yes you will. You owe it to me, Sam. And you owe it to yourself. "
"You don't know what you're talking about, and you wouldn't want to know all of it. "
"Try me. I'm sick of secrets. "
"Why do you want to know so much?"
"So I can try and make some sense of it. "
"That'll be a waste of time. "
"I'll have to decide that, won't I?"
Sam placed his hands on his knees, and slowly stood. He took a deep breath and looked down at Adam
through the screen. "I'd like to go now. "
Their eyes met through the narrow diamonds in the partition. "Sure," Adam said. "Can I bring you anything?"
"No. Just come back. "
"I promise. "