1
00:00:16,280 --> 00:00:17,880
[man] I don't know what's worse.
2
00:00:17,960 --> 00:00:21,000
Being executed or spending
the rest of your life in prison.
3
00:00:27,800 --> 00:00:29,840
I'm just sitting in limbo right now.
4
00:00:31,040 --> 00:00:32,720
There is no hope once you're in here.
5
00:00:34,400 --> 00:00:36,240
When you're guilty, accept it.
6
00:01:03,520 --> 00:01:05,720
[man] If you ever thought
about taking somebody's life,
7
00:01:05,800 --> 00:01:07,960
you better think about it long and hard.
8
00:01:08,040 --> 00:01:12,000
'Cause to walk that road right there
is a lot of heartache.
9
00:01:14,280 --> 00:01:15,840
You may think you're tough,
10
00:01:16,840 --> 00:01:17,840
but, uh...
11
00:01:19,800 --> 00:01:23,000
you really ain't nothing
if you're a murderer.
12
00:01:23,600 --> 00:01:24,720
You're nothing.
13
00:01:35,360 --> 00:01:37,280
[man 1]
And I walked up, I fired one shot.
14
00:01:37,360 --> 00:01:39,160
And as I got closer,
I fired one more shot.
15
00:01:40,960 --> 00:01:44,040
[man 2] She was shot through the cheek
and it stopped in her jaw.
16
00:01:45,240 --> 00:01:49,320
[man 3] I drove him around behind a desk
and I stabbed him approximately 25 times.
17
00:01:54,440 --> 00:01:55,560
[man 4] I couldn't believe it.
18
00:01:55,640 --> 00:01:58,840
I just thought I can't believe
I just killed somebody.
19
00:02:02,240 --> 00:02:05,640
[man 5]
I don't feel bad about it. [laughs]
20
00:02:10,039 --> 00:02:13,719
[man 6] I started stabbing him,
stabbing the guy on the couch.
21
00:02:41,400 --> 00:02:46,240
[man] This is U.S. 69, northbound,
out of Lufkin.
22
00:02:46,320 --> 00:02:48,600
Right up on the north fringe
of Angelina County.
23
00:02:56,200 --> 00:02:58,840
[Cooper] Thirty-two years ago,
24
00:03:00,440 --> 00:03:03,720
almost to the minute,
it's about five minutes after 8:00,
25
00:03:06,640 --> 00:03:10,480
I was headed in this direction
in a big hurry...
26
00:03:14,000 --> 00:03:15,520
to the crime scene up here.
27
00:03:21,160 --> 00:03:23,720
Calls of this nature,
that adrenaline kicks in
28
00:03:23,800 --> 00:03:27,000
and, uh, you don't need
the morning cup of coffee.
29
00:03:29,560 --> 00:03:34,120
You don't ask questions,
you just jump in the car and you respond.
30
00:03:36,760 --> 00:03:38,400
All hands on deck.
31
00:03:45,280 --> 00:03:48,160
Coming into the edge
of the little town of Wells.
32
00:03:50,040 --> 00:03:52,480
It's like so many little towns
in East Texas.
33
00:03:53,000 --> 00:03:55,920
Population well under a thousand
at that time.
34
00:04:01,680 --> 00:04:03,400
Everyone knows everyone.
35
00:04:10,120 --> 00:04:13,320
Weather's almost identical
to that morning.
36
00:04:18,360 --> 00:04:19,920
Fall weather. Hunting season.
37
00:04:49,800 --> 00:04:52,000
[crickets chirping]
38
00:04:53,320 --> 00:04:55,240
[indistinct chatter]
39
00:04:59,960 --> 00:05:04,400
[man] We moved around a lot
when I was young. Texas, Chicago.
40
00:05:07,760 --> 00:05:10,680
Mom, dad, stepdads.
41
00:05:13,520 --> 00:05:15,240
No solid family unit.
42
00:05:16,000 --> 00:05:17,480
A lot of disruption.
43
00:05:21,080 --> 00:05:22,640
I wasn't given much attention,
44
00:05:22,720 --> 00:05:25,840
I was given free reign,
so I became a wild child.
45
00:05:27,080 --> 00:05:28,320
[thuds]
46
00:05:29,960 --> 00:05:32,680
I just had a "I didn't care" attitude.
47
00:05:32,760 --> 00:05:35,320
I felt like nobody cared about me,
so why should I?
48
00:05:35,400 --> 00:05:37,920
So I was just going to do as I please,
49
00:05:38,000 --> 00:05:40,320
and that's basically the way
I lived my life.
50
00:05:47,560 --> 00:05:50,920
My name is David Lewis, 52 years old.
51
00:05:51,000 --> 00:05:54,160
I've been here
over, just a little, 30 years.
52
00:06:00,720 --> 00:06:04,760
I was kicked out of the house at 16
and I was living on the streets
53
00:06:05,000 --> 00:06:08,920
and the only way to provide for myself
was to become a thief
54
00:06:09,800 --> 00:06:13,920
'cause nobody wanted to hire
an uneducated 16-year-old boy
55
00:06:14,480 --> 00:06:16,040
that didn't have any skills.
56
00:06:16,800 --> 00:06:18,040
So I stole.
57
00:06:19,560 --> 00:06:21,240
Just took what I wanted. [chuckles]
58
00:06:23,520 --> 00:06:25,240
[crickets chirping]
59
00:06:26,080 --> 00:06:28,320
[Lewis] I believe I was 21...
60
00:06:28,960 --> 00:06:31,240
20 or 21 when I moved to Lufkin.
61
00:06:33,720 --> 00:06:36,120
It's a small country town.
62
00:06:40,000 --> 00:06:42,200
I used to drink, I was an alcoholic,
63
00:06:43,320 --> 00:06:45,800
and, uh, I smoked weed.
64
00:06:47,840 --> 00:06:52,400
Took acid, pills, mushrooms,
whatever got me off,
65
00:06:52,480 --> 00:06:58,280
but yeah, once I tasted the marijuana,
that was it for me, I was in love.
66
00:06:59,040 --> 00:07:03,320
Helped me escape reality of life
and put me in another world,
67
00:07:03,400 --> 00:07:06,560
in another state of mind,
where I could escape all this.
68
00:07:07,920 --> 00:07:13,000
And then, when I got older,
it turned more into alcohol.
69
00:07:13,720 --> 00:07:18,640
And once I became a drunk,
I just didn't care about nothing.
70
00:07:19,720 --> 00:07:21,520
I was going to do whatever I wanted
71
00:07:22,440 --> 00:07:24,440
and didn't care about the consequences.
72
00:07:28,120 --> 00:07:31,280
Me and my friends would be out
late at night drinking and smoking,
73
00:07:31,360 --> 00:07:33,760
and we'd just decide to go
burglarize something.
74
00:07:34,520 --> 00:07:37,080
You know, what young boys did back then.
[chuckles]
75
00:07:38,320 --> 00:07:42,760
Houses, stores,
whatever we could get into.
76
00:07:46,040 --> 00:07:48,520
Living on the streets, you know,
77
00:07:48,600 --> 00:07:50,720
you've got to do what you can do
to survive.
78
00:07:53,600 --> 00:07:55,120
[crickets chirping]
79
00:08:00,120 --> 00:08:04,920
That day, me and some friends,
we went down to the liquor store,
80
00:08:05,000 --> 00:08:08,400
bought some beer,
and we decided to go fishing...
81
00:08:11,480 --> 00:08:13,720
and while out fishing,
I found some mushrooms,
82
00:08:14,320 --> 00:08:16,440
and I ate the mushrooms, drank the beer,
83
00:08:16,520 --> 00:08:20,800
and by the end of the day,
I was pretty plastered. [clears throat]
84
00:08:20,880 --> 00:08:26,160
So they dropped me off
at my grandpa's in Lufkin. [sniffs]
85
00:08:26,240 --> 00:08:28,280
And, uh, I'm sitting there waiting on him
86
00:08:28,360 --> 00:08:31,000
'cause we were going to go hunting
that night,
87
00:08:31,080 --> 00:08:33,880
and it's taking him a long time
to show up.
88
00:08:39,480 --> 00:08:45,200
And so when it gets dark, I get the gun
and I'mma go hunting by myself.
89
00:08:53,160 --> 00:08:55,600
I was crossing behind Ms. Ruby's house
90
00:08:55,680 --> 00:08:58,200
and I was planning to cut
through the backyard
91
00:08:58,280 --> 00:09:01,040
and go down to a stream behind her house
92
00:09:01,120 --> 00:09:04,360
'cause that usually where the deer
and stuff hang out at night time.
93
00:09:07,080 --> 00:09:09,400
When I'm walking by,
I see the bathroom window's open...
94
00:09:11,880 --> 00:09:13,880
and I don't see no car nowhere.
95
00:09:15,840 --> 00:09:18,000
So, I crawl in
through the bathroom window.
96
00:09:21,600 --> 00:09:22,600
[thuds]
97
00:09:31,000 --> 00:09:33,280
I stand at the door
that goes into the hallway,
98
00:09:33,360 --> 00:09:35,240
the hallway goes two ways.
99
00:09:35,680 --> 00:09:37,600
The left goes to the kitchen,
100
00:09:38,240 --> 00:09:41,160
and then the right goes
to a couple of bedrooms.
101
00:09:48,400 --> 00:09:52,800
So I go into that bedroom
and that's where a gun rack is.
102
00:09:55,880 --> 00:09:58,640
So I take the guns
and I roll them up in a bed sheet.
103
00:10:07,840 --> 00:10:11,960
And as I'm coming out, somebody's coming
through a hall door from the living room.
104
00:10:13,000 --> 00:10:14,400
I see the silhouette.
105
00:10:15,720 --> 00:10:19,520
-I just raised the gun and pow.
-[gunshot]
106
00:10:22,240 --> 00:10:26,520
She kind of turned towards me
and let out a loud scream.
107
00:10:27,400 --> 00:10:30,320
And I struck her in the top of the head
with the barrel of the gun.
108
00:10:30,400 --> 00:10:31,440
[thuds]
109
00:10:35,280 --> 00:10:37,760
Then I flicked the light on
and seen who it was, and I'm like...
110
00:10:38,000 --> 00:10:39,480
[sighs]
111
00:10:41,080 --> 00:10:42,040
...man.
112
00:10:44,200 --> 00:10:46,040
I thought the house was empty.
113
00:10:47,360 --> 00:10:49,160
I didn't think anybody was in there.
114
00:10:50,040 --> 00:10:52,200
I was kind of shocked,
I didn't even think.
115
00:10:55,360 --> 00:10:59,320
I took the keys to the car
and the guns and left.
116
00:11:01,520 --> 00:11:03,560
[car engine starts]
117
00:11:03,640 --> 00:11:07,160
And I left the car parked
on the side of the highway.
118
00:11:08,120 --> 00:11:09,360
[goats bleating]
119
00:11:14,360 --> 00:11:16,320
I'm sitting in my grandpa's trailer,
120
00:11:16,400 --> 00:11:19,200
smoking cigarettes, drinking coffee,
getting ready to leave,
121
00:11:19,280 --> 00:11:22,160
when the police come across the highway.
122
00:11:22,240 --> 00:11:24,240
[siren blaring]
123
00:11:24,320 --> 00:11:26,160
I knew right then
that they were coming for me.
124
00:11:26,240 --> 00:11:28,640
That they'd found Ms. Ruby already.
125
00:11:32,080 --> 00:11:34,000
It rained earlier in the day
126
00:11:34,080 --> 00:11:38,000
and I left footprints through the trail
in the woods
127
00:11:38,080 --> 00:11:40,320
right up to my grandpa's trailer house.
128
00:11:42,960 --> 00:11:45,880
My grandpa's girlfriend opened the door
129
00:11:45,960 --> 00:11:48,480
and one of the investigators,
as soon as he sees me,
130
00:11:49,800 --> 00:11:53,440
he tells the two polices with him,
"I think we got our man."
131
00:11:53,880 --> 00:11:56,240
[siren blaring]
132
00:12:00,600 --> 00:12:03,520
They take me to the police station,
asking questions,
133
00:12:03,600 --> 00:12:05,280
and I just keep denying it.
134
00:12:06,160 --> 00:12:09,200
But as soon as they try to implicate
my grandfather in it,
135
00:12:09,280 --> 00:12:12,840
that's when I finally confessed,
told them I did it,
136
00:12:12,920 --> 00:12:14,400
that he had nothing to do with it.
137
00:12:22,440 --> 00:12:28,080
Oh, I figured I'd be in prison
a long time, 30, 40 years maybe.
138
00:12:28,160 --> 00:12:32,800
But when I got my attorney and he told me
they were seeking a death penalty,
139
00:12:32,880 --> 00:12:36,360
I'm like, "What? Death penalty?
What is that?"
140
00:12:36,440 --> 00:12:40,160
And he told me what it was
and I'm like, "Oh..." [chuckles]
141
00:12:42,680 --> 00:12:46,320
I really didn't think about death penalty
when I was free.
142
00:12:46,400 --> 00:12:47,720
I didn't even know we had one.
143
00:12:52,680 --> 00:12:57,840
I shut down all thought about the crime
until I was sitting in a cell,
144
00:12:59,760 --> 00:13:02,520
and I started thinking about what I'd done
145
00:13:02,960 --> 00:13:06,240
and what I was fixing to face,
and that's, that's when I broke down.
146
00:13:10,480 --> 00:13:13,520
When I came to death row,
I just kept it locked up,
147
00:13:14,160 --> 00:13:20,080
and, uh, I didn't really face
what I'd done until 2004,
148
00:13:20,160 --> 00:13:22,640
and that's when it really hit me hard.
149
00:13:25,520 --> 00:13:30,280
That's when I went ahead
and accepted the responsibility for it.
150
00:13:30,360 --> 00:13:33,000
You know, whatever comes, I accept it.
151
00:13:33,560 --> 00:13:37,360
Either life in prison or an execution,
either one I accept.
152
00:13:41,280 --> 00:13:43,240
What can you do when you're guilty, man?
153
00:13:45,560 --> 00:13:49,080
You don't have a hope or prayer
when you're guilty. [chuckles]
154
00:13:54,240 --> 00:13:55,880
[dog barking]
155
00:14:13,800 --> 00:14:19,520
This is the evidence box
of the David Lee Lewis trial,
156
00:14:19,600 --> 00:14:20,800
back in '86.
157
00:14:31,040 --> 00:14:34,680
Haven't seen most of this stuff since...
158
00:14:37,280 --> 00:14:38,120
that day.
159
00:14:40,240 --> 00:14:44,720
These are the glasses that Ms. Ruby had on
160
00:14:44,800 --> 00:14:46,400
when she walked into her home that night.
161
00:14:47,920 --> 00:14:51,280
Right lens is missing, right ear,
162
00:14:52,000 --> 00:14:53,240
leg missing.
163
00:14:54,640 --> 00:14:59,880
She still had these partially on her face
when I arrived at the scene.
164
00:15:00,880 --> 00:15:02,760
And a round was fired,
165
00:15:04,560 --> 00:15:05,920
went through right about here.
166
00:15:09,040 --> 00:15:11,000
Struck her in the corner of the eye.
167
00:15:16,800 --> 00:15:19,120
You have to quite often
kind of divorce yourself
168
00:15:19,280 --> 00:15:23,760
from the physical aspects
of a scene like that,
169
00:15:25,000 --> 00:15:26,080
if you can.
170
00:15:26,160 --> 00:15:29,160
And you try to do the job
171
00:15:29,240 --> 00:15:31,800
and document everything
and get everything ready.
172
00:15:31,880 --> 00:15:36,400
And, of course, you're always thinking
ahead to the trial part of this situation,
173
00:15:36,480 --> 00:15:40,760
anytime you're in that type of situation.
174
00:15:40,840 --> 00:15:42,360
And... [sighs]
175
00:15:45,360 --> 00:15:46,800
then you think about it later.
176
00:15:51,560 --> 00:15:55,360
We got our big break, I think,
initially, when we found the footprints.
177
00:16:00,280 --> 00:16:02,200
Casting of a shoe print.
178
00:16:05,040 --> 00:16:06,880
This is a pretty good casting.
179
00:16:08,120 --> 00:16:10,800
Heel, toe, trim.
180
00:16:14,320 --> 00:16:18,640
Especially when you can mate it up
with the actual shoe that made it.
181
00:16:20,280 --> 00:16:25,000
This was found at the rear of the home,
not far from where he gained entry.
182
00:16:27,480 --> 00:16:29,120
And then things fell into place.
183
00:16:31,760 --> 00:16:37,760
When we approached the residence
where Lewis was apprehended,
184
00:16:38,160 --> 00:16:41,960
that's where they found the shoes
that matched the prints.
185
00:16:42,720 --> 00:16:45,680
Um, sometimes, it's nice to be lucky.
186
00:16:48,720 --> 00:16:50,360
Not quite as a good as a fingerprint,
187
00:16:50,440 --> 00:16:54,360
but very, very strong
circumstantial evidence.
188
00:16:57,760 --> 00:16:59,640
You know, a thief is a thief is a thief.
189
00:17:00,160 --> 00:17:03,280
Not to get Biblical, but I'm sure
somewhere in that list of ten is,
190
00:17:03,360 --> 00:17:05,360
I still recall from way back,
191
00:17:05,440 --> 00:17:08,280
that there's one in there
about stealing and thou shalt not.
192
00:17:11,440 --> 00:17:16,400
You go in with the intent
to do just a property felony...
193
00:17:17,640 --> 00:17:22,240
and something goes horribly wrong
and somebody dies,
194
00:17:22,319 --> 00:17:24,759
and it leaps all the way up through
195
00:17:24,839 --> 00:17:30,519
all the various steps of different levels
of crime right to the very top.
196
00:17:30,600 --> 00:17:33,600
The one that we hold most heinous,
which is capital murder.
197
00:17:34,840 --> 00:17:35,760
Um...
198
00:17:36,560 --> 00:17:40,920
Did he go there
with the intent to kill somebody?
199
00:17:41,000 --> 00:17:44,200
No. [stutters] You're never going
to be able to convince me
200
00:17:44,280 --> 00:17:45,640
or anybody else of that.
201
00:17:46,600 --> 00:17:50,800
Did somebody die as a result of him being
somewhere where he wasn't supposed to be?
202
00:17:50,880 --> 00:17:54,560
Yes, they did.
And an innocent person lost their life.
203
00:17:57,840 --> 00:18:01,120
You look at it.
We've got 30 something years of...
204
00:18:02,480 --> 00:18:03,440
back and forth...
205
00:18:05,560 --> 00:18:06,800
lives torn apart.
206
00:18:07,360 --> 00:18:09,680
Lives on the inside, lives on the outside.
207
00:18:11,640 --> 00:18:15,000
And it fits on this one table.
208
00:18:25,520 --> 00:18:27,160
[birds chirping]
209
00:18:39,200 --> 00:18:44,640
[man] In David's particular case,
the evidence of guilt was overwhelming.
210
00:18:46,160 --> 00:18:50,440
They had confessions
and they found evidence from the burglary
211
00:18:50,520 --> 00:18:52,520
and the place where he was living.
212
00:18:54,760 --> 00:19:00,160
The prosecution put on evidence
that David Lewis knew and understood
213
00:19:00,240 --> 00:19:03,400
what he was doing
at the time the offense was committed.
214
00:19:05,960 --> 00:19:07,240
I'm Jon Anderson.
215
00:19:08,120 --> 00:19:10,280
I was born and raised in Lufkin, Texas.
216
00:19:10,360 --> 00:19:13,560
I've practiced law here
for about 34 years,
217
00:19:14,320 --> 00:19:16,920
and I was David Lewis's defense lawyer.
218
00:19:19,960 --> 00:19:23,600
A capital murder jury at the time
this case was tried
219
00:19:24,320 --> 00:19:29,080
is asked specific questions
in the punishment phase of the case.
220
00:19:29,160 --> 00:19:31,880
One of those questions
is whether the defendant knowingly
221
00:19:31,960 --> 00:19:34,120
and intelligently committed the crime,
222
00:19:34,200 --> 00:19:36,880
and the other question is,
whether or not that defendant
223
00:19:36,960 --> 00:19:39,720
is going to be a future danger to society.
224
00:19:40,240 --> 00:19:43,880
Those are black and white questions
the jury is asked to decide.
225
00:19:44,680 --> 00:19:47,040
The issue of mental competence
226
00:19:47,120 --> 00:19:51,000
and the defendant's ability to understand
what it was he did,
227
00:19:51,080 --> 00:19:54,000
those are not black and white questions
that are asked to a jury.
228
00:20:20,760 --> 00:20:25,520
[Anderson] When you have someone
like Mr. Lewis, who is mentally impaired,
229
00:20:25,960 --> 00:20:29,080
even if you read that defendant
his rights,
230
00:20:29,600 --> 00:20:33,040
the question remains whether or not
he understands his rights
231
00:20:33,120 --> 00:20:36,080
and he can make a knowing
and intelligent decision
232
00:20:36,160 --> 00:20:39,080
to waive those rights
and to give a statement.
233
00:20:39,160 --> 00:20:42,240
And so there was a strong argument
to be made for the defense
234
00:20:42,320 --> 00:20:47,240
that he was not knowing enough
and understanding enough
235
00:20:47,320 --> 00:20:50,560
to where he was making
a voluntary confession.
236
00:20:57,920 --> 00:21:01,880
And so I'm asking the jury to consider
237
00:21:01,960 --> 00:21:07,480
and to believe the difficulty
that David had from a mental standpoint
238
00:21:07,560 --> 00:21:13,640
and to consider, based upon
his lack of understanding, in general,
239
00:21:13,720 --> 00:21:15,480
to answer the questions in such a way,
240
00:21:15,560 --> 00:21:18,280
that he's given life in prison
and not the death penalty. [woman] My son was born in '65.
241
00:21:32,760 --> 00:21:36,600
And I had a very hard delivery.
242
00:21:36,920 --> 00:21:39,000
I was in labor for 72 hours.
243
00:21:42,280 --> 00:21:46,240
They had to forcibly remove him
with forceps,
244
00:21:47,920 --> 00:21:52,080
which damaged his brain and his eyes.
245
00:21:54,520 --> 00:21:57,040
And me being so young and stupid,
246
00:21:57,600 --> 00:22:02,320
I didn't realize that
until he started going to school.
247
00:22:11,920 --> 00:22:15,480
My name is Linda Lewis,
and I'm David's mother.
248
00:22:24,080 --> 00:22:26,480
I was almost 18 when I had him.
249
00:22:35,720 --> 00:22:37,440
This is David in school.
250
00:22:38,000 --> 00:22:40,040
[laughs]
251
00:22:40,120 --> 00:22:41,560
He's a cute little bugger.
252
00:22:42,800 --> 00:22:43,920
[chuckles]
253
00:22:47,000 --> 00:22:50,400
In the park playing with his ball.
[laughs]
254
00:22:50,480 --> 00:22:52,040
He used to chase that ball around.
255
00:22:53,000 --> 00:22:55,000
I can see him doing it now,
just a little bitty thing,
256
00:22:55,080 --> 00:22:57,680
toddling around. [laughs]
257
00:22:59,600 --> 00:23:01,680
Him and Linda, Christmastime.
258
00:23:06,080 --> 00:23:09,720
Oh, yeah, he was a mommy's boy. [laughs]
259
00:23:10,880 --> 00:23:12,880
Uh-huh, he is my first born.
260
00:23:15,040 --> 00:23:16,280
He's my baby.
261
00:23:18,320 --> 00:23:19,520
Still is.
262
00:23:20,640 --> 00:23:22,760
I don't care how old he gets
or what he does,
263
00:23:22,840 --> 00:23:25,560
he's always going to be my baby. [sniffs]
264
00:23:25,640 --> 00:23:27,520
And I'm always going to love him dearly.
265
00:23:32,200 --> 00:23:37,240
When he had homework to do,
you couldn't make him understand.
266
00:23:37,320 --> 00:23:40,480
I mean, you could sit there
and you could explain it,
267
00:23:40,560 --> 00:23:43,560
and show him and explain it and show him,
268
00:23:43,640 --> 00:23:45,760
and he just didn't grasp it.
269
00:23:47,360 --> 00:23:49,800
I knew that he was real shy
270
00:23:51,400 --> 00:23:54,640
and stand-offish with other kids,
271
00:23:56,320 --> 00:23:57,600
but I didn't...
272
00:23:58,760 --> 00:24:03,720
I don't think I actually really snapped
to what was going on with him
273
00:24:03,800 --> 00:24:06,080
until I had him in a private school.
274
00:24:07,680 --> 00:24:12,880
About three months into it, they told me
that they couldn't do anything for my son.
275
00:24:13,560 --> 00:24:16,160
And they wanted me to take him
and have him tested,
276
00:24:16,880 --> 00:24:18,440
his mental capacity.
277
00:24:19,040 --> 00:24:23,160
And that's when I found out
that he had problems.
278
00:24:24,680 --> 00:24:28,600
And, um, there was nothing
that I could do about it
279
00:24:29,080 --> 00:24:34,600
except try to keep him out of trouble
and try to teach him right from wrong.
280
00:24:37,640 --> 00:24:41,680
And I did a pretty good job of that.
[chuckles] For the most part.
281
00:24:44,680 --> 00:24:48,040
All I know is that everybody thinks
he's a monster, and he's not. He's a very loving, caring person.
282
00:25:12,560 --> 00:25:15,360
[woman] "David Lee Lewis was given
the death penalty Tuesday night
283
00:25:15,440 --> 00:25:19,440
by a jury that earlier found him guilty
of capital murder
284
00:25:19,520 --> 00:25:23,040
in the shooting death
of Myrtle Ruby, 74, of Wells."
285
00:25:23,640 --> 00:25:24,480
Wow.
286
00:25:25,600 --> 00:25:26,920
That's been a long time ago.
287
00:25:29,520 --> 00:25:33,680
And he's still alive 30 years later, yeah.
That's what's unbelievable.
288
00:25:36,440 --> 00:25:37,880
My name is Rhonda Oaks.
289
00:25:37,960 --> 00:25:40,520
I'm a former journalist
at the Lufkin Daily News.
290
00:25:41,880 --> 00:25:44,360
I did it for 20 plus years.
291
00:25:47,720 --> 00:25:49,720
I was born and raised in Lufkin, Texas,
292
00:25:49,800 --> 00:25:54,080
and I'm proud to be a seventh generation
Angelina County resident.
293
00:25:57,760 --> 00:26:01,520
It's always been a small community,
you know, very tight-knit community.
294
00:26:02,440 --> 00:26:05,400
People are very religious,
and so you trust everyone.
295
00:26:05,480 --> 00:26:06,840
And, you know, a crime like this,
296
00:26:06,920 --> 00:26:09,800
it brings it home
that sometimes you can't trust everyone.
297
00:26:12,360 --> 00:26:15,480
"The sheriff said Mrs. Ruby was killed
by a single shot to the head
298
00:26:15,560 --> 00:26:17,080
from a 22-calibre rifle.
299
00:26:17,720 --> 00:26:21,040
Mrs. Ruby apparently was killed
when she surprised a burglar
300
00:26:21,120 --> 00:26:24,840
upon returning home from church
at about 9:00 p.m."
301
00:26:28,600 --> 00:26:31,640
We rarely saw crimes like this committed.
302
00:26:31,720 --> 00:26:35,240
It was a shocking event,
so it drew a lot of interest.
303
00:26:40,440 --> 00:26:44,160
You know, you just wouldn't expect
that sort of crime to occur.
304
00:26:45,960 --> 00:26:50,160
The jury was very serious and concentrated
305
00:26:50,240 --> 00:26:53,000
on the decision of whether or not
he was mentally challenged.
306
00:26:53,080 --> 00:26:54,000
They knew he was guilty.
307
00:26:56,480 --> 00:26:59,400
They really listened to both sides
of the events
308
00:26:59,480 --> 00:27:03,560
and tried to come back
with an impartial decision.
309
00:27:05,960 --> 00:27:06,840
Looking back,
310
00:27:07,720 --> 00:27:10,640
I don't think he seemed that remorseful.
311
00:27:13,200 --> 00:27:15,880
In my mind, I think someone
who is mentally challenged,
312
00:27:15,960 --> 00:27:19,280
they might be breaking into a house,
they might be stealing some guns,
313
00:27:20,440 --> 00:27:23,680
and they might even hit the victim
over the head with the gun,
314
00:27:23,760 --> 00:27:25,560
knock them out or whatever.
315
00:27:25,800 --> 00:27:29,440
But when you choose to shoot someone
in the face, that's not a mentally--
316
00:27:29,520 --> 00:27:32,920
You know, a mentally challenged person
will normally just run from the scene.
317
00:27:33,480 --> 00:27:35,960
Um, he didn't, he chose not to.
318
00:27:36,480 --> 00:27:37,960
And he chose to take her life.
319
00:27:39,880 --> 00:27:44,760
And I think that that put him
into a class of criminals
320
00:27:44,840 --> 00:27:48,840
that was a type
that we didn't see many of in east Texas.
321
00:27:51,600 --> 00:27:53,520
I think it was a cold-blooded act.
322
00:28:03,400 --> 00:28:07,440
[man] People like to think that
the diagnosis of intellectual disabilities
323
00:28:07,600 --> 00:28:11,160
is something kind of like
if you break your arm, you x-ray it,
324
00:28:11,240 --> 00:28:13,600
there's the break,
what you've got is a broken arm.
325
00:28:14,440 --> 00:28:16,920
That's not how it works
with mental retardation.
326
00:28:17,000 --> 00:28:20,720
It's a diagnosis in flux, it moves around.
327
00:28:21,800 --> 00:28:26,520
There's quite a bit of discrimination
and, uh, myths and misunderstandings
328
00:28:26,600 --> 00:28:28,240
that get in the way, uh,
329
00:28:28,320 --> 00:28:30,280
particularly in the field
of criminal justice.
330
00:28:32,680 --> 00:28:34,200
I'm Dr. Richard Garnett.
331
00:28:34,280 --> 00:28:39,000
I've been involved in the field
of disabilities since probably 1968.
332
00:28:40,800 --> 00:28:46,000
I was involved with David Lewis's case
in 2006 when I was asked to come in
333
00:28:46,080 --> 00:28:49,640
and review his files
and review all of the material they had
334
00:28:49,720 --> 00:28:52,600
from previous assessments
in previous situations,
335
00:28:52,680 --> 00:28:54,800
schools, and psychologists, etc.
336
00:28:56,960 --> 00:29:00,360
The material that was generated on him
back then
337
00:29:00,440 --> 00:29:04,160
made it pretty clear that he had
a diagnosis of mental retardation.
338
00:29:34,400 --> 00:29:35,880
[Garnett] Let's say you're testing
somebody
339
00:29:35,960 --> 00:29:38,400
and you get a score, and the score is 70.
340
00:29:38,480 --> 00:29:42,000
Well, that's the cut-off,
and if you're below that,
341
00:29:42,200 --> 00:29:43,360
you're "retarded."
342
00:29:43,440 --> 00:29:44,680
But that's not how you do it.
343
00:29:44,760 --> 00:29:47,840
You look at that,
and you look at all this other material,
344
00:29:47,920 --> 00:29:51,320
and you look at the adaptive level
that the person is,
345
00:29:51,400 --> 00:29:53,440
and you try and pull all of it together
and see,
346
00:29:53,520 --> 00:29:58,800
"Does that support a diagnosis
of mental retardation?"
347
00:29:58,880 --> 00:30:01,200
And this part might not,
and this part may,
348
00:30:01,520 --> 00:30:04,040
and this one you don't know
and this one sure doesn't.
349
00:30:05,400 --> 00:30:07,800
And so that's the battle in court,
350
00:30:08,440 --> 00:30:13,000
is to say my testing came up
with an IQ of 69,
351
00:30:14,160 --> 00:30:15,680
prosecutor will come up and say,
352
00:30:15,760 --> 00:30:17,680
"Well, the State's done
three or four different tests
353
00:30:17,760 --> 00:30:21,520
and they are always in the 75 to 80 range,
so it can't be."
354
00:30:22,000 --> 00:30:24,640
Well, that's because they're not given
the right tests,
355
00:30:24,720 --> 00:30:26,520
they're not given them
by the right people,
356
00:30:26,600 --> 00:30:29,200
they're not given them
under the right circumstances.
357
00:30:29,280 --> 00:30:31,240
You know, mine were.
358
00:30:33,760 --> 00:30:35,240
And I think deep inside,
359
00:30:35,320 --> 00:30:38,840
the system has these people
already gone through the courts,
360
00:30:38,920 --> 00:30:41,760
convicted of capital murder,
sentenced to death,
361
00:30:41,840 --> 00:30:43,440
and by God we're going to do it.
362
00:30:47,520 --> 00:30:52,760
If the judge in the end had been convinced
that David had intellectual disabilities,
363
00:30:52,840 --> 00:30:55,040
then I think the automatic response
364
00:30:55,120 --> 00:30:59,560
would be to, uh, vacate the death penalty
365
00:30:59,640 --> 00:31:03,040
and convert it to life in prison
without parole.
366
00:31:05,360 --> 00:31:07,360
However... [chuckles]
367
00:31:07,440 --> 00:31:10,000
it was found that
we had not proved our case.
368
00:31:14,600 --> 00:31:19,080
He's still there, so there must have been
some appeals that were instituted.
369
00:31:19,160 --> 00:31:22,880
But they found that we did not present
an adequate case
370
00:31:22,960 --> 00:31:24,840
to show that he had mental retardation.
371
00:31:25,320 --> 00:31:27,440
-[birds chirping]
-[cows mooing]
372
00:31:37,120 --> 00:31:41,280
[man] If life without parole
was the verdict and the sentence,
373
00:31:41,360 --> 00:31:45,560
then I think the family
would probably be fine with it
374
00:31:48,000 --> 00:31:51,680
if that's what the jury and the judge
375
00:31:52,360 --> 00:31:54,960
found to be the best solution
for the crime.
376
00:31:55,720 --> 00:31:59,600
So, I don't think any of us
are out for just, you know,
377
00:31:59,680 --> 00:32:01,520
"This man's got to die."
378
00:32:01,600 --> 00:32:05,640
Uh, you know, justice has got to be done.
379
00:32:09,920 --> 00:32:11,400
My name is David Ruby.
380
00:32:14,280 --> 00:32:16,680
I'm a nephew of Myrtle Ruby.
381
00:32:21,200 --> 00:32:23,320
She grew up in the area.
382
00:32:23,400 --> 00:32:27,600
We all went to church together
at the Falvey Methodist Church.
383
00:32:30,400 --> 00:32:34,400
At the time this happened to Aunt Myrtle,
I had just moved back from St. Louis
384
00:32:34,480 --> 00:32:37,000
and just got a phone call from my mom.
385
00:32:38,840 --> 00:32:41,280
Someone had broke
into Aunt Myrtle's house.
386
00:32:42,120 --> 00:32:45,560
She came home from church
and it was of course dark,
387
00:32:45,760 --> 00:32:49,640
and came into the house
and evidently startled the person,
388
00:32:49,720 --> 00:32:52,080
so they just shot her and murdered her.
389
00:32:57,120 --> 00:32:59,880
This still makes no sense whatsoever.
390
00:33:01,800 --> 00:33:04,920
Aunt Myrtle was a senior citizen.
Why didn't the person just say,
391
00:33:05,000 --> 00:33:07,480
"Hey, I'm sorry,
I'm gonna walk out of your house."
392
00:33:07,560 --> 00:33:09,840
I mean, she's not gonna beat him up.
393
00:33:11,120 --> 00:33:14,200
If they wanted to steal something,
why didn't they just take it and leave?
394
00:33:17,800 --> 00:33:23,600
I know my cousins still suffer with that.
395
00:33:23,680 --> 00:33:25,080
How could they not?
396
00:33:26,280 --> 00:33:30,760
It devastated them,
and it would devastate any child,
397
00:33:30,840 --> 00:33:32,640
no matter how old you are,
it doesn't matter.
398
00:33:33,360 --> 00:33:34,360
It's your mom.
399
00:33:44,680 --> 00:33:49,320
[Lewis] When I was born,
my mom had trouble giving birth to me.
400
00:33:49,400 --> 00:33:54,400
And... it gave me a mild retardation.
401
00:33:56,480 --> 00:33:58,600
That's why I'm a slow learner.
[chuckles]
402
00:33:58,680 --> 00:34:01,440
And school,
I just really didn't care about it.
403
00:34:08,480 --> 00:34:11,080
[Ruby] My opinion on that is,
404
00:34:11,440 --> 00:34:17,080
his mental capacity is not the issue,
his threat to society is the issue.
405
00:34:17,159 --> 00:34:21,079
And whether he was a complete,
you know, lunatic
406
00:34:21,159 --> 00:34:23,599
or a sane person,
407
00:34:23,679 --> 00:34:26,199
to me, is not an issue,
408
00:34:26,320 --> 00:34:31,040
because we want to remove people
from society that are a threat to society.
409
00:34:34,480 --> 00:34:38,240
So, anyway, I don't buy it.
410
00:35:13,600 --> 00:35:15,920
[man] When they told me
that Mr. Lewis was the suspect,
411
00:35:19,040 --> 00:35:22,600
I thought, you know, "Why is this man
still running the streets?"
412
00:35:24,920 --> 00:35:27,120
David Lewis was known for burglary.
413
00:35:27,440 --> 00:35:30,680
He was also known
for narcotic use, thefts.
414
00:35:32,640 --> 00:35:35,800
He had a history of criminal activity.
415
00:35:37,080 --> 00:35:38,920
[indistinct radio chatter]
416
00:35:39,680 --> 00:35:41,440
My name is Sergeant Ruben Gonzales,
417
00:35:41,520 --> 00:35:43,960
and I'm with the Oyster Creek
Police Department.
418
00:35:46,800 --> 00:35:48,760
[indistinct radio chatter]
419
00:36:07,400 --> 00:36:09,280
[Gonzalez] On September 1st, 1986,
420
00:36:09,360 --> 00:36:14,680
I received a call about the stabbing,
in the 1500 block of Avenue F.
421
00:36:17,840 --> 00:36:19,760
I remember it was a clear night
that night.
422
00:36:22,440 --> 00:36:25,680
The stabbing occurred
during the burglary of a vehicle,
423
00:36:27,080 --> 00:36:30,640
and that the complainant came out,
observed the subject in between the cars,
424
00:36:31,280 --> 00:36:33,800
observed his wife's purse
425
00:36:34,320 --> 00:36:36,680
sitting in front of him
with the car door open.
426
00:36:37,840 --> 00:36:40,760
And when the complainant yelled
at the suspect,
427
00:36:40,840 --> 00:36:44,600
the suspect stood up
and stabbed him in the stomach.
428
00:36:48,480 --> 00:36:50,600
I parked right here in the same place.
429
00:36:51,960 --> 00:36:56,520
And the police officer was parked
behind the vehicles,
430
00:36:56,600 --> 00:37:00,920
and, uh... the ambulance
was right behind him.
431
00:37:02,320 --> 00:37:04,720
Hopefully there's not a dog! [laughs]
432
00:37:05,640 --> 00:37:06,640
[car door closes]
433
00:37:12,000 --> 00:37:16,240
After I completed my initial investigation
here at the house,
434
00:37:16,320 --> 00:37:18,880
I started going to the neighborhood,
435
00:37:18,960 --> 00:37:22,760
you know, talking to different people,
giving them the description,
436
00:37:22,840 --> 00:37:27,280
and see if they had remembered
anybody like that or anything.
437
00:37:29,200 --> 00:37:32,680
But that description matched
so many people.
438
00:37:34,400 --> 00:37:36,920
Then approximately about two days later,
439
00:37:37,040 --> 00:37:41,000
I received a call from Mr. A.L. Thompson
about the stabbing.
440
00:37:55,160 --> 00:37:56,200
[Linda sniffs]
441
00:37:57,160 --> 00:38:00,600
This is me
and my two brothers and my sister.
442
00:38:01,160 --> 00:38:04,120
A.L., me, my sister,
and Danny, my brother.
443
00:38:10,040 --> 00:38:14,640
You don't see me smiling in that picture,
because I'm sitting next to A.L.
444
00:38:18,440 --> 00:38:20,480
My son idolized that man.
445
00:38:21,720 --> 00:38:23,640
He just followed in his footsteps.
446
00:38:26,360 --> 00:38:30,760
David was maybe ten, 11, 12 years old. A.L. used to sit and brag
about this man he beat the hell out of
447
00:38:37,240 --> 00:38:40,480
and that man he stabbed
and this man he shot and shit like that.
448
00:38:40,560 --> 00:38:42,400
And he never did any of those things,
449
00:38:43,320 --> 00:38:45,880
but my son thought he did...
450
00:38:48,200 --> 00:38:50,320
and I guess...
451
00:38:51,280 --> 00:38:54,680
he just thought it was acceptable.
452
00:38:57,400 --> 00:38:59,600
My brother could've helped him.
453
00:39:00,840 --> 00:39:03,840
But instead of going the right way,
he went the wrong way
454
00:39:03,920 --> 00:39:06,400
and he taught him things
that he shouldn't have taught him.
455
00:39:10,200 --> 00:39:13,520
Since David wasn't mentally capable
456
00:39:17,240 --> 00:39:22,400
of... thinking the consequences
about things,
457
00:39:23,320 --> 00:39:26,040
and A.L. seemed to get away
with everything,
458
00:39:26,120 --> 00:39:27,280
I guess he thought it was okay.
459
00:39:31,800 --> 00:39:35,840
My son's always taken the blame
for everything, whether he did it or not.
460
00:39:36,160 --> 00:39:37,200
Always!
461
00:39:37,480 --> 00:39:39,720
And there are things
that he has gone to jail for
462
00:39:39,800 --> 00:39:42,000
that I know for a fact that he did not do.
463
00:39:43,040 --> 00:39:45,200
That I know that my brother A.L. did.
464
00:39:54,760 --> 00:39:59,320
And that's why I asked him
who was with him when he did what he did.
465
00:40:01,160 --> 00:40:02,440
He told me no one.
466
00:40:06,200 --> 00:40:09,160
I keep hoping eventually
that he will tell me the truth
467
00:40:09,240 --> 00:40:10,480
about that night.
468
00:40:12,960 --> 00:40:16,720
But my brother A.L. instilled in him
that you don't rat on nobody.
469
00:40:18,320 --> 00:40:20,240
You don't tell on nobody, period.
470
00:40:26,160 --> 00:40:27,840
[birds chirping]
471
00:40:29,960 --> 00:40:33,600
The call came into the police department
and it was out of the blue.
472
00:40:34,200 --> 00:40:36,320
Uh, I didn't know Mr. Thompson.
473
00:40:36,840 --> 00:40:40,640
As a matter of fact,
I couldn't even get an address from him.
474
00:40:41,280 --> 00:40:45,200
All he told me is that his nephew
came to the residence,
475
00:40:45,280 --> 00:40:48,840
and he was sweating profusely,
and was tired,
476
00:40:49,480 --> 00:40:52,760
and the little bit of blood
that he had on his hand,
477
00:40:53,520 --> 00:40:56,640
and he told Mr. Thompson
that he had stabbed somebody.
478
00:41:03,200 --> 00:41:07,400
With the information that he gave me
and me checking the information,
479
00:41:07,960 --> 00:41:12,840
uh, it was good enough to get
Mr. Lewis apprehended and arrested.
480
00:41:22,800 --> 00:41:25,080
David didn't want to talk at first.
481
00:41:26,960 --> 00:41:27,920
And I read him his rights.
482
00:41:28,000 --> 00:41:30,640
I read him his rights
just to let him know that, you know,
483
00:41:30,720 --> 00:41:33,280
I was going to speak to him
in reference to it and everything.
484
00:41:33,560 --> 00:41:36,880
And he really didn't want to give me
very much information.
485
00:41:38,600 --> 00:41:41,640
I said, "Let me tell you what happened
and you tell me if you did it or not."
486
00:41:42,120 --> 00:41:45,800
I gave him the sequence
of the crime that was committed.
487
00:41:47,520 --> 00:41:51,120
"This happened, this is you.
You ran.
488
00:41:51,200 --> 00:41:52,560
You ran to your uncle's...
489
00:41:53,240 --> 00:41:56,520
sweating, tired, blood on your hand..."
490
00:41:56,840 --> 00:41:58,760
The only stabbing in Freeport that night.
491
00:42:00,560 --> 00:42:05,720
Never did I tell him he did it.
Never did I tell him he didn't do it.
492
00:42:06,800 --> 00:42:09,800
"Now it's on you if you're going
to tell me what happened or not.
493
00:42:10,000 --> 00:42:11,440
I want your side of the story."
494
00:42:12,600 --> 00:42:15,680
And all he said, when he looked at me,
he said, "Okay." And that was it.
495
00:42:16,880 --> 00:42:18,720
He says "I don't want to talk anymore."
I said, "Okay."
496
00:42:20,200 --> 00:42:25,080
So to me, when he said, "Okay,"
that was a confession for me. You know?
497
00:42:47,560 --> 00:42:50,760
[Anderson] When I learned
that law enforcement
498
00:42:51,480 --> 00:42:56,000
had taken a confession
to an unrelated stabbing
499
00:42:56,080 --> 00:42:59,080
that supposedly was committed
by the defendant
500
00:42:59,160 --> 00:43:01,840
before he came to Angelina County,
501
00:43:01,920 --> 00:43:06,200
I would say livid is getting closer
to how I felt about that.
502
00:43:06,720 --> 00:43:08,480
I was extremely angry.
503
00:43:11,840 --> 00:43:14,160
That confession was taken
at a point in time
504
00:43:14,240 --> 00:43:19,920
where I had already been appointed
as David Lewis's counsel
505
00:43:20,000 --> 00:43:23,120
and so I'm on the record
as representing him.
506
00:43:23,840 --> 00:43:28,720
So the law would require
if a confession is to be taken
507
00:43:28,800 --> 00:43:31,520
after the defendant has counsel,
508
00:43:31,600 --> 00:43:35,560
that confession requires the consent
of the defendant's counsel.
509
00:43:37,200 --> 00:43:40,920
I was not notified of their visit here.
510
00:43:41,000 --> 00:43:44,480
I was not notified of their intention
to take a confession.
511
00:43:47,880 --> 00:43:53,840
The confession did come into evidence
and I can't help but think
512
00:43:53,920 --> 00:43:59,640
that plays a role in what the jury sees
about future dangerousness.
513
00:44:00,080 --> 00:44:03,880
Because if you got one event
in a person's life,
514
00:44:03,960 --> 00:44:06,280
uh, that involves violence,
515
00:44:06,760 --> 00:44:11,200
then that may be some indication
of what they're capable of doing
516
00:44:11,280 --> 00:44:13,160
and what they might do in the future.
517
00:44:13,240 --> 00:44:17,280
But if you have,
unrelated to that, another violet act,
518
00:44:17,800 --> 00:44:20,960
then it's much easier for a jury
to imagine
519
00:44:21,040 --> 00:44:25,320
that, yes, this person is going to be
a future danger to society,
520
00:44:25,400 --> 00:44:28,000
and therefore answer that question
in the affirmative.
521
00:44:45,920 --> 00:44:48,320
[crickets chirping]
522
00:45:04,560 --> 00:45:07,160
[keys jangling]
523
00:45:22,120 --> 00:45:26,720
[Gonzalez] On September 1st, 1986,
I received a call about the stabbing...
524
00:45:27,320 --> 00:45:30,800
a complainant came out,
observed the subject in between the cars,
525
00:45:30,880 --> 00:45:34,520
the suspect stood up
and stabbed him in the stomach.
526
00:45:36,160 --> 00:45:38,280
Hmm. Yeah, yeah.
527
00:45:40,320 --> 00:45:44,560
That was used against me in my trial.
[clears throat]
528
00:45:46,600 --> 00:45:48,880
I was burglarizing another house.
529
00:45:48,960 --> 00:45:52,040
And there was somebody asleep on the couch
and they come outside
530
00:45:52,120 --> 00:45:55,000
and come around the back of the car.
531
00:45:56,080 --> 00:45:59,400
So the only thing I could do
was pull my knife and stick them,
532
00:45:59,480 --> 00:46:00,840
then I turned and ran.
533
00:46:04,480 --> 00:46:07,920
I was a violent thug... [chuckles]
534
00:46:08,360 --> 00:46:12,120
who didn't give a crap
about anybody but himself.
535
00:46:17,440 --> 00:46:20,400
When my mom first asked me about it,
I told her I didn't do it,
536
00:46:20,480 --> 00:46:22,080
I didn't know anything about it.
537
00:46:23,040 --> 00:46:24,200
And then...
538
00:46:28,280 --> 00:46:32,200
I think in 2008 or '09,
539
00:46:35,520 --> 00:46:38,280
I told her that I...
that it was me that did it.
540
00:46:42,000 --> 00:46:46,040
I think that's probably one of the reasons
she doesn't come to visit me anymore.
541
00:46:48,080 --> 00:46:51,120
'Cause I lied to her, I disappointed her.
542
00:46:52,960 --> 00:46:55,360
This crime here weighed so much on her
543
00:46:55,440 --> 00:46:58,800
that I didn't want to tell her
about the other.
544
00:47:00,040 --> 00:47:01,600
And finally I had to.
545
00:47:02,040 --> 00:47:05,320
It was too much weight on my shoulders
and I had to get it off.
546
00:47:10,400 --> 00:47:14,800
[Linda] A.L. used to sit and brag
about this man he beat the hell out of
547
00:47:14,880 --> 00:47:15,840
and that man he...
548
00:47:15,920 --> 00:47:22,320
David wasn't mentally capable of thinking
the consequences about things.
549
00:47:22,400 --> 00:47:25,760
A.L. seemed to get away with everything,
I guess he thought it was okay.
550
00:47:28,320 --> 00:47:32,920
Yeah, probably so.
I grew up with a bunch of bad influence.
551
00:47:33,120 --> 00:47:35,520
Alcoholics, dope smokers.
552
00:47:37,200 --> 00:47:40,200
It rubs off, but... [clears throat]
553
00:47:40,280 --> 00:47:42,120
I have no excuse for my actions.
554
00:47:42,200 --> 00:47:45,680
I did it, I'm guilty. You know.
555
00:47:46,800 --> 00:47:50,600
A.L. was, uh, my idol, my hero.
556
00:47:50,680 --> 00:47:56,240
He was, uh, the ultimate outlaw,
what I wanted to be growing up.
557
00:47:56,320 --> 00:48:01,280
And I guess that's why I became a thug,
an outlaw, a hoodlum.
558
00:48:02,720 --> 00:48:05,960
He was an outlaw, biker, tough guy.
559
00:48:08,440 --> 00:48:11,800
He didn't steal or rob or kill.
He didn't do none of that.
560
00:48:13,160 --> 00:48:15,560
I was a thief when I was a little kid.
561
00:48:15,640 --> 00:48:18,680
I'd steal in stores,
steal candy and stuff.
562
00:48:20,480 --> 00:48:22,920
I can go in a store
and see a pair of tennis shoes,
563
00:48:23,000 --> 00:48:26,400
I'll just put them on, lace them up
and walk out, 'cause I want them.
564
00:48:29,680 --> 00:48:34,560
[Gonzalez] During the investigation,
I received a call from Mr. A.L. Thompson.
565
00:48:34,640 --> 00:48:38,400
All he told me is that his nephew
came to the residence,
566
00:48:38,640 --> 00:48:42,000
and he made a statement to Mr. Thompson
that he had stabbed somebody.
567
00:48:45,440 --> 00:48:48,880
I never knew that. I never knew
he called the police on me.
568
00:48:51,720 --> 00:48:52,920
Let me tell you something.
569
00:48:53,280 --> 00:48:58,240
In prison, you don't ever want
the snitch jacket on your back.
570
00:48:58,320 --> 00:49:00,080
Ever, ever, ever.
571
00:49:00,160 --> 00:49:02,840
That's worse than being a child molester.
572
00:49:04,760 --> 00:49:06,640
[woman] But your uncle snitched on you.
573
00:49:09,480 --> 00:49:11,280
I know, that's what hurts.
574
00:49:15,680 --> 00:49:19,320
The material that was generated on him
back then
575
00:49:19,400 --> 00:49:23,280
made it pretty clear that he had
a diagnosis of mental retardation.
576
00:49:23,360 --> 00:49:28,040
There's quite a bit of discrimination
and, uh, myths and misunderstandings
577
00:49:28,120 --> 00:49:31,320
that get in the way, particularly
in the field of criminal justice.
578
00:49:33,440 --> 00:49:35,320
[Anderson] When you have
someone like Mr. Lewis
579
00:49:35,400 --> 00:49:38,040
who is mentally impaired,
580
00:49:38,680 --> 00:49:42,160
the question remains
whether or not he understands his rights
581
00:49:42,240 --> 00:49:46,720
and he can make a knowing and intelligent
decision to waive those rights
582
00:49:46,800 --> 00:49:48,120
and to give a statement.
583
00:49:50,600 --> 00:49:53,000
[Lewis] Yeah, it's kind of too late
to use that now.
584
00:49:53,080 --> 00:49:56,960
They say I'm not retarded,
so I guess I'm not.
585
00:49:58,520 --> 00:50:04,120
It don't matter what the courts,
it don't matter what the judge or DA--
586
00:50:04,200 --> 00:50:07,520
Once they have their minds set
on getting you, they're going to get you.
587
00:50:08,200 --> 00:50:11,240
And, of course,
I understand that 'cause I'm guilty. If I was in their position,
I'd feel the same way.
588
00:50:19,240 --> 00:50:22,600
When it comes to crime
and being a murderer,
589
00:50:22,680 --> 00:50:24,600
you really have no excuse.
590
00:50:26,240 --> 00:50:27,520
You know what you're doing.
591
00:50:29,200 --> 00:50:31,560
Even though I was impaired,
I knew what I was doing.
592
00:50:35,200 --> 00:50:40,680
Sure, I'm mentally impaired
and I was drunk, high on mushrooms,
593
00:50:41,080 --> 00:50:43,120
but does it really matter?
594
00:50:43,640 --> 00:50:46,040
I pulled the trigger and killed somebody.
595
00:50:47,440 --> 00:50:49,640
And I can never give that life back.