EARLY TUESDAY EVENING, as the state of Georgia prepared to kill 47-year-old Kenneth Fults, I drove 10 miles west from historic Jackson toward Prison Boulevard, which leads to death row. Along the way, green lawn signs lined Highway 36, advertising “Jesus.” Soon after I arrived, a dozen peaceful protesters began pulling up at the Georgia Diagnostic and Classification Prison, gathering just inside the gate. A black-clad security squad wearing helmets and riot gear stood watch as vehicles approached; one by one, drivers exited their cars before parking so that German Shepherds could search for contraband.
The prison was not visible from the gate. It sits a mile down the road, beyond Corrections Lake and rows of tall Georgia pines. Portable toilets and long strands of thin yellow rope divided the press area from the area set aside for protesters. At 6 p.m. sharp a white van came for the reporters who would watch the execution; there would be no other official witnesses that night. Yet the activists standing by were acting as witnesses of a different kind. “When they sign the death warrant, they say it’s being done in the name of Georgians,” said Kathryn Hamoudah, chairperson of Georgians for Alternatives to the Death Penalty. “Actually, no — you’re not doing this in the name of all Georgians. And we’re going to hold you accountable for this.”
“You’re not doing this in the name of all Georgians.”
GFADP holds vigils across the state each time there’s an execution — this is the fourth in 2016. The group’s website provides a map of 12 protest sites, from Atlanta, some 50 miles north of here, to Macon, 40 miles south. Executions are scheduled for 7 p.m., but vigils will sometimes go late into the night, as courts rule on last-minute appeals. Sometimes, like the night Troy Davis died, the U.S. Supreme Court will order a temporary stay, only for the execution to be carried out later. Other times, something goes wrong. When the state killed 72-year-old Brandon Astor Jones in February, nurses struggled for more than an hour to find a suitable vein, then inserted an IV into his groin. Later, the Atlanta Journal-Constitution described how Jones “fought death” — six minutes into the execution, “his eyes popped open” and he appeared to look at the clock in the execution chamber, as well as the prosecutor who sent him to die. His time of death was 12:46 a.m.
The vigils do not end until the coroner’s van exits the prison gates. So protesters come prepared for a long night. They dress in layers — some have folding chairs — and bring snacks to share. But that night, things were going swiftly. The U.S. Supreme Court had already refused to grant a stay, in a curt two-line order released earlier in the afternoon. There were no dissents.
Yet there was much to be troubled by in the case of Kenneth Fults — or “Kenny,” as people here know him. Fults, who is black, admitted to killing his 19-year-old neighbor, Cathy Bounds, in 1996, shooting her in the head following a string of robberies. He pleaded guilty, hoping jurors would show mercy and sentence him to life. Instead, he was condemned to die. Among those who voted for the death penalty was a man named Thomas Buffington, who later admitted to an investigator, “I don’t know if he ever killed anybody, but that nigger got just what should have happened. Once he pled guilty, I knew I would vote for the death penalty because that’s what that nigger deserved.” Buffington had previously denied harboring any racial bias upon being selected for the jury years before. “No, sir,” he said, when asked if it made “any difference that in this case the defendant is black and the victim was white.”
Jurors who served alongside Buffington were disturbed by the revelations. In sworn affidavits included in Fults’s appeals, one woman said it was “very unfair” that he had been allowed on the jury. Another juror, who acted as foreman, said, “Mr. Buffington hid his feelings about Mr. Fults’s race during our deliberations. As the foreperson, I would have alerted the judge if I had known about Mr. Buffington’s true feelings.”
Perhaps more disturbing was the behavior of Fults’s own defense attorney, who himself was known to refer to his own clients as “nigger,” according to an in-depth piece in Mother Jones, and who, according to jurors, was often asleep during the proceedings. “I saw him sleeping off and on throughout the whole trial,” one juror said in an affidavit years later. “It really bothered me because here there was a man on trial for his life and his lawyer didn’t even care enough to stay awake.” Nor did he present “much information about Mr. Fults’s life or his background,” the juror said. “I have just learned that he went through a lot as a child and that he has been diagnosed as mentally retarded. If this information had been presented at the trial, it would have made a difference to me.”
Such factors would seem to merit a closer look — if not a new trial. Yet, citing procedural rules, the state repeatedly declined to act. The U.S. Supreme Court, which recently granted certiorari in a Colorado case in which a juror expressed prejudice against Mexicans, nonetheless refused to stay Fults’s execution on the same grounds. Nor did the Georgia Board of Pardons and Parole feel the need to intervene in the end. The board is “supposed to be a fail-safe when the courts get it wrong,” said Hamoudah, “yet time and time again, they’re not doing their job.”
“He had a racist defense team, a racist juror, he has an intellectual disability, and yet that wasn’t compelling enough? Then what is?”
Hamoudah is from Texas originally — “I’m no stranger to the death penalty,” she told me, or to its racist underpinnings. But the sheer brazenness of it in this case — not to mention Fults’s borderline IQ of 72 — makes the courts’ indifference hard to comprehend. “He had a racist defense team, a racist juror, he has an intellectual disability, and yet that wasn’t compelling enough? Then what is?”
Yet it wasn’t entirely surprising. Hamoudah was outside the prison in 2011 when the state killed Troy Davis, an execution that sparked protests across the world. Hundreds of people filled the prison grounds that night, with many hundreds more across the street. “There was an incredible amount of disbelief,” Hamoudah recalled. Many people held on to some faith that “the justice system is going to work. And it didn’t.” It wasn’t just the question of innocence — the majority of the eyewitnesses in Davis’s case had recanted their testimony — but the racial bias that permeated it from the start. “Even the most cynical of us have hope that … there will be someone who will take a position against this very blatant racism,” she said. But no one did.
“Every case has something,” another activist, Mary Catherine Johnson, told me. “They all are tainted with, you know, bad lawyers, or not bringing in mitigating evidence.” Indeed, in the past couple of years, Georgia has killed numerous prisoners who would not likely be sent to death row today: a Vietnam veteran with severe PTSD; a woman whose boyfriend carried out the murder in question (and who went on to provide spiritual guidance to women behind bars); a man repeatedly diagnosed with serious intellectual disabilities. But when it comes time for clemency hearings, she said, none of this makes a difference. “They are obsessed with the crime.”
Johnson started attending vigils in 2009 or 2010. Previously she had worked with the National Coalition to Abolish the Death Penalty in Washington, D.C. “We would protest at the Supreme Court, wear T-shirts,” she said. But much of the job was administrative, “stuffing envelopes” and other such work. When she moved to Georgia, where she’s from, Johnson said, “I heard on the radio one day that there was an execution scheduled — and it just floored me. I couldn’t believe it. Because it felt real all of a sudden.”
Johnson drove down to the prison with her boss, a California native who had protested executions at San Quentin. She was expecting hundreds of people, she said, but found just a handful. “It just hit home,” she said. During the vigil that night, she was especially struck by the way participants “talked about the person — his life, who he was. … All you read in the paper is the crime. But these people were talking about him as a human being. And that just floored me. I thought, ‘This is where I want to be.’”
Protesters sing outside the Georgia Diagnostic and Classification Prison in Jackson on Sept. 29, 2015, before the scheduled execution of Kelly Renee Gissendaner.
Photo: Ben Gray/Atlanta Journal-Constitution/AP
Among the protesters on Tuesday night were several who had never been there before. There was an older man who works in sales — he heard about the vigil from GFADP, and came down because of what he felt was hypocrisy among Catholics who claim to be “pro-life” but are silent on executions. There was a young Pakistani woman who heard about the execution on the radio the night before. “And I said, no, no, no — this can’t happen,” she said. She drove down to the prison in the hopes of visiting Fults before he died, not realizing the complex series of hurdles necessary to do so.
Just before 7 o’clock, Johnson called for everyone to gather around in a circle. Holding a photo of Fults, she described how his relatives had traveled to Jackson days earlier to have their final visits. A group named New Hope House, with whom Johnson volunteers, keeps a “hospitality house” near the prison for death row families. “I think there were maybe 20 [relatives] last night,” she said, including his children. The gathering for Fults was “a mixture of joy and sadness.” On the one hand, they were gathering as a family for the first time in years — there were meals to share and board games for the kids — but it was a reunion of collective trauma. After the parole board denied clemency, Johnson said, “There were many tears, as you can imagine.” But the prison allowed Fults to stay on the phone with them for hours that night. “They were passing [the phone] around and sharing stories. … He was on a rollercoaster of tears and laughing.”
None of Fults’s relatives came to the vigil. Most had traveled from Mississippi — some from Oklahoma — and “they all felt strongly that they wanted to be in their own homes tonight,” Johnson said.
“It’s very unusual for the execution to go forward at 7 p.m.,” Johnson said. “But it looks like that’s what’s happening now. So it’s probably happening as we speak.” The protesters joined hands. They passed around a list of every person Georgia has executed since the return of the death penalty in 1976. Participants read the 63 names three at a time, followed by the dates that they died. Then they sang Amazing Grace.
It was not yet 8 p.m. when the white van returned to drop off the media witnesses. A Georgia Department of Corrections spokesperson followed. She did not speak to the protesters, but on Twitter, reporters soon put the time of death at 7:37 p.m. A guard in a plain blue uniform approached the vigil. “It’s over,” he said. The guards in riot gear came up behind him, but were told to allow the group to stay a little longer. A few minutes later, the black coroner’s van drove past, carrying Kenneth Fults’s body. The van turned west onto Highway 36, away from the Christian lawn signs, and disappeared from view.
Top photo: Protestors with Georgians for Alternatives to the Death Penalty stand outside the Georgia Diagnostic and Classification Prison in Jackson ahead of the scheduled execution of Kenneth Fults on April 12, 2016. Mary Catherine Johnson, second from left, holds a photo of Fults.
the United States has become a blood thirsty country and it is worse in the southern states.
I’m not quite sure what this article is trying to say. Is it saying that if someone uses a racial slur that the murderer gets a pass and walks free? One juror might have had racist feelings, but he was convicted and given the death penalty by all the jury. He had a low IQ. Does this mean he gets a pass and walks free? He still knew the difference between right and wrong. These protestors seem to know all about the life of the murderer, but are totally unconcerned about the innocent victim. It seems to me justice was done!
Social conservatives in the US are often very often criticized for their hypocrisy when they openly advocate for the death penalty while simultaneously opposing abortion. In the name of fair play, I will use the same metric in this instance of progressive opposition to the death penalty:
Since 1980, there have been 1,400,000,000 legal executions of unborn babies worldwide – yet there has been no outcry from social justice warriors… This double standard is facilitated by an ever evolving self-serving rationale that endeavors to define unborn babies as something lesser than human (nonviable fetuses). How, then, can they make the argument that the death penalty is not justified in those cases where an individual engages in the inhuman act of taking the life of another human being.
Kenny Faults was a habitual criminal who broke into his former girlfriend’s house with the specific intent of taking her life. He bound and gagged her as she tearfully begged for her life. He dragged her upstairs to her bedroom and threw her onto her bed. He put a pillow over her face and shot her five times in the head. He did all of this only after a he failed to murder her current lover. While in prison, he bragged about his murderous actions to fellow gang members.
Life is either sacred, or it isn’t. We endeavor to keep offenders like Faults alive with the hope that their innate moral sense will eventually lead them to genuine sorrow in time. However, If ones sense of right and wrong is understood to be IQ dependent, then logic demands that we accept Faults’ unconscionable action as the mere product of biological determinism. In this case, anyone with a low IQ should euthanized in the name of the common good.
Dear TI Editors:
This is adversarial journalism. This is not a blog. Ms Segura did not say there oughta be more coverage of events like this, she did not say we oughta agree with her, she did not use false premises and emotion to predict the future, she used quotes to describe the event, she allowed the reader to reach his or her own conclusions…
She did a good job reporting what happened, not telling us how she interpreted what happened.
We need more women in politics. It is time for a change in traditional men demographics. Women have so much more to offer than men. Women are more likely than men to empathize and have more kindness.
This is a classic example of the type of misandry that is compulsively expressed by the most radical elements of the feminist movement.
I think our founding fathers handled things superbly. What women have to do with this pos living so long after murdering a “woman” is beyond me.
People need an outlet for their hate. If you abolish the death penalty, as in Illinois, then the police simply start shooting suspects. In Georgia, the police know the system will eventually reward them, so they act within the boundaries of the law. Just because everyone sleeps through the trial doesn’t render it meaningless. Due process helps smooth the rough edges of racism.
Thoughtful and poignant article. Thank you. Hearing about the family was important. So was the somber courtesy of the corrections staff. You rarely hear about either.
As far as broader civil discussion goes, I do think that, if our goal is to decide on matters of blood debt, we should hear about what caused the debt itself. I was hoping that Dzokar Tsarnaev would be spared the death penalty. It seems deeply tragic that a young kid basically got looped into atrocity and terror by basically revering his asshole brother and their unstable mother. But then I was quite horrified when I finally heard the gory details from the testimony. I still think we err more by our institutionalized vengeance, but I can sort of understand where that vengeance is recommended.
I never understood the whole idea of not executing people for having a low IQ. I mean, the way I see it, what life is more worthless than that of someone who can scarcely think, who is like an animal going around killing people and can’t learn to do any better?
BUT. Even the most worthless of people still should not be murdered. Because it is one thing to suppose someone is worthless, guess at in the abstract as an intellectual exercise or for shooting the breeze, and something else again to speak from the mercy seat and declare who lives and who dies like you think you are God.
Still, I feel even worse when people who are clever but twisted get put to death. There is some kind of damage in every killer, but people should have faith that everything wrong with anyone can somehow be redeemed. It is one thing to put them away from society out of concern for the innocents who could be killed, something else again to kill them as an act of terror.
Some people believe that society should provide assistance to people who have trouble functioning independently. By failing to do so, society becomes complicit in their failure, at least in theory.
However, in practice, society absolves itself of any blame and punishes the offender with the harshest possible sanction. This reaffirms America’s commitment to the supremacy of the individual.
It does present a conundrum – if the individual is sovereign, then why does society have the right to kill them?
We must all remember that the eugenics movement of the early 20th century is still very much alive and kicking today. Cases like this are a chilling reminder of times within living memory when being mentally disabled was a crime punished by forced sterilization or death. In fact, Australia is still guilty of conducting forced sterilizations under the masks of “justice” and “public safety.” Never forget, and never stop pushing back against this unrelenting evil.
“Father, forgive them, for they do not know what they are doing.”
The prayer should be “Father don’t forgive them for they know EXACTLY what they are doing.”
Jesus said “THOU SHALT NOT KILL”. He refused to defend himself by killing those who would murder him. There is a reason for this commandment – it is a fire extinguisher. It draws the line. It is the last line of defense against the path of total human anhilation. It acts to force people to find a different solution to differences and problems.
Pretenders to Jesus who take the Lord’s name (of Him) in vanity to cloak themselves have proven in their world that
2 WRONGS MAKE A RIGHT WING
Donald Trump is right. We have to make America great again. It is no longer the great nation it once was approximately four centuries and one score years ago. Trump will make it better and greater that it ever was, if only all you folks cooperate.
What a country, as Yakov Smirnoff says. We execute the mentally impaired seeking redemption while Justice ignores unrepentant war criminals still in power and/or smugly walking OUR streets. Messed up stuff.
Thank you, Liliana, for another great article few may enjoy reading – but all somehow need.
Justice ignores unrepentant war criminals..
De seats of power are uncle lucifer’s bestest friends
I am horrified, as the step mother of an intellectually/developmentally disabled man, by our criminal justice system which takes none of the mitigating realities of many “murderer’s” lives and diagnoses into consideration. It is clearly corrupt. We are building prisons like crazy in California, even as we hear the Democratic presidential candidates acknowledging the racism inherent in the criminal justice system. I am completely opposed to hand guns and military grade weapons being available for sale to just about anybody. The death penalty is, simply put, retribution. And retribution is an abhorrent response to violence. As Ghandi said, “An ‘eye for an eye’ makes the whole world blind.”
i propose to add another sin to the 7 deadly sins. It will be the 8th sin. It is AMBITION. Ambition includes selfishness with a willingness to cause harm to others such that the person who exerts ambition attempts to put on a balance of scale “benefits” vs “harm”. Our society has mutated into this paradigm of “groupification”. It is wrong.
In the re-make of the movie, I foresee GDubya getin’ it in the shower with his Scotty dog.
Trailer: the Eight Deadly, or the Hatefull Ate
https://youtu.be/c2mCgbGWTic
http://petitions.moveon.org/sign/no-tax-breaks-for-private prisons
The Joint Committee on Taxation must end tax breaks for private prisons by revoking private prisons’ REIT Status.
In 2013, GEO and CCA received Real Estate Investment Trust (REIT) status, which creates a loophole for them and their investors to make billions in profit from incarcerating people of color and immigrants TAX-FREE! In the first year of their REIT status, CCA and GEO received almost $100 million in tax breaks. That $100 million should be reinvested in our communities, not sent to corporate prison CEOs and prison industry shareholders.
Please sign petition.