By Stephen Cooper
Barring intervention by courts or its governor, Alabama will kill an 83-year-old man on April 19; long-incarcerated for the 1989 mail-bomb killings of United States Court of Appeals for the Eleventh Circuit Judge Robert S. Vance and civil rights attorney Robert E. Robinson, Walter Moody, Jr.’s wizened, withered body, will, three decades after his crimes, be strapped to a gurney, pricked with a sharp needle (possibly many, many times), and pumped full of chemicals until he is dead.
Why? Other than the reactionary, regressive idea of “retribution” – whose flawed moral underpinning is interchangeable with bloodthirsty, wild, wild West revenge – how will justice be served? And, for whom?
The premeditated, state-sponsored senicide of the most senior of senior citizens on Alabama’s death row won’t make anyone – not anyone in Alabama, and not anyone anywhere in the United States or the world – safer. As I have written elsewhere, the myth that capital punishment – in this instance for an old man at the tail-end of a tortured existence in “hell-on-earth” Holman prison – provides deterrence, is an outmoded shibboleth. No mentally disturbed person intent on a bombing rampage will be dissuaded by Alabama prosecutors’ tri-decade pursuit of Moody’s execution. (As the Tuscaloosa News editorialized in a piece titled “Attempts to carry out the death penalty have gone from bad to worse”: “Thirty years is a long time to wait to die, but the State is persistent. Alabama has spent a lot of money and a lot of energy to usher out these old and infirm inmates before nature takes its course.”)
Additionally, and arguably most important, Alabama’s unrelenting desire to exact violent vengeance for the deaths of Judge Vance and Attorney Robinson is improper because of: (1) who these champions of justice were, their respective legacies of honor, and the principles of equality their lifework embodied; and (2), because it is undesired by the people whose opinion should matter the most – the family members of the victims – who have spoken publicly about this.
A crusader for civil rights in the segregated South, Robert Robinson served on the executive board and as general counsel of the NAACP, and so it seems certain he would not favor the death penalty – for Moody, or for anybody – the practice having been hewn from the hell of slavery, subjugation and the suffering of black people. Interviewed for a 2016 essay called “Celebrating Black History: Remembering Robbie Robinson,” Robinson’s widow, Ann, “says she may never know the reason why her husband lost his life to such a heinous crime but she harbors no ill feelings towards Moody. Instead, she’s focused on keeping [her husband’s] memory alive.”
By the same token, Judge Vance’s wife Helen, who was seriously injured as a result of the bombing that killed her husband, told reporters after Moody’s 1991 conviction in federal court that, “she wouldn’t press for a state death-penalty case” (Helen Vance died in 2010). And recently, in March, Robert Vance, Jr., Judge Vance’s son and a circuit judge in Alabama, told a news reporter: “We achieved peace when [Moody] was convicted,” later saying “he’s not sure what can be gained from the execution of his father’s killer.” This ambivalence and distaste for executing an impotent, likely soon-to-die-anyway old man, would undoubtedly have been shared by his father. For as now-deceased former acclaimed death penalty attorney and law professor Michael Mello wrote about Judge Vance, for whom he clerked, in his book “Dead Wrong: A Death Row Lawyer Speaks Out Against Capital Punishment”: “Judge Vance personally did not believe in capital punishment; if he were a legislator he would vote against it; if he were an executive he would commute death sentences; and if he were a Supreme Court Justice, he might well hold it unconstitutional. Robert Vance’s personal opposition to capital punishment was genuine and heartfelt . . . . He did not believe that the death penalty was a proper form of punishment[.]”
Which brings us full-circle to the questions I posed earlier: Why is Alabama intent on killing an octogenarian who can no longer hurt anyone? And, who on God’s good earth will benefit from such ghastliness?
For as renowned Christian author, ethicist, and theologian Lewis Smedes once powerfully observed: “The problem with revenge is that it never evens the score. It ties both the injured and the injurer to an escalator of pain. Both are stuck on the escalator as long as parity is demanded, and the escalator never stops.” This is why Sir Francis Bacon once counseled that “[i]n taking revenge, a man is but even with his enemy; but in passing it over, he is superior.”
If Alabama does not spare Mr. Moody, this time-tested wisdom, together with whatever honor and capacity for human dignity that exists within the office of Alabama’s governor, its Department of Corrections, and its Office of the Attorney General, will be lost.
Stephen Cooper is a former D.C. public defender who worked as an assistant federal public defender in Alabama between 2012 and 2015. He has contributed to numerous magazines and newspapers in the United States and overseas. He writes full-time and lives in Woodland Hills, California. Follow him on Twitter @SteveCooperEsq