“THE LAST BATTLE”

By: J. Mark White, Esquire

THE INTERNATIONAL ACADEMY OF TRIALLAWYERS DEAN’S ADDRESS

APRIL 4, 2016WASHINGTON, D.C.

A Publication of the International Academy of Trial Lawyers

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PROLOGUE

Mr. President, Fellows of the Academy, friends, family, and other distinguished guests:

One year ago, while we were still applauding the magnificent Dean’s Address given by Noël Ferris, Carol Ann, who brings joy into my life every day, turned to me and said: “You are in deep trouble.” With such inspiration, my year as Dean began; today, it ends.

Our Academy bylaws provide that the Dean of the Academy has but one job: to “address the annual meeting on a subject of his or her choosing relevant to advancing the rule of law and trial advocacy.”

In what has been a professionally stressful year, working on this Address has been a magnificent oasis where I could retreat, read, and reflect. That respite saved my life.

I am indebted to the former Deans of the Academy whose encouragement and advice have been invaluable. I am especially indebted to two lawyers at our firm, Linda Flippo and Kitty Brown, and if there is anything in this that is coherent, they get all the credit.

To each of you, my sisters and brothers of the International Academy of Trial Lawyers, I am more appreciative than you realize for this year as Dean.

For me and countless others, you are all Stonecatchers.

THE LAST BATTLE

Writer and historian Jay Winik describes April of 1865 as perhaps “the most moving and decisive month not simply of the Civil War, but, quite likely, in the life of the United States.”1

April 16, 1865 was Easter Sunday. It was seven days after General Lee surrendered the Army of Virginia to General Grant at Appomattox, and only one day after President Lincoln died from his wounds. Both of these facts – the surrender by Lee and the assassination of President Lincoln – were totally unknown to the Union or Confederate forces that were assembled for battle along the banks of the Chattahoochee River.

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The Chattahoochee River divides Alabama and Georgia at the city of Columbus, Georgia, and what was then the town of Girard, Alabama, now known as Phenix City.

The Battle of Columbus commenced that Easter Sunday, and by the next day, Columbus and Girard were left in ruins. Crops, foundries, warehouses, food stocks, textile mills, and factories had been torched. The defensive earthworks constructed by Confederate forces on the Alabama side of the river along Summerville Road had been overrun and abandoned except for the dead. The Battle of Columbus is viewed by most historians as the last major land battle of the Civil War.

Eighty-five years later, that series of earthworks on Summerville Road – where you see the red star on the map - was occupied by a different young ensemble of combatants, whose homes surrounded and occupied what once was a battlefield.

That red star is where I lived from 1950 to the early 1970s, in a home built by my great-grandfather in the late 1800s. Those battlefield earthworks of 1865 became the playground for me and my buddies.

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As young boys, we constantly engaged in “war games” on this historic battlefield. Constructing forts and devising battle strategies occupied our childhood imaginations in countless days of mock combat reenactments.

Depending on the day of the week and the whim of the participants, you could be designated during that time as a Confederate soldier, a Union soldier, an American G.I., a Japanese soldier, a German soldier, a cowboy, or an Indian. I know that sounds confusing, but your role as a participant was dictated by who was older, stronger, or owned the toys and equipment. Kids with limited economic means or less physical ability learned early that assignment to one of these roles was arbitrary and unfair. We learned early on that prejudice and its resulting station in life is not necessarily a fair or logical process. However, spending a day being an Indian, a German soldier, a Japanese soldier, or heaven forbid, a Yankee, instilled in me a certain sense of tolerance.

THE RISE OF PHENIX CITY

While we played our childhood games on Summerville Road, just down the road in downtown Phenix City, more dangerous games were being played.

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Even though gambling and prostitution were technically illegal in Alabama, those enterprises served as the foundation of Phenix City’s economy and made the city a beacon for the soldiers stationed just across the Chattahoochee River at Fort Benning.

My childhood hometown has been described by one author as “an unending series of night clubs, honky tonks, clip joints, B-girl bars, whorehouses, and gambling casinos.”iv That may sound extreme sitting in this elegant ballroom in Washington, D.C., but no one who lived in Phenix City during those days would have found it an exaggeration.

It was so bad that at one point General George Patton threatened to send tanks to destroy the main artery used by Fort Benning soldiers to enter Phenix City. Secretary of War Henry Stimson declared “Phenix City is the wickedest city in the United States.”v

Until the middle of the 1950s, my childhood friends and I were oblivious to the fact that we lived in the “wickedest” city in the United States. We went to school and attended church, not realizing that our hometown was controlled at all levels by a syndicate of people who had completely corrupted the government and abandoned the rule of law.

In 1950, Phenix City businessman Hugh Bentley, shown second from the right, created the Russell Betterment Association – the RBA – to try and combat the vice and corruption running rampant in our hometown.vi

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Local attorney Albert Patterson, second from the left, supported Bentley’s efforts to rally the good people of Phenix City, but the local crime syndicate did not intend to go down quietly.

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The syndicate had no qualms about using violence.

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In January of 1952, 36 sticks of dynamite reduced Bentley’s home to rubble. While Mr. Bentley was not home, his wife and children were.ix Miraculously, no one was killed or severely injured. No suspects were ever arrested, much less prosecuted.

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Undaunted, Mr. Bentley and his group of reformers carried on, but at an even greater risk to their personal safety.

In the May 1952 elections, Mr. Bentley, his 16-year-old son, and a fellow member of the RBA named Hugh Britton, went to a polling place to watch for voter fraud. They were attacked and violently beaten. A photographer preserved that attack.

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Only one person was arrested and his punishment was a small fine.

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Still, Mr. Bentley believed in his community. (Video clip)

Mr. Bentley, after these constant acts of terrorism, these threats against yours and your family’s life, why did you and why do you continue to live in Phenix City?

We feel like that there is more good in the community than there is evil. We are basing all our strength of faith in the good of our community hoping someday that they will rise up and throw off this ugly reputation that has, our town has had for the past hundred years … I feel like that it’s a dirty, filthy coat that I inherited from my father that I don’t want to hand down to my children.xii

Hugh Bentley was a Stonecatcher.

While the reform movement grew, it was apparent that it would require statewide support to succeed in rooting out and exterminating the den of inequity so deeply entrenched in that town. To that end, Albert Patterson ran for state attorney general on a platform of cleaning up Phenix City. In June of 1954, following a campaign replete with attempts to corrupt and influence the process, he won election statewide by 1,400 votes.xiii

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With this victory, the evil forces in our hometown knew that for the first time they were truly in peril. They would stop at nothing.

Shortly before 9:00 p.m. on June 18, 1954, Albert Patterson was leaving his law office to go home to his wife and family. Before turning the lights off, the sixty-year-old attorney, who was partially disabled from a World War I injury to his right leg, placed 75 signed thank-you notes on his secretary’s desk.xv

Patterson limped down the stairs of the building and closed the door behind him. As he turned toward his car parked in the adjoining alley, gunshots rang out. A few seconds later, Patterson collapsed on the sidewalk and died.xvi

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Among the papers found on Patterson’s desk was the quote most often attributed to Edmund Burke: “All that is necessary for the triumph of evil is that good men do nothing.”xix

Albert Patterson – soldier, community leader, lawyer – lived and died a Stonecatcher.

On the night of Mr. Patterson’s murder, Alabama Governor Gordon Persons immediately sent General Jack “Crack” Hanna to restore order to Phenix City. By July 22nd, the governor had declared martial law and General Hanna and his several hundred forces moved into and took control of Phenix City. The town remained under martial law until early 1955.xx

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The corrupt sheriff and all law enforcement officials were removed and replaced with military forces who seized and destroyed all of the slot machines, gambling equipment, and illegal liquor. They patrolled the streets 24 hours a day to provide a safe environment for Phenix City’s citizens.

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Phenix City was put off limits to the soldiers at Fort Benning.

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A special grand jury was empaneled and in the course of seven months, in a city with less than 22,000 inhabitants, 749 indictments were issued against 152 people. Special judges were brought in to hear the evidence against those charged.xxiv

Among the indicted were top officials charged in the assassination of Albert Patterson – the Chief Deputy Sheriff, Albert Fuller, seen on the left at the scene of Patterson’s assassination - the local District Attorney, and the sitting Attorney General. Fuller was convicted and sentenced to life in prison. The District Attorney was acquitted and the sitting Attorney General avoided prosecution by checking into a mental hospital.xxvi

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The rule of law was restored.

For me and my friends, this period of our lives played out in a unique and compelling fashion.

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Our home was situated between Mr. Ritter, who became a member of the special grand jury, and Mr. Cook, who owned two nightclubs and profited from our city’s tarnished reputation.

Mr. Cook’s son, one of our playmates, had the best toys and the best Army surplus equipment that we all took advantage of in our war games. We believed the adults when they told us that the slot machines that we saw stored in the basement were juke boxes.

Mr. Cook was indicted by that special grand jury and convicted for a murder that had been ignored for years.

Across the street from our house lived the Gunters, who were part of Mr. Bentley’s RBA clean up movement. Our house was in a unique location because for some period of time the Gunter kids could not play in the Cook’s yard and the Cook kids could not play in the Gunter’s yard.

The same situation existed at other houses on our street, except for ours. Everyone could play in our yard. We were the Switzerland of Summerville Road.

While on the one hand we were playing games, on the other hand we were immersed in a very strange reality. We spent our days playing war against imaginary foes, only to look up and see real military forces occupying our neighborhood and arresting our neighbors.

There were tears and fears in everyone’s houses, and we all had ingrained in our minds forever the personification of those tears and fears. The weeping for the victims, like the Patterson family. But the weeping was not just confined to tears shed for the victims. Those who were convicted went to jail and their families, like the Cook family, were decimated. It was hard to find a family that hadn’t been affected in some way. There was no shortage of fear. There was no shortage of pain.

By the time I was 10 years old, I had a working knowledge of the grand jury process. I knew the difference between murder and manslaughter, and the difference that could be made in the lives of the citizenry when civility, integrity, courage, and decency were compromised by hate, fear, and corruption.

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SEGUE TO VIETNAM

When martial law ended, what had been called “the wickedest city” became a pretty boring place to live. In fact, within two years, Phenix City was named an “All-American City.”

We continued to play our games on those earthworks until we got driver’s licenses at 16. Within months, instead of years, we went from the fantasy of war games in our backyard to the reality of war in a country called Vietnam.

Fort Benning grew to 80,000 soldiers. That expansion meant that our new neighbors were more likely to be military families than mill workers.

In the first major ground engagement involving U.S. forces in Vietnam, the United States suffered significant losses. The tragic news of those losses came to our community on a daily basis. Because the U.S. Army did not yet have an appropriate method of notifying the next-of-kin of the death of a loved one, such devastating news arrived via a telegram delivered to your door by a Yellow Cab taxi driver.

It was thoughtless at best and callous at worst.

Eddie, one son of Phenix City, was drafted, completed boot camp and accelerated infantry training at Fort Benning, sent to Vietnam, and died for his country. His mother received notice of his death before she got his first letter home.

Julia Compton Moore, an Army daughter, wife, and mother, channeled her frustrations into efforts to reform that system. She took her complaints all the way to the Pentagon. She accompanied those cab drivers on their missions, grieving with these military families, until the Army took note of the situation.xxviii

The results of her determined efforts are the survivor support and notification networks still used today. She restored integrity, decency, and civility to the process. xxix

Julia Compton Moore was a Stonecatcher.

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During this time our legal knowledge in Phenix City expanded even more, principally as a result of the Fort Benning trial of Lt. William Calley.

On March 16, 1968, a group of American soldiers attacked the village of My Lai. Anticipating that they would find the armed 48th Viet Cong battalion, they found instead almost exclusively old men, women, and children. Despite this unexpected discovery, American soldiers were ordered to kill all of the inhabitants of My Lai, including somewhere between 175 and 400 Vietnamese civilians who had the misfortune to be present in the village that fateful day.xxx

That massacre was concealed for more than a year until letters were written by a helicopter gunner named Ronald Ridenhour.

Although not an eyewitness to the events, Ridenhour had heard numerous stories about the massacre from friends while serving in Vietnam.

Instead of doing nothing, Mr. Ridenhour gathered extensive facts and interviewed participants and witnesses.

When he returned to the United States, he sent 30 letters to congressmen and to the Pentagon detailing what he had learned.xxxi His efforts led to a military probe of a massacre which could have remained under wraps otherwise.

Ronald Ridenhour was a Stonecatcher. The Ridenhour Prize, given for courage and truth-telling, is named in his honor.xxxii xxxiii

Eventually, criminal charges were brought and Lt. William Calley was tried at Fort Benning. The My Lai massacre and Lt. Calley’s trial changed the American attitude about the war in Vietnam forever.

Each of these events shaped my life and the views that I’ve brought forward into my practice and frankly, into this Address today. They are the reasons I decided to become a lawyer.

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There’s a wonderful rule in the Academy that we don’t talk about our cases. That rule allows me to fast forward from my law school graduation in 1974 to today. But suffice it to say - like others here – during that time period, I have done some lawyering.

FEAR AND HATE

It seems fitting and appropriate to me that we are here in the month of April, more than 150 years further along in time than the last battle of the Civil War and over sixty years since the Phenix City clean-up occurred in my hometown.

The two subjects I want to address with you today – while they transcend time and events – present the same threats to our system of justice – and particularly to the criminal justice system – that I experienced in my formative years.

The first subject I want to speak to is how the politics of hate have invaded our justice system such that we stand in jeopardy of having justice based on hate. Hate is really about fear, but we lawyers need our own word so we talk about “civility.”

Attorneys and judges are no longer viewed as guides through hard times and guardians of justice. Instead, the public is skeptical of us, of our motivations, of our judicial decisions.

One thing is clear: far too much of the general public views our profession as ethically bankrupt and lacking a moral compass.

One constant refrain is the lament about the lack of civility. In states where our judges gain their robes through partisan elections, how can we improve the situation as long as the aspirants for our state’s highest courts insult each other and the ethical mandates of our profession with their campaign rhetoric?  How are the rest of us anything other than hypocrites when we pay for that rhetoric with our campaign contributions?

Civility only occurs when those in positions of power and leadership practice as well as preach civility.

We cannot ignore what Matthew 23 calls the “more important matters of the law—justice, mercy and faithfulness.”xxxiv

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I suggest a simple test for civility, and I suggest it works. If you can explain what you wrote or said in a satisfactory manner to both your legal mentor and your own mother, chances are you are succeeding in advancing the cause of civility in our profession.

As lawyers and judges, we are privileged to be part of a profession which is guided by codes of ethical conduct. I think it is time we recognize that the disciplinary rules only establish minimum allowable standards below which no lawyer or judge should fall. Our code of conduct is a floor, not a ceiling. It is time we assume responsibility for the public perception of our own profession. Neither the bench nor the bar is singularly responsible for this current state of affairs, but neither is without blame. It is time for each of us individually to accept those challenges and responsibilities and work to leave our profession better than we found it.

We do not need political decisions and political strategy and political rhetoric based on fear and hate to replace legal decisions and legal strategy based on the application of the rule of law. We need strong voices to come from our legal ranks and say: enough.

In the toughest of times in our nation’s past, in times of hate, in times of war, there were civil, intelligent, and honest communications that turned hate into hope.

If General Lee and General Grant could maintain civility in their exchange of letters that ended the Civil War,xxxv why can we not rise above the politics of hate that too often permeates our culture?

If Dr. King – who was assassinated 48 years ago yesterday – could write graciously of a passionate – yet peaceful – battle against injustice while wrongfully confined in a Birmingham jail cell,xxxvi why can we not unite our voices to call for meaningful progress against the demons of our day? Dr. King’s poignant words to Birmingham’s religious community were not loud or angry. They did not communicate hatred. They communicated courage in the face of fear.

As lawyers we have to determine: are we acting out of fear because we’re afraid of losing a case? Are we afraid of losing an election or a nomination? Are we afraid of doing something with risk in favor of doing nothing with less risk? Has the “Us vs. Them” prejudice that is a part of our profession made some of us simply afraid to do the right thing?

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The other subject I address today overlaps the concern I just raised - after 42 years of practice, I have had to confront and accept that the perception of our criminal justice system and how it works is not the reality of what is actually happening on the ground.

As a sitting federal appellate judge recently observed:

Although we pretend otherwise, much of what we do in the law is guesswork. For example, we like to boast that our criminal justice system is heavily tilted in favor of criminal defendants because we’d rather that ten guilty men go free than an innocent man be convicted. There is reason to doubt it, because very few criminal defendants actually go free after trial. Does this mean that many guilty people are never charged because the prosecution is daunted by its heavy burden of proof or is it because jurors almost always start with a strong presumption that someone wouldn’t be charged with a crime unless the police and the prosecutor were firmly convinced of his guilt? We tell ourselves and the public that it’s the former and not the latter, but we have no way of knowing.xxxvii

This is not a new concern. In 1940, U.S. Attorney General Robert H. Jackson noted, “[t]he prosecutor has more control over life, liberty, and reputation than any other person in America.” Indeed, “[w]hile the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.”xxxviii

So overlaid with this problem of perception versus reality in our criminal justice system is the current reality that prosecutorial misconduct exists. We had prosecutorial misconduct in Phenix City during my childhood, to be sure – it was necessary for such a level of corruption to thrive.

I don’t know of a speedier way to incense a prosecutor than to bring up the term “prosecutorial misconduct” and I understand why. The term challenges the ethics and honesty of their chosen direction in life, as well as their personal and professional integrity.

But this is the real world, and we must name and identify these problems if we have any hopes of finding solutions. And prosecutorial misconduct, my friends, is a real world problem.

Some cases are immediately recognizable - the Duke lacrosse travesty, the illegal conviction of U.S. Senator Ted Stevens, and the Danziger Bridge shooting cases out of New Orleans.

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One example that might not be as recognizable to you is perhaps the most painful to me: State of Alabama v. Anthony Ray Hinton.

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In 1985, a Birmingham fast food restaurant was robbed and its two managers killed. There were no eye witnesses, no fingerprints, no suspects, but a lot of public pressure.

At a robbery some months later, a manager was shown a photo line-up and identified Mr. Hinton as the shooter, even though Mr. Hinton was working in a locked warehouse 15 miles away when the crime was committed.

The police seized an old revolver from Mr. Hinton’s mother, and a state firearms examiner said it was the gun used in all 3 shootings.

Regrettably, Mr. Hinton did not receive effective assistance of counsel at trial because his counsel mistakenly believed there were no funds available to hire a competent firearms expert.

Anthony Ray Hinton was convicted and sentenced to death. Eventually Mr. Hinton’s conviction was set aside based on ineffective assistance of counsel and a new trial was ordered.

However, the ultimate, egregious injustice for Mr. Hinton was that the state insisted on leaving Mr. Hinton on Death Row for twelve years after they learned the forensics on which he was convicted were fatally flawed.

Appropriate testing of the firearm and crime scene bullets confirmed that those bullets could not be a match to the weapon seized from Mr. Hinton’s mother.

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Mr. Hinton was released, after 30 years on Death Row, just last year.xl

This problem goes far beyond Alabama. In case after case, it has become apparent that a “win at all costs” mentality has invaded our system and is in some cases corrupting the results. Research conducted by the Innocence Project revealed that of the first 255 DNA exoneration cases, over 25% of them involved prosecutorial misconduct.xli

Regrettably, there is a lack of accountability.

Professor Bennett Gershman, a former prosecutor and current law professor at Pace Law School, noted in his leading treatise on prosecutorial misconduct:

Restraints on prosecutorial misconduct are either meaningless or nonexistent. Relatively few judicial or constitutional sanctions exist to penalize or deter misconduct; the available sanctions are sparingly used and even when used have not proved effective. Misconduct is commonly met with judicial passivity and bar association hypocrisy. This judicial and professional default is not easily explained.xlii

The damage inflicted by this misconduct is real and life-altering.

Unfortunately, because some prosecutors and judges are more concerned with the law of politics than the rule of law, or the rights of the individual citizen, there is no current real recourse or accountability.

The politics of fear and hate have invaded our criminal justice system to the point that I am concerned that we are moving toward the justice of hate.

If everyone goes to scorched earth in order to win, it’s difficult to fine-tune the kill zone.

As we are assembled here today, people who have condoned or ignored this conduct of win at any cost are either people who lack the courage of their convictions or who lack convictions all together.

Their fear, the fear that motivates them, is different. It is tragic, but it is a reality and not merely a perception. It is the fear of a coward.

So what then do we do? How do we act or react to keep our current criminal justice system from becoming ethically and morally corrupt?

First, we have to eliminate fear.

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“WHAT I FEAR WILL NOT GO AWAY”

Lou Eisenbrandt, wife of our fellow Academy member Jim, joined the Army to “see the world.” She spent a year at the 91st Evac Hospital in Vietnam, using her skills as a registered nurse to treat soldiers, civilians, and even the enemy.

Lou penned this poem, “What I Fear Will Not Go Away,” which I found fitting for our time together this morning:

Fear this? Fear tomorrow’s advancing demons?Sure! But what’s to be done?

Grab fear and uncertainty by whatever presents itselfHang on ‘til life is wrestled from its grasp.

Take its energy; change its directionTurn it within; transform it to hope.Keep advancing and leave fear to find a new home!xliii

STONECATCHERS

How do we advance when fear will not go away? How do we force fear to find a new home? How do we work for justice and advance the rule of law in a time of unprecedented incivility and hate in our society?

How do we throw off those dirty, filthy coats that we have inherited, and ensure that we do not pass them along to our own children?

There are many stones being thrown today. Stones of hate, distrust, dishonesty, and despair. Stones of economic inequality, racism, and just plain meanness. In a world that’s full of those throwing stones, I propose that we must be Stonecatchers instead.

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“Stonecatcher” is a term used by my friend Bryan Stevenson, who is the founder of the Equal Justice Initiative in Montgomery, Alabama. He is the lawyer, the Stonecatcher if you wish, who delivered Mr. Hinton from Alabama’s Death Row after 30 years.

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Bryan uses the term “Stonecatcher” in his writings, and it comes about as a result of an experience he had in a case in Louisiana.

Bryan encountered an elderly lady in a courthouse one day. He had seen this lady several times in his many visits and assumed that she was a relative of one of his clients. She was not.

She told Bryan her story of how her 16-year-old grandson had been murdered 15 years earlier. The two young boys who killed him were sent to prison forever. She thought that would make her feel better, but it made her feel worse.

As she sat in the courtroom after the defendants were sentenced, crying, a woman came over to her, embraced her, and sat with her for two hours.

She said that she now comes to the courthouse every day simply to comfort others.

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She told Bryan:

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That was an epiphany for Bryan and Bryan, frankly, has been an epiphany for me.

The issues I have raised today will not be resolved until we accept some fundamental and basic principles that Bryan Stevenson has embraced.

As he set out in his book, Just Mercy: we work in a broken system of justice.

My clients were broken by mental illness, poverty, and racism. They were torn apart by disease, drugs, alcohol, pride, fear, and anger… We are all broken by something. We have all hurt someone and been hurt. … We have a choice. We can embrace our humanness, which means embracing our broken nature and the compassion that remains our best hope for healing. Or we can deny our brokenness, forswear compassion, and, as a result, deny our own humanity…. But simply punishing the broken – walking away from them or hiding them from sight – only ensures that they remain broken and we do, too. There is no wholeness outside of our reciprocal humanity.xlvi

And so, my friends, I urge you to reflect upon the lessons of the Stonecatchers who have impacted my life.

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Bryan Stevenson is a Stonecatcher. Ronald Ridenhour and those who exposed the atrocities of the My Lai massacre were Stonecatchers. Julia Compton Moore, the mother of the modern U.S. Army casualty notification protocols, was a Stonecatcher. Phenix City’s Albert Patterson, Hugh Bentley, and their families caught more than their share of stones, too. And we have many Stonecatchers working in our Academy.

Bryan’s words ring as true today as they would have 150 years ago in Phenix City, in Alabama, in Syria, in China, in Canada, in Ireland, in Washington, D.C., in anywhere and everywhere this Academy touches. “Each of us is more than the worst thing we have ever done.”xlvii

We are all sisters and brothers of this Academy, but we are not just lawyers.

We are – and must be – more.

May we all continue to look for ways to be better Stonecatchers in our professional and personal lives as we battle the mighty challenges before us.

Together, we will prevail.

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i Jay Winick, April 1865: The Month That Saved America, Harper Perennial, 1st Edition (2006).

ii Charles A. Misulia, Columbus Georgia 1965: The Last True Battle of the Civil War, University of Alabama Press, 1st Edition (2010).

iii The Phenix City Story, Allied Artists Pictures Corp., released August 14, 1955.

iv Alan Grady, When Good Men Do Nothing: The Assassination of Albert Patterson, The University of Alabama Press (2003).

v Edwin Strickland and Gene Wortsman, Phenix City, Vulcan Press, Inc., (1955).

vi Pearl Whatley Mitchell, Hugh Bentley, Russell County Historical Commission found at: http://www.encyclopediaofalabama.org/article/h-2395.

vii Image pulled from: https://www.google.com/search?q=hugh+bentley+albert+patterson+hugh+albritton+photo&espv=2&biw=1091&bih=1379&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwja_s2L347MAhVLFT4KHSyVAj4QsAQIGw#imgrc=0pgoe4lWPHtOzM%3A.

viii Image pulled from: http://iml.jou.ufl.edu/projects/fall02/bauldree/images/bomb.jpg.

ix Brian Mosely, Fighting corruption in Phenix City, Times-Gazette (2005) found at: http://www.t-g.com/story/1131257.html.

x Life Magazine, October 4, 2954, p. 47; image pulled from: https://books.google.com/books?id=X1IEAAAAMBAJ&printsec=frontcover#v=onepage&q&f=false.

xi Image pulled from: https://www.google.com/search?q=image+guardsmen+outline+phenix+city+police+headquarters&espv=2&biw=1091&bih=1379&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwiG96L88Y7MAhUHGz4KHZ5MA0IQsAQIVg#tbm=isch&tbs=rimg%3ACfxSF-_1EIP9JIjgNNivJLzANJQ7227hNhyXVcwrZ8hnEC-kuKeDPmUAJWdLsB94FxGXkDSqp1Kgx3PMb6Rg58IAJKioSCQ02K8kvMA0lEWtSSeSd8lDDKhIJDvbbuE2HJdURrD1O77KcRSwqEglzCtnyGcQL6RG4PxSxlveB3yoSCS4p4M-ZQAlZEQZC9mK9Ss5WKhIJ0uwH3gXEZeQR_1HQzxujayH0qEgkNKqnUqDHc8xG8daqtPjRiLyoSCRvpG-DnwgAkqEQAimSpAEIrh&q=national%20guardsmen%20patrol%20phenix%20city%201954&imgrc=mdrsm9xvab_BkM%3A.

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xii Interview of Hugh Bentley by Cleve Roberts uploaded to YouTube by Ace Atkins Books and found at https://www.youtube.com/watch?v=Mjc09Q8NWOg.

xiii James Joyner, Outside the Beltway citing a Columbus Ledger Enquirer 2002 interview with former Alabama Governor John Patterson: http://www.outsidethebeltway.com/albert_patterson_assassination_plus_50/.

xiv Image pulled from: https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwi_yLvw6I7MAhXFaz4KHcECDKcQjRwIBw&url=http%3A%2F%2Fwww.encyclopediaofalabama.org%2Farticle%2Fh-1431&bvm=bv.119408272,d.cWw&psig=AFQjCNFnZnkzk-jLnAfyxJv8EVs-wk1uag&ust=1460747025778372.

xv Alan Grady, When Good Men Do Nothing: The Assassination of Albert Patterson, The University of Alabama Press (2003).

xvi Id.

xvii Image pulled from: http://media.al.com/alphotos/photo/2014/08/14/albert-patterson-with-canejpg-62fe1097ed31d16a.jpg.

xviii Image pulled from: https://www.google.com/search?q=image+of+albert+patterson+with+a+cane&espv=2&biw=1091&bih=1379&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwi12N_B7Y7MAhXDWz4KHa_hAkcQsAQIGw#imgrc=hnAu5qW3_Nfw9M%3A.

xix Alan Grady, When Good Men Do Nothing: The Assassination of Albert Patterson, The University of Alabama Press (2003).

xx Id.

xxi Life Magazine, October 4, 2954, p. 49; image pulled from: https://books.google.com/books?id=X1IEAAAAMBAJ&printsec=frontcover#v=onepage&q&f=false.

xxii Alabama Guardsman Vol. VI 2015, p. 18.

xxiii Image pulled from: https://www.google.com/search?q=hugh+bentley+albert+patterson+hugh+albritton+photo&espv=2&biw=1091&bih=1379&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwja_s2L347MAhVLFT4KHSyVAj4QsAQIGw#imgrc=_FIX78Qg_0nR1M%3A

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xxiv Margaret Anne Barnes, The Tragedy and the Triumph of Phenix City, Mercer University Press, 1st Edition (1999).

xxv Alabama Guardsman Vol. VI 2015, p. 18.

xxvi Alan Grady, When Good Men Do Nothing: The Assassination of Albert Patterson, The University of Alabama Press (2003).

xxvii Alabama Guardsman Vol. VI 2015, p. 18.

xxviii Kristin Henderson, While They’re at War: The True Story of American Families on the Homefront, Houghton Mifflin Company (2006).

xxix Image pulled from: https://www.google.com/search?q=image+of+julia+compton+moore&espv=2&biw=1091&bih=1379&tbm=isch&imgil=_7Zbpn5IxvEdqM%253A%253BK85sTwtH-Ju1XM%253Bhttp%25253A%25252F%25252Fwww.military.com%25252FNewContent%25252F0%25252C13190%25252CGalloway_042104%25252C00.html&source=iu&pf=m&fir=_7Zbpn5IxvEdqM%253A%252CK85sTwtH-Ju1XM%252C_&usg=__N8gPtmcPSJ1CeANVARs7yjcNNkE%3D&ved=0ahUKEwiF8evPzJPMAhUGMj4KHW-JAH4QyjcIOQ&ei=DWsSV8W2D4bk-AHvkoLwBw#imgrc=_7Zbpn5IxvEdqM%3A.

xxx Encylopedia.com found at: http://www.encyclopedia.com/topic/My_Lai_incident.aspx (referencing Joseph Goldstein, et al., eds., The My Lai Massacre and Its Cover‐up: The Peers Commission Report with a Supplement and Introductory Essay on the Limits of Law, (1976) and Guenter Lewy, America in Vietnam, (1978)).

xxxi See: https://en.wikipedia.org/wiki/Ronald_Ridenhour.

xxxii Found at: http://www.ridenhour.org/about_our_prizes.html.

xxxiii Image pulled from: https://www.google.com/search?q=image+ronald+ridenhour&espv=2&biw=1091&bih=1379&tbm=isch&imgil=pARBVgL8CmLszM%253A%253B4N4iGLHqxLO2nM%253Bhttp%25253A%25252F%25252Fwww.oexplorador.com.br%25252Fronald-ridenhour-jornalista-que-integrou-as-forcas-americanas-na-guerra-do-vietna%25252F&source=iu&pf=m&fir=pARBVgL8CmLszM%253A%252C4N4iGLHqxLO2nM%252C_&usg=__vE3822_2fEBmPbdPqgSqFlwnulg%3D&ved=0ahUKEwiRo7rDzZPMAhWGyT4KHYjCAAQQyjcIJw&ei=_2sSV9GnK4aT-wGIhYMg#imgrc=pARBVgL8CmLszM%3A.

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xxxiv Matthew 23:23 – “Woe unto you, scribes and Pharisees, hypocrites! For ye pay tithe of mint and anise and cummin, and have omitted weightier matters of the law, judgment, mercy, and faith: these ought ye to have done, and not to leave the other undone.” (King James Version).

xxxv Civil War Trust, Grant & Lee: The Surrender Correspondence at Appomatox, found at: http://www.civilwar.org/battlefields/appomattox-courthouse/appomattox-court-house-history/surrender.html?referrer=https://www.google.com/.

xxxvi The Martin Luther King, Jr. Research and Education Institute, Letter From a Birmingham Jail, found at: https://kinginstitute.stanford.edu/king-papers/documents/letter-birmingham-jail.

xxxvii Hon. Alex Kozinski, Criminal Law 2.0, 44 Geo.L.J. Ann.Rev.Crim.Proc (2015).

xxxviii Robert H. Jackson, The Federal Prosecutor (Address, Second Annual Conference of United States Attorneys, April 1, 1940) found at: https://www.justice.gov/sites/default/files/ag/legacy/2011/09/16/04-01-1940.pdf.

xxxix Image pulled from: https://www.google.com/search?q=anthony+ray+hinton&espv=2&biw=1091&bih=1379&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwixiYTw1JPMAhVIOz4KHTkiA9YQiR4IeA#imgrc=lYD6j7_z6Rk45M%3A.

xl Equal Justice Initiative, Equal Justice Initiative Wins Release of Anthony Ray Hinton, http://www.eji.org/deathpenalty/innocence/hinton.

xli Dr. Emily M. West, Court Findings of Prosecutorial Misconduct Claims in Post-Conviction Appeals and Civil Suits Among the First 255 DNA Exoneration Cases, (October, 2010)

xlii Bennett L. Gershman, Introduction to First Edition to Prosecutorial Misconduct, Thompson Reuters, 2nd Edition (2014), vi.

xliii Lou Eisenbrandt, Vietnam Nurse: Mending & Remembering, Deeds Publishing (2015).

xliv Image pulled from: https://www.google.com/search?q=anthony+ray+hinton&espv=2&biw=1091&bih=1379&tbm=isch&tbo=u&source=univ&sa=X&ved=0ahUKEwixiYTw1JPMAhVIOz4KHTkiA9YQiR4IeA#imgrc=kkJNAJ9DfiA_IM%3A

xlv Bryan Stevenson, Just Mercy: A Story of Justice and Redemption, Spiegel & Grau (2014), p. 308.

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xlvi Id. at pp. 288-290.

xlvii Bryan Stevenson, Just Mercy: A Story of Justice and Redemption, Spiegel & Grau (2014), p. 18.

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