The trial was set for the week before Christmas. We used the Community Center as the venue as it was the only place in town suitable. I acted as the Judge and Kat was the defense council. The prosecutor’s position was handled by Jennifer Moss. She and Dave were planning on getting married in the spring and I was surprised that she volunteered to prosecute the case. She did an excellent job.
We started the trial at 9 a.m. with Jennifer reading the charging document. In this case, a hand-written page alleging that Marvin had attacked, raped, beaten, and left Judy Davis for dead. As in any trial, the prosecution was allowed to go first and present the governmental view of the evidence against the accused. Judy was the only prosecution witness and told her story. She spoke with feeling and emotion and there wasn't a single person who didn't believe her when she identified Marvin as her attacker. Kat presented the defense case after we had broken for a short lunch.
Her side of the story took even less time to present and hinged upon the fact that Marvin had never confessed. She pointed out that there was no physical evidence that directly connected Marvin to the crime and that there was only one witness who identified him. She didn't point out that the witness was also the victim. She knew we all knew she had a losing case. No one would believe Marvin over Judy.
As soon as Kat was finished, I recessed the court for an hour while I made my decision. Everyone was aware this was only a formality. They all suspected I had already made up my mind. They were right; I had but the reason for the recess was to collect my thoughts on how to present my findings and how we should punish Marvin. This was the most difficult part for me. I had avoided thinking of this part for the simple reason that there was only one punishment for this crime. Death. I had to sentence a man to die by execution. Sure, I had killed people before this but in the past it had always been in the heat of the moment. In defending myself or others. This was different, I had to face this man and tell him that we were going to kill him. I couldn't believe how hard this truly was.
The hour passed and, long before I was ready, it was time to present my decision to the court. Everyone stood as I walked back in and sat behind the table I had used as a bench. I told them to be seated; then sat for a minute to collect my thoughts one more time. When I looked up at the gallery I could see the anticipation on the faces of our citizens. They were wondering did I have what it takes to defend them. It's easy when you have to fight an enemy that's trying to kill you. Planning a military style operation’s a piece of cake compared to what I faced at that moment. Did I have what it takes to be cold, calculating and detached? To defend them in the moment when the danger was already past, to do what it takes to insure that future evil is avoided.
I started slow and announced the verdict first, guilty. There was no real surprise there. Everyone had expected that and I think they would have rioted had it been anything else. Then, I started on the penalty phase and I wanted the entire group to understand why I made the decision I'd made. "Now we come to the difficult part," I started. "What to do to ensure this doesn't happen ever again." I looked at Marvin. "Marvin Hamilton, having been found guilty of rape and attempted murder, you are sentenced to death. The sentence to be carried out at dawn, two days from now." Marvin looked bored and didn't comment. I allowed him and the rest of the gallery to sit.
"We are now at a cross roads and are confronted with a quandary. A verdict has been found and a sentence pronounced but how do we carry out the sentence and why death? These are the questions I asked myself and I want all of you to know why I have come to the conclusions I've reached." I paused a moment, then continued, "We do not have the ability for long term imprisonment. It's just not possible. We can't afford to feed a prisoner who isn't pulling his fair share of the load. It has always been our rule; to eat you must work. A prisoner is a drain on our resources we can't afford." After another short pause, "We do not have the facilities for a long term detention. What we have been using is not secure enough to ensure the prisoner doesn't escape and it is man power intensive. We have to have two guards sit with the prisoner twenty- four hours a day. That's six men taken from the guard force that are needed to help protect us."
I looked out at the crowd and gave them time to consider what I'd said. After a few moments, I continued, "If imprisonment isn't an option; then there are only two options left. One: banishment. Forcing the guilty to leave the compound and face life out there," as I pointed beyond our wall. "This is almost the same thing as a death sentence but not quite. Mister Hamilton survived for a time alone against the Stinkies and it's possible he could do it again. While it solves our problem of having him outside our compound, it puts any survivors he might come in contact with in the future at risk. If he did this once and was allowed to live I believe he would try it again. I can't live with the possibility that he could cause this kind of harm to another when I could have stopped it."
Once again I paused. "The second and in my opinion only real option is death but that doesn't answer all the questions. Now that the sentence is passed; how do we accomplish the task? Again, there are options. Hanging was used as an execution technique right up until the Event. It is difficult to perform humanely and requires the construction of a gallows. If not done correctly the prisoner is forced to choke to death and it takes a long time to die. I admit I am no expert when it comes to hanging a man and I'm not sure I would know the proper way to accomplish it quickly. I suppose beheading would be an option. While quick and, I can only assume, relatively painless, it’s a very messy technique and I'm sure would be disturbing to the individual tasked with carrying out the execution." I took a deep breath and then a drink from the glass of water sitting on the table. "In my opinion the only form of execution that fits our present circumstances is the firing squad. It’s quick, and therefore as humane as we can possibly make it. Because it’s quick the amount of pain is limited and it accomplishes one thing that some of you may have forgotten. A death by hanging or beheading will not ensure that the prisoner doesn't come back as a Stinky."
That got the attention of some as I heard low murmuring in the gallery as the people discussed this issue. I let them talk for a few moments then continued. "Therefore, it is my decision that any executions that must be performed here in the Dell will be accomplished by a firing squad made up of volunteers from the security detachment. No less than six men will be used and a coup de grace will be accomplished by the detachment commander to ensure the prisoner does not return as one of the un-dead. The deceased will then be immediately buried in a place apart from the place of internment for the law abiding population of the Dell."
This last comment received positive comments from the gallery and I could tell the people approved. I finished with, "I charge Dave Hoskins with finding six volunteers as the firing squad and a detachment commander to ensure that the execution is carried out properly. A location for the execution will be named after proper consideration but I want one thing to be known. We will not conduct public executions. This is an act of justice, not entertainment. I will ask one of our Pastors to administer to the condemned and the victim in the crime will be allowed to witness if she so chooses. I will attend as a witness for the government and one witness for the people will be allowed. No other persons will be allowed in the vicinity of the execution." I looked around the room to see if there were any questions and there were none. "That's all. Court is dismissed,” I said and stood.
The rest of trial day I spent in meetings with Dave and Jim preparing for the execution. It had been during this meeting that Jim made his famous remark about going down a road we can't return from. I knew his meaning and I tried to remain detached but it's difficult when you're discussing killing a man. It’s depressing and we were all feeling it. We finally worked out the details and broke for the night.
The next morning, Dave started work on the execution site. We had decided to use the remaining Hesco containers and build a three sided U shaped redoubt so that the execution would not be observable and t
he dirt filled Hesco would act as a bullet stop. It wouldn't do to have a stray bullet injure an innocent by stander. I still had a hard time coming to terms with the fact that we were really going to do this. It’s just so far from anything I had ever expected to have to do. Well, I guess that's life in our new world.
I spent the rest of the day talking to all the people that were to be involved with the execution. I talked to Reverend Ballard and he said he’d minister to Marvin and stay with him until the end. I thanked him and as I left the Reverend asked if I was okay. I told him I worried about what we were doing. George asked me to sit a moment and he told me that to be a leader was to do things that others couldn't. I nodded and told him that I understood that and had no problem making the hard decisions but this was different. I told him that as a cop I had been involved in shootings and since the Event I couldn't count the number of people I had killed. I told him this was the first time that the thought of killing a man had bothered me. He smiled and told me that was good and I asked how that could be good? He said that the thought of killing Marvin should bother me and that it was good because it showed that, after all we had been through, I hadn't lost my humanity.
George told me that a man in my position had to carry the moral responsibility for the entire group. I asked if he thought we were doing the right thing and he turned serious. "Scott, I'm not sure that killing another human being is ever the right thing. I was not a fan of the death penalty before the Event and it’s a shame that when there are so few of us left that we are planning to kill one of the few survivors. The question you have to ask yourself, is there any other way to deal with this problem?"
"I've thought about nothing else for the last few weeks and I can't see an alternative," I said.
"Then you have your answer. But Scott, I caution you, never take the easy way. The obvious answer is not always the right answer."
I nodded and told him I understood what he said. As I left I told him that I had been accused of a lot of things but doing things the easy way had never been one of them, just ask my wife. He laughed and told me he would be praying for me as well as Marvin. I thanked him and left.
There were still several things I needed to finish that day and I had to get to the next one. I stopped by the EOC and talked to Dave. He informed me the site was nearly finished and that the grave would be dug adjacent to one wall. I asked if he had any volunteers for the firing squad and he said they were in the back room. I told him I wanted to talk to them and he led me to a room in the back of the house. In the room seven of Dave's security men were sitting relaxing. I knew all of them and all sat up and acknowledged me as I entered. Dave explained that Barry Stone would act as the detachment commander. I looked at Barry and he nodded.
Barry is a former soldier and, despite his young age, was one of the guy's that Dave counted on. His six-foot-two inch frame and lean physique leant him a perpetual military air. He was only twenty-seven years old but was mature beyond his years. Dave had promoted him to the platoon sergeant position for first platoon soon after he joined our group. I wasn't surprised he had volunteered. Not because he wanted to be involved with something like this but because he’s a good soldier and always ready to do whatever needed doing. I knew he would do his duty.
I looked around the room making eye contact with each of the volunteers. After making sure I had everyone’s attention, I spoke. "Thank you for volunteering for this duty. This is not like anything you have ever been asked to do. I want all of you to know that you carry no responsibility for what you will do tomorrow. The responsibility is mine and mine alone. You’re following the order of the officers appointed above you and should never feel guilty. This isn’t something I ever thought we would have to do but here it is and we have to deal with it. I know that each of you will perform in a professional and compassionate manner tomorrow. Once again I thank you." I looked at each of them again and could see a quiet determination on each face. I asked if they had any questions and, after they said no, I left. Dave walked out with me and he asked how I was holding up. I told him that I wasn't great but I would be okay. He asked what I intended to do now and I said I wanted to see Judy and Albert Davis. Dave wished me luck and went back in the EOC. I headed up the street to the Davis house.
The Davis household was quiet and I wasn't sure if anyone was at home. I stepped up onto the wide southern style porch and knocked on the door. I prepared to knock again when Judy opened the door. When she saw it was me, she opened the door so I could enter. Dressed for the cold weather in jeans and sweater, her clothes also helped to hide the bruises that were still healing. Where she normally wore her long brown hair up, it was down and flowed over her shoulders. Her hair helped to hide the marks on her neck where Marvin had tried to choke the life out of her. She was still depressed from the ordeal but was in much better shape than her husband. Albert spent most of his day shuffling through his assigned tasks and the evenings were spent sitting at the kitchen table starring at the wall. Judy told me that she and Albert hadn't talked much since the attack. I told her this was an all too common occurrence. Albert felt he had let her down by not protecting her and was embarrassed each time he looked at her because it reminded him of his failure. She nodded her understanding. "I know but it doesn't help me much. I think he’s trying to give me space when what I need is to know he still wants me. That he doesn't consider me to be dirty or spoiled."
I tried to reassure her that her husband would never feel that way about her. I'm not sure I succeeded but she smiled and that let me off the hook. I wasn’t comfortable talking to her about their relationship. No matter how many times I had this conversation with a victim it was always the same. The woman’s damaged and the only thing I could do to help was to catch the piece of shit that had hurt her and see that he was punished. What she needed was the support of her family and that’s all too often the one thing missing.
I asked her if she had considered whether she wanted to attend the execution and she said she would be there. I asked if Albert would be with her and she shook her head no. I told her I would pick her up at 6 a.m. and she could go with me. She told me that would be fine and showed me to the door. I told her that I was sorry for what she’d had to endure and she smiled a sad smile as she told me she appreciated my concern but she would be okay. I hoped that seeing her attacker punished would give her a sense of closure.
I had one more stop before I could go back to the cottage and spend the evening preparing myself for tomorrow. I went by the old Post Office that now served as the Village Office. Jim sat in his office staring out the window. This seemed to be the norm for today. Everyone I had come in contact with seemed distracted, weighed down with thoughts of what came next. The case against Marvin, the attack, and trial. Now the execution and how the act of killing another human in the cold, calculated manner would affect us all. The siege by the Stinkies only added to the stress and it’s a problem we were going to have to deal with sooner rather than later.
It took a half a minute for Jim to recognize my presence after I entered his office. When he finally turned from the window, he jumped, startled that he was no longer alone. "How long have you been here?" he asked.
"Just got here. Didn't want to disturb you. You looked deep in thought."
He nodded. "Yeah, I can't seem to concentrate today."
I told him I understood and that it seemed to be going around. I asked if he had the name of the citizen observer for the execution and he shook his head. He told me that he had talked to a few people but hadn't picked anybody yet. I asked if there had been any volunteers and he said no. No one acted interested in watching. I understood. I wasn't too interested in watching either. He told me then that he would attend as the citizen observer and I told him I appreciated him taking the responsibility. He nodded and went back to staring out the window. As I left I told him that this wasn't on him. It was all my responsibility and he looked from the window. "Scott, it's all our responsibility. We all allowed Marvin in and
we all allowed him to attack Judy. Now we’re all going to kill him. This is a nightmare." With that he turned back to the window.
I left Jim and walked back to the cottage I shared with Kat. The folks I came in contact with during my walk through The Dell were as depressed as I felt. I found Kat in the kitchen fixing our meager dinner as I came through the door. I stepped behind her and put my arms around her, resting my head on her shoulder. She reached back with one hand and stroked the side of my face. After a few moments she turned in my arms so that we were face to face. After putting her arms around me she asked if I was okay. I told her about the conversations I'd had and how everyone’s distracted by the upcoming execution. She told me to sit and we'd eat. Throughout dinner she tried to keep my mind off Marvin. We talked about The Dell and what we were going to do about the Stinkies surrounding us. Trying to be normal in an abnormal world.
As I lay in bed with her that night, staring at the ceiling, I knew sleep would be a long time coming. I kept checking my watch counting down the hours wondering how Marvin would spend his last few hours. I could only imagine how difficult this must be for him.
Chapter 18
More Insanity
Alanis Dumont was quickly losing her grip on reality. She was aware of the loss and it frustrated her. Her sanity wasn’t the only thing she had lost. She had lost the Egyptian, she had lost her greatest discovery, and now she was losing her mind. She hated to lose and the losing caused the uncontrollable rage.
We Go On (THE DELL) Page 20