Journal David Paul Hammer 2003

Journey towards death

 

 

 

 

Navigate by clicking on the links below

 

-March 11, 2003
-March 12, 13, & 14, 2003
-March 15 & 16, 2003
-March 17 & 18, 2003 
-March 19, 2003
-March 20 & 21, 2003 
-April 1-6, 2003
-April 10, 2003


 


March 11, 2003


I have decided to resume my journal as I await my execution. By my own choice, this process will be expedited. For the past year the first stage of my final round of appeals has been underway. Time drags by and I wait. For me the endless years of waiting or, what I should say, the seemingly endless years of waiting have taken a toll on my mental and physical well being. I'm ready for the waiting to be over. This position certainly isn't a new one for me. In the past I have on numerous occasions vacillated over my decision to allow my execution to be implemented without further appeals. In October of 2000 I came within eighteen days of being executed because I had waived my direct appeal and asked for an execution date.

Since that time, the lawyers appointed to represent me worked to find some legal loophole that would spare my life. They have dedicated their lives to fighting in court against capital punishment. I cooperated fully with their efforts, but I've never felt right about it, and anyone who knows me also knows the reservations and internal conflicts I've had to deal with on the issue of whether or not to appeal my conviction and sentence of death.

The truth is it's time for justice to run its course. Under the American system of justice, that means I am to die by lethal injection as ordered by the court upon a recommendation of a jury. A roll of the dice, so to speak, has sealed my fate. Now it's time for me to be set free; death for me equals freedom from 26 years of imprisonment in one cage or another. I'm 44 years old and over half of my life has been spent behind bars.

Another thing to be considered is that for the most part one in prison does not live; he only exists in a limited way. I don't know what awaits me after death, but I choose to believe it has to be better than this. Nope, I'm not suicidal, I'm realistic.

For those who say that I'm volunteering to be executed, I say you are wrong. I am electing to take some control over when and how I will die, and I do so with the full understanding that after that lethal dose of drugs are injected into my veins I will be free of these prison cells. So before you well-intentioned folks start condemning me for this decision, consider the quality of my existence, walk in my shoes, and get a feel for what my life has been. I have written my autobiography, entitled The Final Escape and it chronicles my life. I am hoping to have it published soon.

When I read or hear someone referring to me as a "volunteer," I can't help but wonder where these folks were when Timothy McVeigh dropped his appeals. I never heard one person call him a volunteer. Why was that?

As I write these words, my fellow Federal Death Row inmate Louis Jones is scheduled to be executed one week from today. His clemency petition to United States President George W. Bush has yet to be acted upon. Lou is a decorated veteran who suffers brain damage from his service in the Gulf War of 1991 where he was exposed to poison gases.

I hold out no hope of his actually being granted clemency, but I hope I am wrong. As governor of Texas , Mr. Bush oversaw at least 150 executions, making him "top dog" of all governors ever where executions are concerned. I find it next to impossible to hold out even the possibility that he will commute Louis Jones's death sentence to a sentence of life without parole. Call me crazy, but Mr. Bush has demonstrated an unequaled lack of compassion for anyone or anything and especially for those awaiting execution. Whether it's George Bush in the White House or Jeb Bush in the governor's mansion, those Bush boys do mean business when it comes to executions!

This written record of the time between now and when I'm killed is my way of sharing the thoughts and emotions as they come. I hope that by doing so others may have an insider's views into the punishment that is the death penalty. I came to the conclusion long ago that the most tortuous aspect of capital punishment is the waiting to die, not the actual act of dying.

To be continued...

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Wednesday, Thursday, & Friday
March 12, 13, & 14, 2003

 

The days seem to be passing by quickly. The mood here is very low-key. Conversations for the most part are quiet and respectful, as Louis awaits his move from our unit to the death house, or as they officially call it, the "execution facility". Most of us here experienced the same type of environment when Tim McVeigh and Juan Garza were executed in June of 2001.

There is something unsettling about the cold, calculated process of an execution in the name of the citizens of the United States . Knowing exactly when you will die and how is for me a more attractive option than the alternative. However, many claim that is one aspect of capital punishment they find most disturbing. I am a walking, talking contradiction where the death penalty is concerned. I mean, while I'm against it for others because of the arbitrary way it is used and how mostly the poor people or minorities receive this ultimate punishment, I am in favor of it for myself. I am guilty of having taken a human life and I had a fair trial (when compared to the trials of most people on death rows). What can I say? This is how I feel and have felt for the past seven years.

The Federal execution protocol has every step of time leading up to the execution, scripted. This Execution Protocol is the subject of a lawsuit I currently have pending in federal court. Many aspects of that protocol are asinine, pure and simple. At some point, that protocol will be posted here on this site for all to see. I obtained a copy through the "Freedom of Information" act, but it's a reduced copy as the government are hell bent on keeping parts of the killing process a secret.

We have been told, that to the extent possible, the execution scheduled for next week will not disrupt the orderly operations of the institution.......a sack lunch for the morning meal, no recreation for death row and no work call that day. Those aren't being considered as interruptions, only normal routine as the killing machine marches forward.

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Saturday & Sunday
March 15 & 16, 2003

 

This has been a typical weekend in many ways here on the row. The only exception being that "death" is looming nearby and it's almost as if you can feel a physical presence. There was a religious service with a large turnout, each man feeling the pull of Louis' scheduled execution. Each of us lost amongst our own introspection as the hands on the clock tick off the minutes. None of us knows for certain what lies ahead, when or if we will be on deathwatch and then take that final trip to the death house.

Louis Jones is a man of great faith and he sung hymns of praise last night. In his words, "No one can take away my faith or my joy, no matter whether they kill me or not, Lou Jones has been forgiven and he is going to be with his savior. He spoke in the third person, with conviction and forgiveness for those charged with implementing his lethal injection. He has shown an amazing strength. I cannot say that Lou and I are the best of friends. We are only acquaintances, brought together to this time and place because we both have committed acts of murder.

On July 13, 1999, twenty men from across the United States were brought here to Terre Haute , Indiana by way of "Operation Golden Eagle". We all had been convicted of murder and sentenced to die. Until that point, there was no Federal Death Row unit. Each of us had been housed in a state or federal prison awaiting the activation of this unit.

The local news media dubbed us "The Terre Haute Twenty," with most of the attention focused on Timothy McVeigh, the convicted Oklahoma bomber.

Between then and now, I've had hundreds of conversations with Louis Jones. We are as different personality-wise as night and day, but our common causes bound us as we debated politics, the justice system, financial programs and many other issues.

Now, only in a few hours, they will come and take Lou out of his cell, which is just below mine. He will be escorted out, put through a routine of searches, placed in the prison van and driven away to the Death House, some 200 yards away. There he will wait to die.

Those of us here will deal with all of these events in our own way. We plan to carry on a tradition started by Lou when Tim McVeigh and then Juan Garza were executed. That is, the singing of hymns. Between 6:30 and 7:00 am, we will remain silent and as the time for Lou's execution approaches, we will go to our cell doors and sing "Amazing Grace", "It is No Secret What God Can Do" We will then pray together in between songs. This will be a prayer written by Lou for the previous executions.

"Heavenly Father, please hear my voice in these hymns, as well as in prayer as I sing out to you for the soul that will soon depart here. This, I will pray, in the name of Your Son, my Savior, Jesus Christ. Amen"

Louis Jones 27265-077
Federal Death Row

I figure this is a tribute to Lou and our actions can't be considered to be destructive to the security of the institution. Our unit team has been helpful in making copies of Louis' prayers and the song lyrics. They too are affected by executions when they happen.

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March 17 & 18, 2003

 

At 12:35 a.m. I spoke my last words to Louis Jones and heard his last words to me. They were, "God bless you, Hammer." What does one say to a man waiting to be escorted away to the death house? The night was eerily quiet with the exception of jingling of keys and the TV of one inmate playing with the volume loud.

As the minutes and hours passed, I waited, lost in thought, with the lights out, wondering not for the first time what dying will be like. Each time the doors leading into and out of the unit were buzzed open electronically, I rushed to my cell door to see if it was a team ready to move Lou. I paced the small area in my cell, drinking coffee to stay awake, and waited.

At 3:01 a.m. a unit staff member accompanied by two officers approached Lou's cell. After a brief exchange, Lou was strip searched and told to dress in the attire provided to him, one of the items being a fire engine red jumpsuit with snaps down the front. Then deck style canvas slip on shoes for his feet. He was restrained by the officers, and then without incident, Lou was taken away. The clock read 3:13 a.m.

A normal day's routine then followed. Recreation and work call for those on phase two. At noon and at 6:00 p.m. some of us sang "Amazing Grace" at our cell doors. This too is a tradition begun by Lou prior to the McVeigh and Garza executions. Bruce Webster has a beautiful singing voice, and he could be heard clearly singing the hymns.

There was a bare minimum of TV news coverage of the pending execution on the newscasts Monday and Monday evening.

At midnight, I lay down and slept until 4:00 a.m. The TV news was devoted entirely to Bush's 48-hour deadline to Saddam Hussein. Most of us watched Bush's televised speech the previous evening, so these repeats were old news.

Breakfast consisted of a sack lunch containing two boiled eggs, two packets of dry cereal, a pastry, an orange, and milk. This was served at 6:20 a.m. I waited for the 7:00 a.m. hour at which time Louis Jones was to be executed. Beginning at 5:30 a.m. the two local TV stations had broadcast live updates from outside the prison. This was in stark contrast to the hundreds of journalists covering the McVeigh execution in 2001. There was absolutely no national news coverage of Lou's execution. In the words of one local citizen who had been interviewed the evening before, "He's no Timothy McVeigh."

At 7:00 a.m. as various staff walked the tiers outside of our cells, Bruce Webster sang the two hymns, and in a building not far away, Lou sang one of the same songs as he lay strapped to the gurney. Minutes later it was over. At 7:25 a.m., I heard the official announcement during a local news update. Fifteen minutes later, I fell asleep with a wish to never awaken. Not because I was such a close friend with Lou but, rather, because of the waste, the expense, and the loss of another human life. The process is as cold and calculated as any murder ever committed. Call it what you will, killing to teach that killing is wrong is insanity, pure and simple.

An afterthought:

The staff here were respectful and professional throughout this even. One inmate friend of mine said, "David, I almost wish they would beat me or something. When they're so fuckin' nice, it's impossible to hate 'em. Know what I mean?" Although I knew exactly what he meant, my response was, "They're just doing their job." A lame excuse, but what else could I say? The overall mood has been very subdued, each man here dealing with this situation in his own way.  

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March 19, 2003

 

It's as if the events of yesterday never even happened. The normal routine here on the row has resumed. It's as if most of the guys don't even want to think about Lou's fate for fear that to do so may hasten their own departure from this world. A couple of my fellow death row inmates have commented upon the fact that we shouldn't be sad or blue, for Louis is home in heaven now. Still others are angry and afraid. There's a noticeable difference in how each individual here deals with the aftermath of an execution. For those who hadn't experienced being here for a previous execution, there seems to be a need for them to verbalize their feelings and emotions; whereas others are much more introspective.

It is my personal opinion that no one connected to or involved in this thing which is the death penalty remains unaffected. I noticed this last night as I watched a local newscaster (who witnessed Lou's death) talk about his own view on capital punishment and how conflicted he is. He spoke of "being moved to say a prayer for the man's soul" as he watched him die.

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March 20 & 21, 2003

My every minute seems to be spent watching around the clock news coverage of the war in Iraq . Live...Live...Live...War brought to you live. The bombs and bullets, the loss of life, the destruction of property, misery untold.

I totally support all of our troops. They are brave men and women doing the job demanded of them. Some have already paid with their lives. I pray for them all. Having said that, I can only hope there is a very special part of hell reserved especially for people like George W. Bush, Donald Rumsfeld, and Saddam Hussein who thrust their people into war.

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April 1-6, 2003

This week has been rather uneventful here on the row. The only major change is that of the quarterly rotation of officers working the unit. This changing of the guards, so to speak, always brings with it a certain amount of apprehension. Officers are allowed to request their job assignments within the institution. These positions are then filled based on seniority and experience, at least that's how the system is designed to work.

For the most part, these officers are decent and they treat us fairly and with respect. However, there are the exceptions who just can't help being a$$holes. One such guy is Officer Lumber (not his real name). He is a rather short man, hefty around the middle and has a bald head. He has a tendency to cause petty hassles every time he is assigned to work this unit. This week was no exception. It is obvious that he possesses the all too familiar Napoleon complex, attempting to compensate for his short stature with a sharp tongue, big mouth and an overwhelming need to assert his authority. In short, he's miserable and wants all around him to suffer accordingly. He is a staunch supporter of the death penalty and expresses his views, even to those of us under this sentence. This man is a right-wing conservative with (by his own accounts) a large stash of guns. He has, on occasion, joked about "going postal" and killing all of us here. I don't take his joking seriously, mainly because I've known cowards before who hide behind their badges or positions of authority. In my opinion, this is such a man, and I use the term loosely in this instance.

Working on this unit must be a plumb assignment, because lots of officers apply for it each roster. Usually, these officers are just here to do their job and they act accordingly. One bad apple really can infect the whole bunch. Officer Lumber is one such apple. I've learned the hard way to ignore him and to have as little interaction as possible. He has been known to create a situation and then file bogus incident reports to cover his ass. Fortunately for us, the prison administration here is aware of his tactics. He will likely be working on the unit for months and months to come, so an already stressful situation will be worse.

All in all, those of us here are all doing fine. The loss of Louis Jones to the executioner last month still looms large, but no one speaks of this.......out of fear.........and wondering about what lies ahead. I'm not sure.

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Thursday, April 10, 2003  

 

I spoke with Chaplain Roof yesterday. He told me about his recent trip to Washington DC , where he attended the retirement party of the current Federal Bureau of Prisons Director, Kathleen Hawk-Sawyer. He said "I wanted to congratulate Harley Lappin on his position as the new BOP Director, he hired me here, you know."

"Yeah, I know, Father Roof and Harley Lappin has Timothy McVeigh and Juan Garza to thank for his ticket to a fast-track promotion." He, at first, didn't seem to comprehend my reply and then I saw his eyes and it registered with him that Harley G. Lappin, as warden here presided over Tim's and Juan's executions. He was promoted to a Regional Director position a few months later. Now, less than two years after those executions, he is the top dog. Who says that killing to reach the top isn't a good idea? Obviously, it has worked well for Harley G. Lappin! Now, isn't that special?

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