1 00:00:16,280 --> 00:00:17,880 [man] I don't know what's worse. 2 00:00:17,960 --> 00:00:21,000 Being executed or spending the rest of your life in prison. 3 00:00:27,800 --> 00:00:29,840 I'm just sitting in limbo right now. 4 00:00:31,040 --> 00:00:32,720 There is no hope once you're in here. 5 00:00:34,400 --> 00:00:36,240 When you're guilty, accept it. 6 00:01:03,520 --> 00:01:05,720 [man] If you ever thought about taking somebody's life, 7 00:01:05,800 --> 00:01:07,960 you better think about it long and hard. 8 00:01:08,040 --> 00:01:12,000 'Cause to walk that road right there is a lot of heartache. 9 00:01:14,280 --> 00:01:15,840 You may think you're tough, 10 00:01:16,840 --> 00:01:17,840 but, uh... 11 00:01:19,800 --> 00:01:23,000 you really ain't nothing if you're a murderer. 12 00:01:23,600 --> 00:01:24,720 You're nothing. 13 00:01:35,360 --> 00:01:37,280 [man 1] And I walked up, I fired one shot. 14 00:01:37,360 --> 00:01:39,160 And as I got closer, I fired one more shot. 15 00:01:40,960 --> 00:01:44,040 [man 2] She was shot through the cheek and it stopped in her jaw. 16 00:01:45,240 --> 00:01:49,320 [man 3] I drove him around behind a desk and I stabbed him approximately 25 times. 17 00:01:54,440 --> 00:01:55,560 [man 4] I couldn't believe it. 18 00:01:55,640 --> 00:01:58,840 I just thought I can't believe I just killed somebody. 19 00:02:02,240 --> 00:02:05,640 [man 5] I don't feel bad about it. [laughs] 20 00:02:10,039 --> 00:02:13,719 [man 6] I started stabbing him, stabbing the guy on the couch. 21 00:02:41,400 --> 00:02:46,240 [man] This is U.S. 69, northbound, out of Lufkin. 22 00:02:46,320 --> 00:02:48,600 Right up on the north fringe of Angelina County. 23 00:02:56,200 --> 00:02:58,840 [Cooper] Thirty-two years ago, 24 00:03:00,440 --> 00:03:03,720 almost to the minute, it's about five minutes after 8:00, 25 00:03:06,640 --> 00:03:10,480 I was headed in this direction in a big hurry... 26 00:03:14,000 --> 00:03:15,520 to the crime scene up here. 27 00:03:21,160 --> 00:03:23,720 Calls of this nature, that adrenaline kicks in 28 00:03:23,800 --> 00:03:27,000 and, uh, you don't need the morning cup of coffee. 29 00:03:29,560 --> 00:03:34,120 You don't ask questions, you just jump in the car and you respond. 30 00:03:36,760 --> 00:03:38,400 All hands on deck. 31 00:03:45,280 --> 00:03:48,160 Coming into the edge of the little town of Wells. 32 00:03:50,040 --> 00:03:52,480 It's like so many little towns in East Texas. 33 00:03:53,000 --> 00:03:55,920 Population well under a thousand at that time. 34 00:04:01,680 --> 00:04:03,400 Everyone knows everyone. 35 00:04:10,120 --> 00:04:13,320 Weather's almost identical to that morning. 36 00:04:18,360 --> 00:04:19,920 Fall weather. Hunting season. 37 00:04:49,800 --> 00:04:52,000 [crickets chirping] 38 00:04:53,320 --> 00:04:55,240 [indistinct chatter] 39 00:04:59,960 --> 00:05:04,400 [man] We moved around a lot when I was young. Texas, Chicago. 40 00:05:07,760 --> 00:05:10,680 Mom, dad, stepdads. 41 00:05:13,520 --> 00:05:15,240 No solid family unit. 42 00:05:16,000 --> 00:05:17,480 A lot of disruption. 43 00:05:21,080 --> 00:05:22,640 I wasn't given much attention, 44 00:05:22,720 --> 00:05:25,840 I was given free reign, so I became a wild child. 45 00:05:27,080 --> 00:05:28,320 [thuds] 46 00:05:29,960 --> 00:05:32,680 I just had a "I didn't care" attitude. 47 00:05:32,760 --> 00:05:35,320 I felt like nobody cared about me, so why should I? 48 00:05:35,400 --> 00:05:37,920 So I was just going to do as I please, 49 00:05:38,000 --> 00:05:40,320 and that's basically the way I lived my life. 50 00:05:47,560 --> 00:05:50,920 My name is David Lewis, 52 years old. 51 00:05:51,000 --> 00:05:54,160 I've been here over, just a little, 30 years. 52 00:06:00,720 --> 00:06:04,760 I was kicked out of the house at 16 and I was living on the streets 53 00:06:05,000 --> 00:06:08,920 and the only way to provide for myself was to become a thief 54 00:06:09,800 --> 00:06:13,920 'cause nobody wanted to hire an uneducated 16-year-old boy 55 00:06:14,480 --> 00:06:16,040 that didn't have any skills. 56 00:06:16,800 --> 00:06:18,040 So I stole. 57 00:06:19,560 --> 00:06:21,240 Just took what I wanted. [chuckles] 58 00:06:23,520 --> 00:06:25,240 [crickets chirping] 59 00:06:26,080 --> 00:06:28,320 [Lewis] I believe I was 21... 60 00:06:28,960 --> 00:06:31,240 20 or 21 when I moved to Lufkin. 61 00:06:33,720 --> 00:06:36,120 It's a small country town. 62 00:06:40,000 --> 00:06:42,200 I used to drink, I was an alcoholic, 63 00:06:43,320 --> 00:06:45,800 and, uh, I smoked weed. 64 00:06:47,840 --> 00:06:52,400 Took acid, pills, mushrooms, whatever got me off, 65 00:06:52,480 --> 00:06:58,280 but yeah, once I tasted the marijuana, that was it for me, I was in love. 66 00:06:59,040 --> 00:07:03,320 Helped me escape reality of life and put me in another world, 67 00:07:03,400 --> 00:07:06,560 in another state of mind, where I could escape all this. 68 00:07:07,920 --> 00:07:13,000 And then, when I got older, it turned more into alcohol. 69 00:07:13,720 --> 00:07:18,640 And once I became a drunk, I just didn't care about nothing. 70 00:07:19,720 --> 00:07:21,520 I was going to do whatever I wanted 71 00:07:22,440 --> 00:07:24,440 and didn't care about the consequences. 72 00:07:28,120 --> 00:07:31,280 Me and my friends would be out late at night drinking and smoking, 73 00:07:31,360 --> 00:07:33,760 and we'd just decide to go burglarize something. 74 00:07:34,520 --> 00:07:37,080 You know, what young boys did back then. [chuckles] 75 00:07:38,320 --> 00:07:42,760 Houses, stores, whatever we could get into. 76 00:07:46,040 --> 00:07:48,520 Living on the streets, you know, 77 00:07:48,600 --> 00:07:50,720 you've got to do what you can do to survive. 78 00:07:53,600 --> 00:07:55,120 [crickets chirping] 79 00:08:00,120 --> 00:08:04,920 That day, me and some friends, we went down to the liquor store, 80 00:08:05,000 --> 00:08:08,400 bought some beer, and we decided to go fishing... 81 00:08:11,480 --> 00:08:13,720 and while out fishing, I found some mushrooms, 82 00:08:14,320 --> 00:08:16,440 and I ate the mushrooms, drank the beer, 83 00:08:16,520 --> 00:08:20,800 and by the end of the day, I was pretty plastered. [clears throat] 84 00:08:20,880 --> 00:08:26,160 So they dropped me off at my grandpa's in Lufkin. [sniffs] 85 00:08:26,240 --> 00:08:28,280 And, uh, I'm sitting there waiting on him 86 00:08:28,360 --> 00:08:31,000 'cause we were going to go hunting that night, 87 00:08:31,080 --> 00:08:33,880 and it's taking him a long time to show up. 88 00:08:39,480 --> 00:08:45,200 And so when it gets dark, I get the gun and I'mma go hunting by myself. 89 00:08:53,160 --> 00:08:55,600 I was crossing behind Ms. Ruby's house 90 00:08:55,680 --> 00:08:58,200 and I was planning to cut through the backyard 91 00:08:58,280 --> 00:09:01,040 and go down to a stream behind her house 92 00:09:01,120 --> 00:09:04,360 'cause that usually where the deer and stuff hang out at night time. 93 00:09:07,080 --> 00:09:09,400 When I'm walking by, I see the bathroom window's open... 94 00:09:11,880 --> 00:09:13,880 and I don't see no car nowhere. 95 00:09:15,840 --> 00:09:18,000 So, I crawl in through the bathroom window. 96 00:09:21,600 --> 00:09:22,600 [thuds] 97 00:09:31,000 --> 00:09:33,280 I stand at the door that goes into the hallway, 98 00:09:33,360 --> 00:09:35,240 the hallway goes two ways. 99 00:09:35,680 --> 00:09:37,600 The left goes to the kitchen, 100 00:09:38,240 --> 00:09:41,160 and then the right goes to a couple of bedrooms. 101 00:09:48,400 --> 00:09:52,800 So I go into that bedroom and that's where a gun rack is. 102 00:09:55,880 --> 00:09:58,640 So I take the guns and I roll them up in a bed sheet. 103 00:10:07,840 --> 00:10:11,960 And as I'm coming out, somebody's coming through a hall door from the living room. 104 00:10:13,000 --> 00:10:14,400 I see the silhouette. 105 00:10:15,720 --> 00:10:19,520 -I just raised the gun and pow. -[gunshot] 106 00:10:22,240 --> 00:10:26,520 She kind of turned towards me and let out a loud scream. 107 00:10:27,400 --> 00:10:30,320 And I struck her in the top of the head with the barrel of the gun. 108 00:10:30,400 --> 00:10:31,440 [thuds] 109 00:10:35,280 --> 00:10:37,760 Then I flicked the light on and seen who it was, and I'm like... 110 00:10:38,000 --> 00:10:39,480 [sighs] 111 00:10:41,080 --> 00:10:42,040 ...man. 112 00:10:44,200 --> 00:10:46,040 I thought the house was empty. 113 00:10:47,360 --> 00:10:49,160 I didn't think anybody was in there. 114 00:10:50,040 --> 00:10:52,200 I was kind of shocked, I didn't even think. 115 00:10:55,360 --> 00:10:59,320 I took the keys to the car and the guns and left. 116 00:11:01,520 --> 00:11:03,560 [car engine starts] 117 00:11:03,640 --> 00:11:07,160 And I left the car parked on the side of the highway. 118 00:11:08,120 --> 00:11:09,360 [goats bleating] 119 00:11:14,360 --> 00:11:16,320 I'm sitting in my grandpa's trailer, 120 00:11:16,400 --> 00:11:19,200 smoking cigarettes, drinking coffee, getting ready to leave, 121 00:11:19,280 --> 00:11:22,160 when the police come across the highway. 122 00:11:22,240 --> 00:11:24,240 [siren blaring] 123 00:11:24,320 --> 00:11:26,160 I knew right then that they were coming for me. 124 00:11:26,240 --> 00:11:28,640 That they'd found Ms. Ruby already. 125 00:11:32,080 --> 00:11:34,000 It rained earlier in the day 126 00:11:34,080 --> 00:11:38,000 and I left footprints through the trail in the woods 127 00:11:38,080 --> 00:11:40,320 right up to my grandpa's trailer house. 128 00:11:42,960 --> 00:11:45,880 My grandpa's girlfriend opened the door 129 00:11:45,960 --> 00:11:48,480 and one of the investigators, as soon as he sees me, 130 00:11:49,800 --> 00:11:53,440 he tells the two polices with him, "I think we got our man." 131 00:11:53,880 --> 00:11:56,240 [siren blaring] 132 00:12:00,600 --> 00:12:03,520 They take me to the police station, asking questions, 133 00:12:03,600 --> 00:12:05,280 and I just keep denying it. 134 00:12:06,160 --> 00:12:09,200 But as soon as they try to implicate my grandfather in it, 135 00:12:09,280 --> 00:12:12,840 that's when I finally confessed, told them I did it, 136 00:12:12,920 --> 00:12:14,400 that he had nothing to do with it. 137 00:12:22,440 --> 00:12:28,080 Oh, I figured I'd be in prison a long time, 30, 40 years maybe. 138 00:12:28,160 --> 00:12:32,800 But when I got my attorney and he told me they were seeking a death penalty, 139 00:12:32,880 --> 00:12:36,360 I'm like, "What? Death penalty? What is that?" 140 00:12:36,440 --> 00:12:40,160 And he told me what it was and I'm like, "Oh..." [chuckles] 141 00:12:42,680 --> 00:12:46,320 I really didn't think about death penalty when I was free. 142 00:12:46,400 --> 00:12:47,720 I didn't even know we had one. 143 00:12:52,680 --> 00:12:57,840 I shut down all thought about the crime until I was sitting in a cell, 144 00:12:59,760 --> 00:13:02,520 and I started thinking about what I'd done 145 00:13:02,960 --> 00:13:06,240 and what I was fixing to face, and that's, that's when I broke down. 146 00:13:10,480 --> 00:13:13,520 When I came to death row, I just kept it locked up, 147 00:13:14,160 --> 00:13:20,080 and, uh, I didn't really face what I'd done until 2004, 148 00:13:20,160 --> 00:13:22,640 and that's when it really hit me hard. 149 00:13:25,520 --> 00:13:30,280 That's when I went ahead and accepted the responsibility for it. 150 00:13:30,360 --> 00:13:33,000 You know, whatever comes, I accept it. 151 00:13:33,560 --> 00:13:37,360 Either life in prison or an execution, either one I accept. 152 00:13:41,280 --> 00:13:43,240 What can you do when you're guilty, man? 153 00:13:45,560 --> 00:13:49,080 You don't have a hope or prayer when you're guilty. [chuckles] 154 00:13:54,240 --> 00:13:55,880 [dog barking] 155 00:14:13,800 --> 00:14:19,520 This is the evidence box of the David Lee Lewis trial, 156 00:14:19,600 --> 00:14:20,800 back in '86. 157 00:14:31,040 --> 00:14:34,680 Haven't seen most of this stuff since... 158 00:14:37,280 --> 00:14:38,120 that day. 159 00:14:40,240 --> 00:14:44,720 These are the glasses that Ms. Ruby had on 160 00:14:44,800 --> 00:14:46,400 when she walked into her home that night. 161 00:14:47,920 --> 00:14:51,280 Right lens is missing, right ear, 162 00:14:52,000 --> 00:14:53,240 leg missing. 163 00:14:54,640 --> 00:14:59,880 She still had these partially on her face when I arrived at the scene. 164 00:15:00,880 --> 00:15:02,760 And a round was fired, 165 00:15:04,560 --> 00:15:05,920 went through right about here. 166 00:15:09,040 --> 00:15:11,000 Struck her in the corner of the eye. 167 00:15:16,800 --> 00:15:19,120 You have to quite often kind of divorce yourself 168 00:15:19,280 --> 00:15:23,760 from the physical aspects of a scene like that, 169 00:15:25,000 --> 00:15:26,080 if you can. 170 00:15:26,160 --> 00:15:29,160 And you try to do the job 171 00:15:29,240 --> 00:15:31,800 and document everything and get everything ready. 172 00:15:31,880 --> 00:15:36,400 And, of course, you're always thinking ahead to the trial part of this situation, 173 00:15:36,480 --> 00:15:40,760 anytime you're in that type of situation. 174 00:15:40,840 --> 00:15:42,360 And... [sighs] 175 00:15:45,360 --> 00:15:46,800 then you think about it later. 176 00:15:51,560 --> 00:15:55,360 We got our big break, I think, initially, when we found the footprints. 177 00:16:00,280 --> 00:16:02,200 Casting of a shoe print. 178 00:16:05,040 --> 00:16:06,880 This is a pretty good casting. 179 00:16:08,120 --> 00:16:10,800 Heel, toe, trim. 180 00:16:14,320 --> 00:16:18,640 Especially when you can mate it up with the actual shoe that made it. 181 00:16:20,280 --> 00:16:25,000 This was found at the rear of the home, not far from where he gained entry. 182 00:16:27,480 --> 00:16:29,120 And then things fell into place. 183 00:16:31,760 --> 00:16:37,760 When we approached the residence where Lewis was apprehended, 184 00:16:38,160 --> 00:16:41,960 that's where they found the shoes that matched the prints. 185 00:16:42,720 --> 00:16:45,680 Um, sometimes, it's nice to be lucky. 186 00:16:48,720 --> 00:16:50,360 Not quite as a good as a fingerprint, 187 00:16:50,440 --> 00:16:54,360 but very, very strong circumstantial evidence. 188 00:16:57,760 --> 00:16:59,640 You know, a thief is a thief is a thief. 189 00:17:00,160 --> 00:17:03,280 Not to get Biblical, but I'm sure somewhere in that list of ten is, 190 00:17:03,360 --> 00:17:05,360 I still recall from way back, 191 00:17:05,440 --> 00:17:08,280 that there's one in there about stealing and thou shalt not. 192 00:17:11,440 --> 00:17:16,400 You go in with the intent to do just a property felony... 193 00:17:17,640 --> 00:17:22,240 and something goes horribly wrong and somebody dies, 194 00:17:22,319 --> 00:17:24,759 and it leaps all the way up through 195 00:17:24,839 --> 00:17:30,519 all the various steps of different levels of crime right to the very top. 196 00:17:30,600 --> 00:17:33,600 The one that we hold most heinous, which is capital murder. 197 00:17:34,840 --> 00:17:35,760 Um... 198 00:17:36,560 --> 00:17:40,920 Did he go there with the intent to kill somebody? 199 00:17:41,000 --> 00:17:44,200 No. [stutters] You're never going to be able to convince me 200 00:17:44,280 --> 00:17:45,640 or anybody else of that. 201 00:17:46,600 --> 00:17:50,800 Did somebody die as a result of him being somewhere where he wasn't supposed to be? 202 00:17:50,880 --> 00:17:54,560 Yes, they did. And an innocent person lost their life. 203 00:17:57,840 --> 00:18:01,120 You look at it. We've got 30 something years of... 204 00:18:02,480 --> 00:18:03,440 back and forth... 205 00:18:05,560 --> 00:18:06,800 lives torn apart. 206 00:18:07,360 --> 00:18:09,680 Lives on the inside, lives on the outside. 207 00:18:11,640 --> 00:18:15,000 And it fits on this one table. 208 00:18:25,520 --> 00:18:27,160 [birds chirping] 209 00:18:39,200 --> 00:18:44,640 [man] In David's particular case, the evidence of guilt was overwhelming. 210 00:18:46,160 --> 00:18:50,440 They had confessions and they found evidence from the burglary 211 00:18:50,520 --> 00:18:52,520 and the place where he was living. 212 00:18:54,760 --> 00:19:00,160 The prosecution put on evidence that David Lewis knew and understood 213 00:19:00,240 --> 00:19:03,400 what he was doing at the time the offense was committed. 214 00:19:05,960 --> 00:19:07,240 I'm Jon Anderson. 215 00:19:08,120 --> 00:19:10,280 I was born and raised in Lufkin, Texas. 216 00:19:10,360 --> 00:19:13,560 I've practiced law here for about 34 years, 217 00:19:14,320 --> 00:19:16,920 and I was David Lewis's defense lawyer. 218 00:19:19,960 --> 00:19:23,600 A capital murder jury at the time this case was tried 219 00:19:24,320 --> 00:19:29,080 is asked specific questions in the punishment phase of the case. 220 00:19:29,160 --> 00:19:31,880 One of those questions is whether the defendant knowingly 221 00:19:31,960 --> 00:19:34,120 and intelligently committed the crime, 222 00:19:34,200 --> 00:19:36,880 and the other question is, whether or not that defendant 223 00:19:36,960 --> 00:19:39,720 is going to be a future danger to society. 224 00:19:40,240 --> 00:19:43,880 Those are black and white questions the jury is asked to decide. 225 00:19:44,680 --> 00:19:47,040 The issue of mental competence 226 00:19:47,120 --> 00:19:51,000 and the defendant's ability to understand what it was he did, 227 00:19:51,080 --> 00:19:54,000 those are not black and white questions that are asked to a jury. 228 00:20:20,760 --> 00:20:25,520 [Anderson] When you have someone like Mr. Lewis, who is mentally impaired, 229 00:20:25,960 --> 00:20:29,080 even if you read that defendant his rights, 230 00:20:29,600 --> 00:20:33,040 the question remains whether or not he understands his rights 231 00:20:33,120 --> 00:20:36,080 and he can make a knowing and intelligent decision 232 00:20:36,160 --> 00:20:39,080 to waive those rights and to give a statement. 233 00:20:39,160 --> 00:20:42,240 And so there was a strong argument to be made for the defense 234 00:20:42,320 --> 00:20:47,240 that he was not knowing enough and understanding enough 235 00:20:47,320 --> 00:20:50,560 to where he was making a voluntary confession. 236 00:20:57,920 --> 00:21:01,880 And so I'm asking the jury to consider 237 00:21:01,960 --> 00:21:07,480 and to believe the difficulty that David had from a mental standpoint 238 00:21:07,560 --> 00:21:13,640 and to consider, based upon his lack of understanding, in general, 239 00:21:13,720 --> 00:21:15,480 to answer the questions in such a way, 240 00:21:15,560 --> 00:21:18,280 that he's given life in prison and not the death penalty. [woman] My son was born in '65. 241 00:21:32,760 --> 00:21:36,600 And I had a very hard delivery. 242 00:21:36,920 --> 00:21:39,000 I was in labor for 72 hours. 243 00:21:42,280 --> 00:21:46,240 They had to forcibly remove him with forceps, 244 00:21:47,920 --> 00:21:52,080 which damaged his brain and his eyes. 245 00:21:54,520 --> 00:21:57,040 And me being so young and stupid, 246 00:21:57,600 --> 00:22:02,320 I didn't realize that until he started going to school. 247 00:22:11,920 --> 00:22:15,480 My name is Linda Lewis, and I'm David's mother. 248 00:22:24,080 --> 00:22:26,480 I was almost 18 when I had him. 249 00:22:35,720 --> 00:22:37,440 This is David in school. 250 00:22:38,000 --> 00:22:40,040 [laughs] 251 00:22:40,120 --> 00:22:41,560 He's a cute little bugger. 252 00:22:42,800 --> 00:22:43,920 [chuckles] 253 00:22:47,000 --> 00:22:50,400 In the park playing with his ball. [laughs] 254 00:22:50,480 --> 00:22:52,040 He used to chase that ball around. 255 00:22:53,000 --> 00:22:55,000 I can see him doing it now, just a little bitty thing, 256 00:22:55,080 --> 00:22:57,680 toddling around. [laughs] 257 00:22:59,600 --> 00:23:01,680 Him and Linda, Christmastime. 258 00:23:06,080 --> 00:23:09,720 Oh, yeah, he was a mommy's boy. [laughs] 259 00:23:10,880 --> 00:23:12,880 Uh-huh, he is my first born. 260 00:23:15,040 --> 00:23:16,280 He's my baby. 261 00:23:18,320 --> 00:23:19,520 Still is. 262 00:23:20,640 --> 00:23:22,760 I don't care how old he gets or what he does, 263 00:23:22,840 --> 00:23:25,560 he's always going to be my baby. [sniffs] 264 00:23:25,640 --> 00:23:27,520 And I'm always going to love him dearly. 265 00:23:32,200 --> 00:23:37,240 When he had homework to do, you couldn't make him understand. 266 00:23:37,320 --> 00:23:40,480 I mean, you could sit there and you could explain it, 267 00:23:40,560 --> 00:23:43,560 and show him and explain it and show him, 268 00:23:43,640 --> 00:23:45,760 and he just didn't grasp it. 269 00:23:47,360 --> 00:23:49,800 I knew that he was real shy 270 00:23:51,400 --> 00:23:54,640 and stand-offish with other kids, 271 00:23:56,320 --> 00:23:57,600 but I didn't... 272 00:23:58,760 --> 00:24:03,720 I don't think I actually really snapped to what was going on with him 273 00:24:03,800 --> 00:24:06,080 until I had him in a private school. 274 00:24:07,680 --> 00:24:12,880 About three months into it, they told me that they couldn't do anything for my son. 275 00:24:13,560 --> 00:24:16,160 And they wanted me to take him and have him tested, 276 00:24:16,880 --> 00:24:18,440 his mental capacity. 277 00:24:19,040 --> 00:24:23,160 And that's when I found out that he had problems. 278 00:24:24,680 --> 00:24:28,600 And, um, there was nothing that I could do about it 279 00:24:29,080 --> 00:24:34,600 except try to keep him out of trouble and try to teach him right from wrong. 280 00:24:37,640 --> 00:24:41,680 And I did a pretty good job of that. [chuckles] For the most part. 281 00:24:44,680 --> 00:24:48,040 All I know is that everybody thinks he's a monster, and he's not. He's a very loving, caring person. 282 00:25:12,560 --> 00:25:15,360 [woman] "David Lee Lewis was given the death penalty Tuesday night 283 00:25:15,440 --> 00:25:19,440 by a jury that earlier found him guilty of capital murder 284 00:25:19,520 --> 00:25:23,040 in the shooting death of Myrtle Ruby, 74, of Wells." 285 00:25:23,640 --> 00:25:24,480 Wow. 286 00:25:25,600 --> 00:25:26,920 That's been a long time ago. 287 00:25:29,520 --> 00:25:33,680 And he's still alive 30 years later, yeah. That's what's unbelievable. 288 00:25:36,440 --> 00:25:37,880 My name is Rhonda Oaks. 289 00:25:37,960 --> 00:25:40,520 I'm a former journalist at the Lufkin Daily News. 290 00:25:41,880 --> 00:25:44,360 I did it for 20 plus years. 291 00:25:47,720 --> 00:25:49,720 I was born and raised in Lufkin, Texas, 292 00:25:49,800 --> 00:25:54,080 and I'm proud to be a seventh generation Angelina County resident. 293 00:25:57,760 --> 00:26:01,520 It's always been a small community, you know, very tight-knit community. 294 00:26:02,440 --> 00:26:05,400 People are very religious, and so you trust everyone. 295 00:26:05,480 --> 00:26:06,840 And, you know, a crime like this, 296 00:26:06,920 --> 00:26:09,800 it brings it home that sometimes you can't trust everyone. 297 00:26:12,360 --> 00:26:15,480 "The sheriff said Mrs. Ruby was killed by a single shot to the head 298 00:26:15,560 --> 00:26:17,080 from a 22-calibre rifle. 299 00:26:17,720 --> 00:26:21,040 Mrs. Ruby apparently was killed when she surprised a burglar 300 00:26:21,120 --> 00:26:24,840 upon returning home from church at about 9:00 p.m." 301 00:26:28,600 --> 00:26:31,640 We rarely saw crimes like this committed. 302 00:26:31,720 --> 00:26:35,240 It was a shocking event, so it drew a lot of interest. 303 00:26:40,440 --> 00:26:44,160 You know, you just wouldn't expect that sort of crime to occur. 304 00:26:45,960 --> 00:26:50,160 The jury was very serious and concentrated 305 00:26:50,240 --> 00:26:53,000 on the decision of whether or not he was mentally challenged. 306 00:26:53,080 --> 00:26:54,000 They knew he was guilty. 307 00:26:56,480 --> 00:26:59,400 They really listened to both sides of the events 308 00:26:59,480 --> 00:27:03,560 and tried to come back with an impartial decision. 309 00:27:05,960 --> 00:27:06,840 Looking back, 310 00:27:07,720 --> 00:27:10,640 I don't think he seemed that remorseful. 311 00:27:13,200 --> 00:27:15,880 In my mind, I think someone who is mentally challenged, 312 00:27:15,960 --> 00:27:19,280 they might be breaking into a house, they might be stealing some guns, 313 00:27:20,440 --> 00:27:23,680 and they might even hit the victim over the head with the gun, 314 00:27:23,760 --> 00:27:25,560 knock them out or whatever. 315 00:27:25,800 --> 00:27:29,440 But when you choose to shoot someone in the face, that's not a mentally-- 316 00:27:29,520 --> 00:27:32,920 You know, a mentally challenged person will normally just run from the scene. 317 00:27:33,480 --> 00:27:35,960 Um, he didn't, he chose not to. 318 00:27:36,480 --> 00:27:37,960 And he chose to take her life. 319 00:27:39,880 --> 00:27:44,760 And I think that that put him into a class of criminals 320 00:27:44,840 --> 00:27:48,840 that was a type that we didn't see many of in east Texas. 321 00:27:51,600 --> 00:27:53,520 I think it was a cold-blooded act. 322 00:28:03,400 --> 00:28:07,440 [man] People like to think that the diagnosis of intellectual disabilities 323 00:28:07,600 --> 00:28:11,160 is something kind of like if you break your arm, you x-ray it, 324 00:28:11,240 --> 00:28:13,600 there's the break, what you've got is a broken arm. 325 00:28:14,440 --> 00:28:16,920 That's not how it works with mental retardation. 326 00:28:17,000 --> 00:28:20,720 It's a diagnosis in flux, it moves around. 327 00:28:21,800 --> 00:28:26,520 There's quite a bit of discrimination and, uh, myths and misunderstandings 328 00:28:26,600 --> 00:28:28,240 that get in the way, uh, 329 00:28:28,320 --> 00:28:30,280 particularly in the field of criminal justice. 330 00:28:32,680 --> 00:28:34,200 I'm Dr. Richard Garnett. 331 00:28:34,280 --> 00:28:39,000 I've been involved in the field of disabilities since probably 1968. 332 00:28:40,800 --> 00:28:46,000 I was involved with David Lewis's case in 2006 when I was asked to come in 333 00:28:46,080 --> 00:28:49,640 and review his files and review all of the material they had 334 00:28:49,720 --> 00:28:52,600 from previous assessments in previous situations, 335 00:28:52,680 --> 00:28:54,800 schools, and psychologists, etc. 336 00:28:56,960 --> 00:29:00,360 The material that was generated on him back then 337 00:29:00,440 --> 00:29:04,160 made it pretty clear that he had a diagnosis of mental retardation. 338 00:29:34,400 --> 00:29:35,880 [Garnett] Let's say you're testing somebody 339 00:29:35,960 --> 00:29:38,400 and you get a score, and the score is 70. 340 00:29:38,480 --> 00:29:42,000 Well, that's the cut-off, and if you're below that, 341 00:29:42,200 --> 00:29:43,360 you're "retarded." 342 00:29:43,440 --> 00:29:44,680 But that's not how you do it. 343 00:29:44,760 --> 00:29:47,840 You look at that, and you look at all this other material, 344 00:29:47,920 --> 00:29:51,320 and you look at the adaptive level that the person is, 345 00:29:51,400 --> 00:29:53,440 and you try and pull all of it together and see, 346 00:29:53,520 --> 00:29:58,800 "Does that support a diagnosis of mental retardation?" 347 00:29:58,880 --> 00:30:01,200 And this part might not, and this part may, 348 00:30:01,520 --> 00:30:04,040 and this one you don't know and this one sure doesn't. 349 00:30:05,400 --> 00:30:07,800 And so that's the battle in court, 350 00:30:08,440 --> 00:30:13,000 is to say my testing came up with an IQ of 69, 351 00:30:14,160 --> 00:30:15,680 prosecutor will come up and say, 352 00:30:15,760 --> 00:30:17,680 "Well, the State's done three or four different tests 353 00:30:17,760 --> 00:30:21,520 and they are always in the 75 to 80 range, so it can't be." 354 00:30:22,000 --> 00:30:24,640 Well, that's because they're not given the right tests, 355 00:30:24,720 --> 00:30:26,520 they're not given them by the right people, 356 00:30:26,600 --> 00:30:29,200 they're not given them under the right circumstances. 357 00:30:29,280 --> 00:30:31,240 You know, mine were. 358 00:30:33,760 --> 00:30:35,240 And I think deep inside, 359 00:30:35,320 --> 00:30:38,840 the system has these people already gone through the courts, 360 00:30:38,920 --> 00:30:41,760 convicted of capital murder, sentenced to death, 361 00:30:41,840 --> 00:30:43,440 and by God we're going to do it. 362 00:30:47,520 --> 00:30:52,760 If the judge in the end had been convinced that David had intellectual disabilities, 363 00:30:52,840 --> 00:30:55,040 then I think the automatic response 364 00:30:55,120 --> 00:30:59,560 would be to, uh, vacate the death penalty 365 00:30:59,640 --> 00:31:03,040 and convert it to life in prison without parole. 366 00:31:05,360 --> 00:31:07,360 However... [chuckles] 367 00:31:07,440 --> 00:31:10,000 it was found that we had not proved our case. 368 00:31:14,600 --> 00:31:19,080 He's still there, so there must have been some appeals that were instituted. 369 00:31:19,160 --> 00:31:22,880 But they found that we did not present an adequate case 370 00:31:22,960 --> 00:31:24,840 to show that he had mental retardation. 371 00:31:25,320 --> 00:31:27,440 -[birds chirping] -[cows mooing] 372 00:31:37,120 --> 00:31:41,280 [man] If life without parole was the verdict and the sentence, 373 00:31:41,360 --> 00:31:45,560 then I think the family would probably be fine with it 374 00:31:48,000 --> 00:31:51,680 if that's what the jury and the judge 375 00:31:52,360 --> 00:31:54,960 found to be the best solution for the crime. 376 00:31:55,720 --> 00:31:59,600 So, I don't think any of us are out for just, you know, 377 00:31:59,680 --> 00:32:01,520 "This man's got to die." 378 00:32:01,600 --> 00:32:05,640 Uh, you know, justice has got to be done. 379 00:32:09,920 --> 00:32:11,400 My name is David Ruby. 380 00:32:14,280 --> 00:32:16,680 I'm a nephew of Myrtle Ruby. 381 00:32:21,200 --> 00:32:23,320 She grew up in the area. 382 00:32:23,400 --> 00:32:27,600 We all went to church together at the Falvey Methodist Church. 383 00:32:30,400 --> 00:32:34,400 At the time this happened to Aunt Myrtle, I had just moved back from St. Louis 384 00:32:34,480 --> 00:32:37,000 and just got a phone call from my mom. 385 00:32:38,840 --> 00:32:41,280 Someone had broke into Aunt Myrtle's house. 386 00:32:42,120 --> 00:32:45,560 She came home from church and it was of course dark, 387 00:32:45,760 --> 00:32:49,640 and came into the house and evidently startled the person, 388 00:32:49,720 --> 00:32:52,080 so they just shot her and murdered her. 389 00:32:57,120 --> 00:32:59,880 This still makes no sense whatsoever. 390 00:33:01,800 --> 00:33:04,920 Aunt Myrtle was a senior citizen. Why didn't the person just say, 391 00:33:05,000 --> 00:33:07,480 "Hey, I'm sorry, I'm gonna walk out of your house." 392 00:33:07,560 --> 00:33:09,840 I mean, she's not gonna beat him up. 393 00:33:11,120 --> 00:33:14,200 If they wanted to steal something, why didn't they just take it and leave? 394 00:33:17,800 --> 00:33:23,600 I know my cousins still suffer with that. 395 00:33:23,680 --> 00:33:25,080 How could they not? 396 00:33:26,280 --> 00:33:30,760 It devastated them, and it would devastate any child, 397 00:33:30,840 --> 00:33:32,640 no matter how old you are, it doesn't matter. 398 00:33:33,360 --> 00:33:34,360 It's your mom. 399 00:33:44,680 --> 00:33:49,320 [Lewis] When I was born, my mom had trouble giving birth to me. 400 00:33:49,400 --> 00:33:54,400 And... it gave me a mild retardation. 401 00:33:56,480 --> 00:33:58,600 That's why I'm a slow learner. [chuckles] 402 00:33:58,680 --> 00:34:01,440 And school, I just really didn't care about it. 403 00:34:08,480 --> 00:34:11,080 [Ruby] My opinion on that is, 404 00:34:11,440 --> 00:34:17,080 his mental capacity is not the issue, his threat to society is the issue. 405 00:34:17,159 --> 00:34:21,079 And whether he was a complete, you know, lunatic 406 00:34:21,159 --> 00:34:23,599 or a sane person, 407 00:34:23,679 --> 00:34:26,199 to me, is not an issue, 408 00:34:26,320 --> 00:34:31,040 because we want to remove people from society that are a threat to society. 409 00:34:34,480 --> 00:34:38,240 So, anyway, I don't buy it. 410 00:35:13,600 --> 00:35:15,920 [man] When they told me that Mr. Lewis was the suspect, 411 00:35:19,040 --> 00:35:22,600 I thought, you know, "Why is this man still running the streets?" 412 00:35:24,920 --> 00:35:27,120 David Lewis was known for burglary. 413 00:35:27,440 --> 00:35:30,680 He was also known for narcotic use, thefts. 414 00:35:32,640 --> 00:35:35,800 He had a history of criminal activity. 415 00:35:37,080 --> 00:35:38,920 [indistinct radio chatter] 416 00:35:39,680 --> 00:35:41,440 My name is Sergeant Ruben Gonzales, 417 00:35:41,520 --> 00:35:43,960 and I'm with the Oyster Creek Police Department. 418 00:35:46,800 --> 00:35:48,760 [indistinct radio chatter] 419 00:36:07,400 --> 00:36:09,280 [Gonzalez] On September 1st, 1986, 420 00:36:09,360 --> 00:36:14,680 I received a call about the stabbing, in the 1500 block of Avenue F. 421 00:36:17,840 --> 00:36:19,760 I remember it was a clear night that night. 422 00:36:22,440 --> 00:36:25,680 The stabbing occurred during the burglary of a vehicle, 423 00:36:27,080 --> 00:36:30,640 and that the complainant came out, observed the subject in between the cars, 424 00:36:31,280 --> 00:36:33,800 observed his wife's purse 425 00:36:34,320 --> 00:36:36,680 sitting in front of him with the car door open. 426 00:36:37,840 --> 00:36:40,760 And when the complainant yelled at the suspect, 427 00:36:40,840 --> 00:36:44,600 the suspect stood up and stabbed him in the stomach. 428 00:36:48,480 --> 00:36:50,600 I parked right here in the same place. 429 00:36:51,960 --> 00:36:56,520 And the police officer was parked behind the vehicles, 430 00:36:56,600 --> 00:37:00,920 and, uh... the ambulance was right behind him. 431 00:37:02,320 --> 00:37:04,720 Hopefully there's not a dog! [laughs] 432 00:37:05,640 --> 00:37:06,640 [car door closes] 433 00:37:12,000 --> 00:37:16,240 After I completed my initial investigation here at the house, 434 00:37:16,320 --> 00:37:18,880 I started going to the neighborhood, 435 00:37:18,960 --> 00:37:22,760 you know, talking to different people, giving them the description, 436 00:37:22,840 --> 00:37:27,280 and see if they had remembered anybody like that or anything. 437 00:37:29,200 --> 00:37:32,680 But that description matched so many people. 438 00:37:34,400 --> 00:37:36,920 Then approximately about two days later, 439 00:37:37,040 --> 00:37:41,000 I received a call from Mr. A.L. Thompson about the stabbing. 440 00:37:55,160 --> 00:37:56,200 [Linda sniffs] 441 00:37:57,160 --> 00:38:00,600 This is me and my two brothers and my sister. 442 00:38:01,160 --> 00:38:04,120 A.L., me, my sister, and Danny, my brother. 443 00:38:10,040 --> 00:38:14,640 You don't see me smiling in that picture, because I'm sitting next to A.L. 444 00:38:18,440 --> 00:38:20,480 My son idolized that man. 445 00:38:21,720 --> 00:38:23,640 He just followed in his footsteps. 446 00:38:26,360 --> 00:38:30,760 David was maybe ten, 11, 12 years old. A.L. used to sit and brag about this man he beat the hell out of 447 00:38:37,240 --> 00:38:40,480 and that man he stabbed and this man he shot and shit like that. 448 00:38:40,560 --> 00:38:42,400 And he never did any of those things, 449 00:38:43,320 --> 00:38:45,880 but my son thought he did... 450 00:38:48,200 --> 00:38:50,320 and I guess... 451 00:38:51,280 --> 00:38:54,680 he just thought it was acceptable. 452 00:38:57,400 --> 00:38:59,600 My brother could've helped him. 453 00:39:00,840 --> 00:39:03,840 But instead of going the right way, he went the wrong way 454 00:39:03,920 --> 00:39:06,400 and he taught him things that he shouldn't have taught him. 455 00:39:10,200 --> 00:39:13,520 Since David wasn't mentally capable 456 00:39:17,240 --> 00:39:22,400 of... thinking the consequences about things, 457 00:39:23,320 --> 00:39:26,040 and A.L. seemed to get away with everything, 458 00:39:26,120 --> 00:39:27,280 I guess he thought it was okay. 459 00:39:31,800 --> 00:39:35,840 My son's always taken the blame for everything, whether he did it or not. 460 00:39:36,160 --> 00:39:37,200 Always! 461 00:39:37,480 --> 00:39:39,720 And there are things that he has gone to jail for 462 00:39:39,800 --> 00:39:42,000 that I know for a fact that he did not do. 463 00:39:43,040 --> 00:39:45,200 That I know that my brother A.L. did. 464 00:39:54,760 --> 00:39:59,320 And that's why I asked him who was with him when he did what he did. 465 00:40:01,160 --> 00:40:02,440 He told me no one. 466 00:40:06,200 --> 00:40:09,160 I keep hoping eventually that he will tell me the truth 467 00:40:09,240 --> 00:40:10,480 about that night. 468 00:40:12,960 --> 00:40:16,720 But my brother A.L. instilled in him that you don't rat on nobody. 469 00:40:18,320 --> 00:40:20,240 You don't tell on nobody, period. 470 00:40:26,160 --> 00:40:27,840 [birds chirping] 471 00:40:29,960 --> 00:40:33,600 The call came into the police department and it was out of the blue. 472 00:40:34,200 --> 00:40:36,320 Uh, I didn't know Mr. Thompson. 473 00:40:36,840 --> 00:40:40,640 As a matter of fact, I couldn't even get an address from him. 474 00:40:41,280 --> 00:40:45,200 All he told me is that his nephew came to the residence, 475 00:40:45,280 --> 00:40:48,840 and he was sweating profusely, and was tired, 476 00:40:49,480 --> 00:40:52,760 and the little bit of blood that he had on his hand, 477 00:40:53,520 --> 00:40:56,640 and he told Mr. Thompson that he had stabbed somebody. 478 00:41:03,200 --> 00:41:07,400 With the information that he gave me and me checking the information, 479 00:41:07,960 --> 00:41:12,840 uh, it was good enough to get Mr. Lewis apprehended and arrested. 480 00:41:22,800 --> 00:41:25,080 David didn't want to talk at first. 481 00:41:26,960 --> 00:41:27,920 And I read him his rights. 482 00:41:28,000 --> 00:41:30,640 I read him his rights just to let him know that, you know, 483 00:41:30,720 --> 00:41:33,280 I was going to speak to him in reference to it and everything. 484 00:41:33,560 --> 00:41:36,880 And he really didn't want to give me very much information. 485 00:41:38,600 --> 00:41:41,640 I said, "Let me tell you what happened and you tell me if you did it or not." 486 00:41:42,120 --> 00:41:45,800 I gave him the sequence of the crime that was committed. 487 00:41:47,520 --> 00:41:51,120 "This happened, this is you. You ran. 488 00:41:51,200 --> 00:41:52,560 You ran to your uncle's... 489 00:41:53,240 --> 00:41:56,520 sweating, tired, blood on your hand..." 490 00:41:56,840 --> 00:41:58,760 The only stabbing in Freeport that night. 491 00:42:00,560 --> 00:42:05,720 Never did I tell him he did it. Never did I tell him he didn't do it. 492 00:42:06,800 --> 00:42:09,800 "Now it's on you if you're going to tell me what happened or not. 493 00:42:10,000 --> 00:42:11,440 I want your side of the story." 494 00:42:12,600 --> 00:42:15,680 And all he said, when he looked at me, he said, "Okay." And that was it. 495 00:42:16,880 --> 00:42:18,720 He says "I don't want to talk anymore." I said, "Okay." 496 00:42:20,200 --> 00:42:25,080 So to me, when he said, "Okay," that was a confession for me. You know? 497 00:42:47,560 --> 00:42:50,760 [Anderson] When I learned that law enforcement 498 00:42:51,480 --> 00:42:56,000 had taken a confession to an unrelated stabbing 499 00:42:56,080 --> 00:42:59,080 that supposedly was committed by the defendant 500 00:42:59,160 --> 00:43:01,840 before he came to Angelina County, 501 00:43:01,920 --> 00:43:06,200 I would say livid is getting closer to how I felt about that. 502 00:43:06,720 --> 00:43:08,480 I was extremely angry. 503 00:43:11,840 --> 00:43:14,160 That confession was taken at a point in time 504 00:43:14,240 --> 00:43:19,920 where I had already been appointed as David Lewis's counsel 505 00:43:20,000 --> 00:43:23,120 and so I'm on the record as representing him. 506 00:43:23,840 --> 00:43:28,720 So the law would require if a confession is to be taken 507 00:43:28,800 --> 00:43:31,520 after the defendant has counsel, 508 00:43:31,600 --> 00:43:35,560 that confession requires the consent of the defendant's counsel. 509 00:43:37,200 --> 00:43:40,920 I was not notified of their visit here. 510 00:43:41,000 --> 00:43:44,480 I was not notified of their intention to take a confession. 511 00:43:47,880 --> 00:43:53,840 The confession did come into evidence and I can't help but think 512 00:43:53,920 --> 00:43:59,640 that plays a role in what the jury sees about future dangerousness. 513 00:44:00,080 --> 00:44:03,880 Because if you got one event in a person's life, 514 00:44:03,960 --> 00:44:06,280 uh, that involves violence, 515 00:44:06,760 --> 00:44:11,200 then that may be some indication of what they're capable of doing 516 00:44:11,280 --> 00:44:13,160 and what they might do in the future. 517 00:44:13,240 --> 00:44:17,280 But if you have, unrelated to that, another violet act, 518 00:44:17,800 --> 00:44:20,960 then it's much easier for a jury to imagine 519 00:44:21,040 --> 00:44:25,320 that, yes, this person is going to be a future danger to society, 520 00:44:25,400 --> 00:44:28,000 and therefore answer that question in the affirmative. 521 00:44:45,920 --> 00:44:48,320 [crickets chirping] 522 00:45:04,560 --> 00:45:07,160 [keys jangling] 523 00:45:22,120 --> 00:45:26,720 [Gonzalez] On September 1st, 1986, I received a call about the stabbing... 524 00:45:27,320 --> 00:45:30,800 a complainant came out, observed the subject in between the cars, 525 00:45:30,880 --> 00:45:34,520 the suspect stood up and stabbed him in the stomach. 526 00:45:36,160 --> 00:45:38,280 Hmm. Yeah, yeah. 527 00:45:40,320 --> 00:45:44,560 That was used against me in my trial. [clears throat] 528 00:45:46,600 --> 00:45:48,880 I was burglarizing another house. 529 00:45:48,960 --> 00:45:52,040 And there was somebody asleep on the couch and they come outside 530 00:45:52,120 --> 00:45:55,000 and come around the back of the car. 531 00:45:56,080 --> 00:45:59,400 So the only thing I could do was pull my knife and stick them, 532 00:45:59,480 --> 00:46:00,840 then I turned and ran. 533 00:46:04,480 --> 00:46:07,920 I was a violent thug... [chuckles] 534 00:46:08,360 --> 00:46:12,120 who didn't give a crap about anybody but himself. 535 00:46:17,440 --> 00:46:20,400 When my mom first asked me about it, I told her I didn't do it, 536 00:46:20,480 --> 00:46:22,080 I didn't know anything about it. 537 00:46:23,040 --> 00:46:24,200 And then... 538 00:46:28,280 --> 00:46:32,200 I think in 2008 or '09, 539 00:46:35,520 --> 00:46:38,280 I told her that I... that it was me that did it. 540 00:46:42,000 --> 00:46:46,040 I think that's probably one of the reasons she doesn't come to visit me anymore. 541 00:46:48,080 --> 00:46:51,120 'Cause I lied to her, I disappointed her. 542 00:46:52,960 --> 00:46:55,360 This crime here weighed so much on her 543 00:46:55,440 --> 00:46:58,800 that I didn't want to tell her about the other. 544 00:47:00,040 --> 00:47:01,600 And finally I had to. 545 00:47:02,040 --> 00:47:05,320 It was too much weight on my shoulders and I had to get it off. 546 00:47:10,400 --> 00:47:14,800 [Linda] A.L. used to sit and brag about this man he beat the hell out of 547 00:47:14,880 --> 00:47:15,840 and that man he... 548 00:47:15,920 --> 00:47:22,320 David wasn't mentally capable of thinking the consequences about things. 549 00:47:22,400 --> 00:47:25,760 A.L. seemed to get away with everything, I guess he thought it was okay. 550 00:47:28,320 --> 00:47:32,920 Yeah, probably so. I grew up with a bunch of bad influence. 551 00:47:33,120 --> 00:47:35,520 Alcoholics, dope smokers. 552 00:47:37,200 --> 00:47:40,200 It rubs off, but... [clears throat] 553 00:47:40,280 --> 00:47:42,120 I have no excuse for my actions. 554 00:47:42,200 --> 00:47:45,680 I did it, I'm guilty. You know. 555 00:47:46,800 --> 00:47:50,600 A.L. was, uh, my idol, my hero. 556 00:47:50,680 --> 00:47:56,240 He was, uh, the ultimate outlaw, what I wanted to be growing up. 557 00:47:56,320 --> 00:48:01,280 And I guess that's why I became a thug, an outlaw, a hoodlum. 558 00:48:02,720 --> 00:48:05,960 He was an outlaw, biker, tough guy. 559 00:48:08,440 --> 00:48:11,800 He didn't steal or rob or kill. He didn't do none of that. 560 00:48:13,160 --> 00:48:15,560 I was a thief when I was a little kid. 561 00:48:15,640 --> 00:48:18,680 I'd steal in stores, steal candy and stuff. 562 00:48:20,480 --> 00:48:22,920 I can go in a store and see a pair of tennis shoes, 563 00:48:23,000 --> 00:48:26,400 I'll just put them on, lace them up and walk out, 'cause I want them. 564 00:48:29,680 --> 00:48:34,560 [Gonzalez] During the investigation, I received a call from Mr. A.L. Thompson. 565 00:48:34,640 --> 00:48:38,400 All he told me is that his nephew came to the residence, 566 00:48:38,640 --> 00:48:42,000 and he made a statement to Mr. Thompson that he had stabbed somebody. 567 00:48:45,440 --> 00:48:48,880 I never knew that. I never knew he called the police on me. 568 00:48:51,720 --> 00:48:52,920 Let me tell you something. 569 00:48:53,280 --> 00:48:58,240 In prison, you don't ever want the snitch jacket on your back. 570 00:48:58,320 --> 00:49:00,080 Ever, ever, ever. 571 00:49:00,160 --> 00:49:02,840 That's worse than being a child molester. 572 00:49:04,760 --> 00:49:06,640 [woman] But your uncle snitched on you. 573 00:49:09,480 --> 00:49:11,280 I know, that's what hurts. 574 00:49:15,680 --> 00:49:19,320 The material that was generated on him back then 575 00:49:19,400 --> 00:49:23,280 made it pretty clear that he had a diagnosis of mental retardation. 576 00:49:23,360 --> 00:49:28,040 There's quite a bit of discrimination and, uh, myths and misunderstandings 577 00:49:28,120 --> 00:49:31,320 that get in the way, particularly in the field of criminal justice. 578 00:49:33,440 --> 00:49:35,320 [Anderson] When you have someone like Mr. Lewis 579 00:49:35,400 --> 00:49:38,040 who is mentally impaired, 580 00:49:38,680 --> 00:49:42,160 the question remains whether or not he understands his rights 581 00:49:42,240 --> 00:49:46,720 and he can make a knowing and intelligent decision to waive those rights 582 00:49:46,800 --> 00:49:48,120 and to give a statement. 583 00:49:50,600 --> 00:49:53,000 [Lewis] Yeah, it's kind of too late to use that now. 584 00:49:53,080 --> 00:49:56,960 They say I'm not retarded, so I guess I'm not. 585 00:49:58,520 --> 00:50:04,120 It don't matter what the courts, it don't matter what the judge or DA-- 586 00:50:04,200 --> 00:50:07,520 Once they have their minds set on getting you, they're going to get you. 587 00:50:08,200 --> 00:50:11,240 And, of course, I understand that 'cause I'm guilty. If I was in their position, I'd feel the same way. 588 00:50:19,240 --> 00:50:22,600 When it comes to crime and being a murderer, 589 00:50:22,680 --> 00:50:24,600 you really have no excuse. 590 00:50:26,240 --> 00:50:27,520 You know what you're doing. 591 00:50:29,200 --> 00:50:31,560 Even though I was impaired, I knew what I was doing. 592 00:50:35,200 --> 00:50:40,680 Sure, I'm mentally impaired and I was drunk, high on mushrooms, 593 00:50:41,080 --> 00:50:43,120 but does it really matter? 594 00:50:43,640 --> 00:50:46,040 I pulled the trigger and killed somebody. 595 00:50:47,440 --> 00:50:49,640 And I can never give that life back.