1 00:00:08,203 --> 00:00:11,923 [unsettling music playing] 2 00:00:16,043 --> 00:00:18,003 [man] I should've been dead a long time ago. 3 00:00:20,643 --> 00:00:23,043 Everybody in my family's dead, except for me. 4 00:00:25,083 --> 00:00:26,763 I've always wondered why. 5 00:00:28,203 --> 00:00:29,443 Why am I still alive? 6 00:00:31,043 --> 00:00:32,883 I'm the black sheep of the family. 7 00:00:33,883 --> 00:00:35,763 I'm the only one that caused trouble. 8 00:01:05,883 --> 00:01:08,883 [man] I actually think there's someone else besides me 9 00:01:08,963 --> 00:01:11,283 playing tricks with my mind, or whatever. 10 00:01:12,083 --> 00:01:17,363 But… I can clearly say that things I've done… 11 00:01:18,883 --> 00:01:22,203 A lot of things I don't remember, I don't remember how I got there. 12 00:01:26,963 --> 00:01:30,003 It's like I can hear another voice saying, 13 00:01:30,923 --> 00:01:32,203 "Yeah, you did this." 14 00:01:32,283 --> 00:01:33,243 You know. 15 00:01:34,883 --> 00:01:36,883 I'm like, "No, I didn't do this." 16 00:01:37,683 --> 00:01:40,283 And it's like me playing a game with myself. 17 00:02:31,043 --> 00:02:31,883 [man] Yeah. 18 00:02:45,923 --> 00:02:46,763 Yes. 19 00:02:49,043 --> 00:02:49,883 Sure. 20 00:02:54,403 --> 00:02:55,643 That's fine, yes. 21 00:03:04,803 --> 00:03:07,443 My name is Deryl Wayne Madison. 22 00:03:09,043 --> 00:03:12,923 Born August 29th, 1958 in Monroe, Louisiana. 23 00:03:15,243 --> 00:03:18,763 I've been incarcerated for the last 33 years 24 00:03:20,363 --> 00:03:24,003 for a crime that I committed in my neighborhood 25 00:03:25,043 --> 00:03:27,043 in the year of 1988. 26 00:03:37,603 --> 00:03:39,323 Well, I grew up in Texas. 27 00:03:40,723 --> 00:03:42,083 My mother was… 28 00:03:43,683 --> 00:03:45,083 a registered nurse. 29 00:03:46,043 --> 00:03:49,003 She was a hard-working woman, Christian woman. 30 00:03:50,163 --> 00:03:53,483 I got along with my mother better than I did with my father. 31 00:03:54,123 --> 00:03:57,723 Me and my dad butted heads from the time I was five years old, 32 00:03:58,243 --> 00:04:00,163 and I never got along with him. 33 00:04:03,523 --> 00:04:05,883 I caught a lot of whippings from my dad. 34 00:04:06,643 --> 00:04:07,883 A lot, 'cause, uh… 35 00:04:09,403 --> 00:04:11,483 Extension cords and boards, mostly. 36 00:04:12,403 --> 00:04:16,123 A lot of times I took off and I wouldn't come back. 37 00:04:17,523 --> 00:04:18,363 You know… 38 00:04:20,723 --> 00:04:23,163 And it just got… It just got worse and worse. 39 00:04:30,803 --> 00:04:32,563 The first time I set a fire, 40 00:04:33,763 --> 00:04:36,123 I set a calendar on fire, it was on the wall. 41 00:04:36,203 --> 00:04:37,083 I set it on fire. 42 00:04:39,803 --> 00:04:42,163 I'd just sit there and just watch it, you know? 43 00:04:43,283 --> 00:04:45,923 And from that point on, it's like… 44 00:04:47,403 --> 00:04:48,883 I was obsessed with fire. 45 00:04:52,323 --> 00:04:55,603 I don't know if it was… aggression, 46 00:04:55,683 --> 00:04:58,923 taking it out on my dad, or a part of my dad, I don't know what it was. 47 00:04:59,603 --> 00:05:00,683 But it's… 48 00:05:02,283 --> 00:05:03,403 I actually lost it. 49 00:05:07,603 --> 00:05:09,363 Coming into my teenage years… 50 00:05:10,283 --> 00:05:11,883 12, 13 years old… 51 00:05:12,883 --> 00:05:15,163 I set a lot of buildings on fire, 52 00:05:15,243 --> 00:05:16,643 a lot of empty houses. 53 00:05:20,323 --> 00:05:22,483 And while the fires are going, 54 00:05:24,043 --> 00:05:26,923 and some people think I may be crazy, but… 55 00:05:27,003 --> 00:05:29,163 I would masturbate while the fire's going. 56 00:05:29,963 --> 00:05:31,003 And when I'm done, 57 00:05:31,963 --> 00:05:32,843 like, "Okay, 58 00:05:33,763 --> 00:05:35,243 I'm good," and I'd just leave. 59 00:05:36,003 --> 00:05:37,203 You know. 60 00:05:37,283 --> 00:05:38,483 That's kinda weird. 61 00:05:39,243 --> 00:05:41,363 That I'd stand in the middle of a fire 62 00:05:42,283 --> 00:05:44,843 and masturbatin' while the damn fire's going. 63 00:05:45,363 --> 00:05:46,603 You know, who does that? 64 00:05:47,363 --> 00:05:48,363 Know what I mean? 65 00:05:53,443 --> 00:05:56,683 It's like I can hear another voice saying, 66 00:05:56,763 --> 00:05:57,963 "Fire time." Right? 67 00:05:58,963 --> 00:06:01,083 It's like, "Fire time…" 68 00:06:04,803 --> 00:06:06,843 I want to say it's another person. 69 00:06:08,443 --> 00:06:09,403 I feel like… 70 00:06:10,483 --> 00:06:14,043 there was something else, someone else inside of me, besides me. 71 00:06:19,723 --> 00:06:21,923 I set my own house on fire one time. 72 00:06:22,763 --> 00:06:24,523 Everybody was gone to church. 73 00:06:26,683 --> 00:06:29,043 I set it on fire and I got back in bed 74 00:06:29,603 --> 00:06:30,603 and I lay down. 75 00:06:31,683 --> 00:06:33,003 I just stayed there. 76 00:06:34,083 --> 00:06:37,043 Before I knew it, the fireman was snatching me out of bed 77 00:06:37,123 --> 00:06:40,283 and dragged me out of the house, and I was full of smoke and stuff. 78 00:06:42,163 --> 00:06:45,323 They're like, "Who set the house on fire?" I'm like, "I don't know." 79 00:06:47,883 --> 00:06:49,363 Come to find out, it was me. 80 00:06:52,483 --> 00:06:54,483 Was it me, or was it someone else? 81 00:06:55,283 --> 00:06:57,123 I don't know, I can't tell you. 82 00:06:59,243 --> 00:07:00,843 I… I don't do that. 83 00:07:01,363 --> 00:07:04,123 It had to be someone else, it's not me. I don't do that. 84 00:07:13,123 --> 00:07:16,883 Man, I started smoking weed and drinking wine 85 00:07:16,963 --> 00:07:18,603 when I was, like, 12 years old. 86 00:07:19,643 --> 00:07:22,683 Then I started taking Valium and white crosses, 87 00:07:24,363 --> 00:07:26,323 walking on top of damn buildings. 88 00:07:28,283 --> 00:07:32,403 It's like… when I'm doing stuff like that it's like, I'm bold as hell. 89 00:07:32,483 --> 00:07:35,483 I feel like I'm ten feet tall, and I just start doing stuff. 90 00:07:42,363 --> 00:07:43,803 By the time I was 16, 91 00:07:45,043 --> 00:07:48,043 I was walking the streets of Houston, you know. 92 00:07:49,043 --> 00:07:51,643 I was just getting off on all kind of stuff. 93 00:07:53,323 --> 00:07:57,163 I'd go in a store and steal something, or I have a chance to take some money 94 00:07:57,243 --> 00:07:58,323 from somebody, I'd do that. 95 00:08:10,123 --> 00:08:11,643 I got out in '83. 96 00:08:13,003 --> 00:08:13,883 Hmm. 97 00:08:14,403 --> 00:08:16,803 I had a job working in an apartment complex 98 00:08:16,883 --> 00:08:17,923 and stuff like that. 99 00:08:20,043 --> 00:08:23,763 It was good while it lasted, but that's when I started smoking crack. 100 00:08:27,043 --> 00:08:29,283 In order for me to keep that habit up, 101 00:08:30,403 --> 00:08:33,603 I was robbing and stealing like crazy at that time. 102 00:08:36,523 --> 00:08:38,763 That's when my life went straight downhill. 103 00:08:55,323 --> 00:08:56,603 This particular day, 104 00:08:58,323 --> 00:08:59,323 it was in April. 105 00:09:01,443 --> 00:09:05,603 I was just walking down the street. I had, like, 1,800 dollars in my pocket. 106 00:09:06,443 --> 00:09:11,563 And I had, like… three ounces of rock, coke, in my pocket. 107 00:09:14,043 --> 00:09:16,603 And Miss Jolivet, she was sitting on her porch. 108 00:09:16,683 --> 00:09:18,683 I waved at her, and she waved back. 109 00:09:19,283 --> 00:09:22,403 I went around, I jumped over the fence and sat on the porch with her. 110 00:09:24,803 --> 00:09:27,883 We was talking about the weather, how's everything going, 111 00:09:27,963 --> 00:09:30,083 how's the garden and all that stuff. 112 00:09:30,163 --> 00:09:33,843 I used to help clean out the garage and stuff, clean the yard. 113 00:09:35,443 --> 00:09:38,163 I didn't need anything that day. I didn't need nothin'. 114 00:09:38,643 --> 00:09:40,083 I had everything I wanted. 115 00:09:40,643 --> 00:09:42,203 I was just sitting there. 116 00:09:44,043 --> 00:09:47,643 All of a sudden I just snapped, I just popped off in my mind. 117 00:09:48,723 --> 00:09:51,883 So she got up and she gettin' ready to go in and I said, "Okay." 118 00:09:52,603 --> 00:09:55,443 I got up and helped her in, I held the door open for her, 119 00:09:56,363 --> 00:09:57,963 and for some damn reason, 120 00:09:58,643 --> 00:10:01,203 I pushed her all the way-- I pushed her inside the house. 121 00:10:02,483 --> 00:10:03,563 You know… 122 00:10:04,643 --> 00:10:07,123 I pushed her inside the house, she hit the floor. 123 00:10:09,883 --> 00:10:11,843 I hit her three or four times. 124 00:10:14,123 --> 00:10:15,323 She was screaming. 125 00:10:17,643 --> 00:10:19,403 I drug her to the back, 126 00:10:19,483 --> 00:10:22,443 I ran in and got a knife out of the kitchen drawer, 127 00:10:23,003 --> 00:10:24,443 and I stabbed her twice. 128 00:10:26,043 --> 00:10:27,643 Just like that, like… 129 00:10:32,043 --> 00:10:35,243 I don't know what that was. I don't know why I did it. 130 00:10:39,323 --> 00:10:41,003 Then I sat down on the floor. 131 00:10:42,083 --> 00:10:45,283 I just sat there, right next to her, I just sat there. 132 00:10:51,523 --> 00:10:54,803 I was told I did a lot of shit. I was told I tore the house up… 133 00:10:55,363 --> 00:10:59,283 I… I really didn't believe none of that, but I didn't tear nobody's house up. 134 00:11:00,843 --> 00:11:03,523 At least I don't think I tore the house up. I don't… 135 00:11:05,043 --> 00:11:08,323 I was so full of drugs back then, there's no telling what I did. 136 00:11:08,403 --> 00:11:09,443 Man, I don't know. 137 00:11:22,523 --> 00:11:25,683 I ran so far, I just ran till I couldn't run no more. 138 00:11:27,363 --> 00:11:28,923 I sat down on the curb… 139 00:11:30,963 --> 00:11:33,163 of Tuam and Main, I just sat there. 140 00:11:37,523 --> 00:11:40,003 And it dawned on me that I had killed someone. 141 00:11:42,883 --> 00:11:44,483 No, I didn't kill nobody. 142 00:11:45,523 --> 00:11:47,403 I couldn't kill nobody, right? 143 00:12:31,243 --> 00:12:34,523 [woman] The Fifth Ward is a very old community 144 00:12:34,603 --> 00:12:39,203 that's been established in Houston for many, many, many years. 145 00:12:40,963 --> 00:12:43,443 Back in '88 when this murder occurred, 146 00:12:43,523 --> 00:12:47,323 it was a pretty heavy drug trafficking area, 147 00:12:47,923 --> 00:12:53,003 and not really sure that it's changed a whole lot in all of these years. 148 00:12:57,443 --> 00:12:59,883 My name is Sergeant Sharon Evans, 149 00:12:59,963 --> 00:13:05,803 and I was one of the detectives assigned to the murder case of Beulah Jolivet. 150 00:13:20,363 --> 00:13:22,123 [Sharon] As investigators, 151 00:13:22,963 --> 00:13:27,003 we're the representative of the victim in all the crimes that we go to. 152 00:13:30,323 --> 00:13:32,003 So, while doing this, 153 00:13:32,083 --> 00:13:35,483 I feel like I'm the representative for Miss Jolivet. 154 00:13:41,163 --> 00:13:43,323 What we came to know about Miss Jolivet, 155 00:13:43,403 --> 00:13:45,883 as a result of doing this investigation, 156 00:13:45,963 --> 00:13:49,083 is that she had lived in this home for many, many years 157 00:13:49,163 --> 00:13:52,243 and was well respected and known by her neighbors. 158 00:13:54,923 --> 00:13:58,723 For me, the investigation starts from the second I get out of my car, 159 00:13:58,803 --> 00:14:00,123 walk up to the front door, 160 00:14:00,203 --> 00:14:01,723 and when I open the door, 161 00:14:01,803 --> 00:14:05,563 my job is to detail everything inside that house. 162 00:14:06,163 --> 00:14:07,363 Everything. 163 00:14:10,723 --> 00:14:14,043 From the second I walk in there, I knew this is going to be brutal. 164 00:14:16,123 --> 00:14:18,163 There was blood on the floor. 165 00:14:18,243 --> 00:14:21,243 There were a couple of teeth from the victim 166 00:14:21,323 --> 00:14:25,323 that were noticeably in the blood, that were on the floor in the rug. 167 00:14:25,403 --> 00:14:28,163 Then there were blood smears that went from that location 168 00:14:28,243 --> 00:14:31,203 into the hallway and continuing through the house. 169 00:14:32,723 --> 00:14:34,923 There was a radio missing off her side table, 170 00:14:35,003 --> 00:14:38,083 that he used the cord of that radio to strangle around her neck, 171 00:14:38,163 --> 00:14:40,163 that cord was still there. 172 00:14:40,243 --> 00:14:44,003 And there was also a bloody knife on the floor, close to her, 173 00:14:44,083 --> 00:14:47,523 that he used to stab her twice in the back. 174 00:14:47,603 --> 00:14:49,323 And according to the autopsy, 175 00:14:49,403 --> 00:14:52,923 those two stab marks at the end were the fatal blows. 176 00:14:53,443 --> 00:14:58,203 So, when you know that he brutalized Miss Jolivet all the way through her home, 177 00:14:58,283 --> 00:15:01,643 kicking and hitting her and strangling her with the cord, 178 00:15:01,723 --> 00:15:04,923 and placing the heater on her legs, 179 00:15:05,003 --> 00:15:07,803 those were not the events that killed her. 180 00:15:07,883 --> 00:15:11,563 Those were the events that brutalized her through her own home. 181 00:15:14,163 --> 00:15:17,043 He went through all the property inside Miss Jolivet's home 182 00:15:17,123 --> 00:15:19,643 to find things that he thought he could sell. 183 00:15:20,243 --> 00:15:22,923 He closed all the drapes in every room 184 00:15:23,003 --> 00:15:26,123 so that he could spend whatever time he wanted to or needed to, 185 00:15:26,203 --> 00:15:28,643 inside the home, to go through all of her stuff. 186 00:15:29,643 --> 00:15:33,843 Deryl made at least three trips in and out of the house, that I know of, 187 00:15:33,923 --> 00:15:36,363 and he left the home and went a few houses down, 188 00:15:36,443 --> 00:15:39,683 or locally in the neighborhood and sold those items 189 00:15:39,763 --> 00:15:41,443 to one of the drug dealers here. 190 00:15:44,203 --> 00:15:47,323 So, he had no problem walking in and out of her house, 191 00:15:47,403 --> 00:15:50,483 even though he had just brutally victimized her in that way. 192 00:15:58,043 --> 00:15:59,963 Those details are very important 193 00:16:00,043 --> 00:16:02,803 to understanding who he was, and why he did this action. 194 00:16:04,003 --> 00:16:05,803 It was not a momentary thing. 195 00:16:06,723 --> 00:16:07,883 He didn't hit her once, 196 00:16:07,963 --> 00:16:10,083 and she hit her head on the coffee table and died. 197 00:16:12,123 --> 00:16:15,203 In my opinion, Deryl Madison was very sadistic. 198 00:16:15,723 --> 00:16:17,563 He planned this in his head, 199 00:16:17,643 --> 00:16:20,243 or planned it when he was in the home, or both, 200 00:16:20,323 --> 00:16:22,283 uh, but he was in no hurry. 201 00:17:15,683 --> 00:17:17,203 [student chatter] 202 00:17:17,283 --> 00:17:19,963 [lecturer] Okay, thanks for everybody coming today. 203 00:17:20,043 --> 00:17:22,563 What we're going to touch base on in class 204 00:17:22,643 --> 00:17:26,243 is a brief overview of capital punishment 205 00:17:26,323 --> 00:17:29,043 and the role that mental health evidence plays 206 00:17:29,123 --> 00:17:31,123 in these types of cases. 207 00:17:34,923 --> 00:17:39,803 …and it revolves around mitigating evidence that the jury can consider 208 00:17:39,883 --> 00:17:43,923 to decide that somebody is essentially less death-worthy. 209 00:17:44,003 --> 00:17:45,443 [voice in class fades] 210 00:17:45,523 --> 00:17:47,723 My name is John Edens. 211 00:17:47,803 --> 00:17:50,603 I am a forensic psychologist by training, 212 00:17:50,683 --> 00:17:53,843 and I'm a university professor at Texas A&M University, 213 00:17:54,363 --> 00:17:58,683 where I've done research on and consulted on capital murder cases 214 00:17:58,763 --> 00:18:00,963 for approximately the last 20 years. 215 00:18:01,523 --> 00:18:04,603 [in class] You are talking about somebody who's already been sentenced 216 00:18:04,683 --> 00:18:08,723 to either death, or life without parole. 217 00:18:20,723 --> 00:18:24,203 [John] So, in a capital case, such as this, 218 00:18:24,283 --> 00:18:27,643 the defense's role typically tends to focus on 219 00:18:27,723 --> 00:18:30,723 psychological factors, if they are there, 220 00:18:30,803 --> 00:18:34,203 that paint the defendant in a more positive light. 221 00:18:34,963 --> 00:18:37,243 We're not talking about turning anybody loose, 222 00:18:37,323 --> 00:18:40,083 or saying they're innocent, or don't deserve to be punished, 223 00:18:40,163 --> 00:18:42,523 but saying that they don't deserve to die, 224 00:18:42,603 --> 00:18:45,723 based on the sentencing statute that Texas uses. 225 00:19:01,563 --> 00:19:04,043 [John] Dr. Dickerson basically said 226 00:19:04,123 --> 00:19:07,123 that Deryl suffered from dissociative identity disorder. 227 00:19:11,643 --> 00:19:15,643 Essentially, the primary symptom is the presence of at least two 228 00:19:15,723 --> 00:19:19,283 separable personalities residing within the same person, 229 00:19:19,803 --> 00:19:23,203 that for the most part may act, uh… 230 00:19:23,283 --> 00:19:25,843 completely separately from each other. 231 00:19:26,443 --> 00:19:31,283 And people historically have referred to this as multiple personality disorder. 232 00:19:36,523 --> 00:19:39,083 Based on Dr. Dickerson's assessment, 233 00:19:39,163 --> 00:19:42,323 Deryl's personality is being fragmented 234 00:19:42,403 --> 00:19:46,003 into different parts, and his ability to control his behavior 235 00:19:46,083 --> 00:19:48,283 seems to be pretty clearly impaired. 236 00:20:04,443 --> 00:20:06,323 [Deryl, on recording] I was about 14. 237 00:20:07,643 --> 00:20:08,803 I was in class. 238 00:20:09,803 --> 00:20:12,323 Everybody in the classroom was staring at me. 239 00:20:12,403 --> 00:20:13,683 So the teacher said, 240 00:20:14,203 --> 00:20:16,123 "Who are you talking to?" I said… 241 00:20:16,883 --> 00:20:19,123 "What do you mean? I wasn't talking to nobody." 242 00:20:19,203 --> 00:20:22,083 Everybody in the classroom was watching me, I was talking, 243 00:20:22,163 --> 00:20:24,723 but I was unaware that I was… 244 00:20:24,803 --> 00:20:25,643 talking. 245 00:20:26,203 --> 00:20:27,323 I didn't know I was. 246 00:20:29,123 --> 00:20:31,923 So I know that's another personality, it had to be. 247 00:20:32,483 --> 00:20:34,763 It just pops up all of a sudden. 248 00:20:39,443 --> 00:20:44,083 He's certainly describing symptoms related to disassociation and, uh, 249 00:20:44,163 --> 00:20:45,803 depersonalization. 250 00:20:45,883 --> 00:20:50,563 The fact that he's talking to himself and not realizing it is a bit… 251 00:20:50,643 --> 00:20:52,763 uh, a little bit unusual. 252 00:20:52,843 --> 00:20:57,083 It's certainly indicative of somebody who's kind of disconnected 253 00:20:57,163 --> 00:20:59,723 or fragmented from, you know, parts of himself. 254 00:21:01,883 --> 00:21:04,203 [Deryl, on recording] I don't know why I killed Miss Jolivet. 255 00:21:05,363 --> 00:21:06,283 I really don't. 256 00:21:08,443 --> 00:21:10,163 But it was like a rage. 257 00:21:12,243 --> 00:21:14,603 A fit of rage that come out of nowhere. 258 00:21:15,523 --> 00:21:18,643 I mean, she never did nothing to me. You know, but… 259 00:21:19,643 --> 00:21:21,083 Why did I take her life? 260 00:21:23,123 --> 00:21:24,283 You know… 261 00:21:27,123 --> 00:21:29,403 [John] The issue is, is Deryl morally culpable enough 262 00:21:29,483 --> 00:21:31,923 that he really deserves to be put to death? 263 00:21:32,003 --> 00:21:35,803 And if I take at face value 264 00:21:35,883 --> 00:21:40,563 how Dr. Dickerson describes Deryl's mental state, 265 00:21:40,643 --> 00:21:46,323 then that, to me, seems like that would obviously be a huge mitigating factor 266 00:21:46,403 --> 00:21:48,283 that a jury ought to take into account. 267 00:21:50,243 --> 00:21:52,043 I would have had a very hard time 268 00:21:52,123 --> 00:21:54,163 making the case, in my mind, 269 00:21:54,243 --> 00:21:57,523 that this is somebody who the death penalty is appropriate for. 270 00:21:59,923 --> 00:22:03,123 If I could wave a magic wand and put Deryl in a place 271 00:22:03,203 --> 00:22:06,643 where I think it would make the most sense for someone like him to be, 272 00:22:06,723 --> 00:22:09,603 it would be in a forensic psychiatric hospital, 273 00:22:09,683 --> 00:22:12,443 more so than in a prison system. 274 00:22:12,523 --> 00:22:14,523 But I don't have a magic wand. [rueful laugh] 275 00:22:46,923 --> 00:22:51,963 [man] The Texas capital murder statute is almost unique in the United States, 276 00:22:52,043 --> 00:22:55,963 and the jury has to answer two particular questions. 277 00:22:57,043 --> 00:23:01,243 One is, "Was the act by the defendant…" 278 00:23:01,323 --> 00:23:05,003 "Was it deliberate?" "Did it cause the death of the individual?" 279 00:23:06,323 --> 00:23:09,883 The next step is that the jury has to unanimously decide 280 00:23:09,963 --> 00:23:15,163 that the defendant be constituted a continuing threat to society. 281 00:23:15,243 --> 00:23:18,523 And if they agree on the first and on the second special issue, 282 00:23:18,603 --> 00:23:20,923 that automatically results in a death penalty. 283 00:23:23,483 --> 00:23:28,883 It comes down to, like, flipping a coin. It's either life or death. That's it. 284 00:23:33,643 --> 00:23:35,803 My name is James W. Marquart, 285 00:23:35,883 --> 00:23:39,043 and I am a sociologist, criminologist by training. 286 00:23:39,923 --> 00:23:43,163 And I testified in the Deryl Madison case 287 00:23:43,243 --> 00:23:46,803 as an expert in the particular area of future dangerousness. 288 00:23:50,643 --> 00:23:54,563 Firstly, Deryl was fully responsible for this murder. 289 00:23:54,643 --> 00:23:56,643 There's no question about it. 290 00:23:56,723 --> 00:23:57,563 But… 291 00:23:57,643 --> 00:24:02,363 are there mitigating factors in this case in terms of the punishment? 292 00:24:02,443 --> 00:24:05,163 I believe completely that yes, there are. 293 00:24:07,323 --> 00:24:10,723 Deryl grew up in a poor African-American family. 294 00:24:10,803 --> 00:24:14,043 His father was very abusive, 295 00:24:14,123 --> 00:24:17,363 and he had three other siblings, so there were four children 296 00:24:17,443 --> 00:24:19,403 and they were all treated horribly. 297 00:24:19,483 --> 00:24:22,563 And I think several of them have died at a young age. 298 00:24:23,603 --> 00:24:28,003 You know, he was never really socialized as to how to be a human being. 299 00:24:28,083 --> 00:24:31,683 So, he had a hard time adapting just in ordinary daily life, 300 00:24:31,763 --> 00:24:36,483 and that set that kid on a path to-- He didn't have a chance. 301 00:24:36,563 --> 00:24:38,003 Had no chance whatsoever. 302 00:24:45,323 --> 00:24:50,443 If you look at the context of Houston at the time of the offense, 303 00:24:51,163 --> 00:24:54,003 Houston was awash in cocaine. 304 00:24:55,963 --> 00:24:59,523 And you saw an epidemic of violent crime in the city itself. 305 00:25:00,923 --> 00:25:02,763 I remember watching the news. 306 00:25:02,843 --> 00:25:06,243 Every night, it was like another murder, another murder, another murder… 307 00:25:06,323 --> 00:25:08,683 It was like every day this was going on. 308 00:25:10,323 --> 00:25:14,643 It was like a snowball or a train going downhill, without a driver in it. 309 00:25:14,723 --> 00:25:16,723 And he got swept up into all that. 310 00:25:20,523 --> 00:25:23,203 And if I'm sitting on that jury at that time, 311 00:25:23,283 --> 00:25:26,523 you know, all these other murders going on in the city, 312 00:25:26,603 --> 00:25:30,363 I'm probably thinking, "I'm not going to cut you any slack." 313 00:25:56,563 --> 00:25:58,123 [Deryl, on recording] Believe it or not, 314 00:25:58,203 --> 00:26:01,603 I ain't have no feeling at all when they gave me the death penalty. 315 00:26:03,083 --> 00:26:06,443 I didn't know what to feel. It's like, I don't feel anything. 316 00:26:06,523 --> 00:26:08,163 I don't know why it's like that. 317 00:26:08,683 --> 00:26:11,323 It's like when my mom died, my brothers, my sisters… 318 00:26:11,963 --> 00:26:13,923 I never shed a tear for anyone. 319 00:26:17,043 --> 00:26:18,963 I don't know what it feels like to be… 320 00:26:19,843 --> 00:26:21,283 loved by people. 321 00:26:21,923 --> 00:26:24,403 I don't. I don't know what that is. 322 00:26:25,723 --> 00:26:27,483 I couldn't tell you what that is. 323 00:26:39,883 --> 00:26:42,163 [James] The guy had a stacked deck against him 324 00:26:42,243 --> 00:26:45,963 almost from the time that he was born because he had issues in school, 325 00:26:46,043 --> 00:26:47,003 issues at home. 326 00:26:48,003 --> 00:26:51,323 If you have this addiction and these things, you're paranoid. 327 00:26:51,403 --> 00:26:55,443 And people with this cocaine addiction engage in risky behavior. 328 00:26:56,083 --> 00:27:02,123 And that kind of destroyed, in his mind, any sort of a buffer or a blocker. 329 00:27:02,203 --> 00:27:06,043 He saw her as a target and went after her. He didn't even think about it. 330 00:27:06,123 --> 00:27:08,123 He made an impulsive… 331 00:27:09,243 --> 00:27:10,883 an impulsive decision to do this 332 00:27:10,963 --> 00:27:14,163 without thinking of any of the ramifications from it. 333 00:27:15,843 --> 00:27:18,563 He's not a professional violent criminal. 334 00:27:18,643 --> 00:27:22,563 He's disorganized, and tomorrow it could be shoplifting. 335 00:27:23,123 --> 00:27:26,883 And, you know, he just doesn't have those violent tendencies 336 00:27:26,963 --> 00:27:29,403 that would make him a future threat. 337 00:27:31,043 --> 00:27:34,523 I get it, he committed a horrible crime, I understand that. 338 00:27:34,603 --> 00:27:39,163 But the death penalty was not an appropriate sentence at that time. 339 00:27:39,243 --> 00:27:41,163 I… I just… I don't believe it was. 340 00:28:03,443 --> 00:28:04,883 [Sharon] As an investigator, 341 00:28:05,523 --> 00:28:08,123 I completely believe in our justice system. 342 00:28:10,123 --> 00:28:12,923 We do our investigation to the best of our ability. 343 00:28:13,003 --> 00:28:15,723 The prosecutors go through the trial process 344 00:28:15,803 --> 00:28:18,883 and all the evidence is presented to a jury. 345 00:28:20,483 --> 00:28:24,043 The jury listens to both sides and everything that was presented to them, 346 00:28:24,123 --> 00:28:25,523 and they make the decision. 347 00:28:25,603 --> 00:28:28,603 And they had no problem, whatsoever, finding him guilty 348 00:28:28,683 --> 00:28:30,443 and giving him the death penalty. 349 00:28:49,363 --> 00:28:52,523 [Sharon] I can still visualize Miss Jolivet laying on the floor 350 00:28:52,603 --> 00:28:54,563 in the condition that she was in. 351 00:28:55,203 --> 00:28:59,403 And that's what helps me to sit here and speak out for her. 352 00:29:00,003 --> 00:29:04,403 At this point, we're the only people there to represent Miss Jolivet. 353 00:29:07,123 --> 00:29:10,363 I know what her last moments on this Earth looked like, 354 00:29:11,083 --> 00:29:13,563 and I don't want that part to be forgotten. 355 00:29:38,603 --> 00:29:41,403 [woman] I witnessed two executions. 356 00:29:42,723 --> 00:29:47,883 I was the first Italian woman to witness an execution in America. 357 00:29:50,003 --> 00:29:52,723 And it was very hard, 358 00:29:52,803 --> 00:29:55,723 because you can watch, 359 00:29:56,283 --> 00:30:00,083 but you cannot do anything for the person who is dying. 360 00:30:01,843 --> 00:30:03,283 It is an experience 361 00:30:03,363 --> 00:30:09,323 that you will have in your mind and your heart for your entire life. 362 00:30:14,163 --> 00:30:15,523 My name is Michela Mancini, 363 00:30:15,603 --> 00:30:19,523 I'm the vice president of the Italian Coalition to Abolish the Death Penalty. 364 00:30:20,483 --> 00:30:22,483 [computer keys clicking] 365 00:30:24,843 --> 00:30:29,963 [Michela] As Italian Coalition we try to help so many prisoners, 366 00:30:30,043 --> 00:30:32,643 especially in the United States, 367 00:30:32,723 --> 00:30:38,483 because it is the last democracy that uses the death penalty. 368 00:30:40,243 --> 00:30:43,163 Our intention is to go there 369 00:30:43,243 --> 00:30:46,883 to help them to understand that maybe, 370 00:30:47,403 --> 00:30:50,043 uh, it's not the right solution. 371 00:30:51,323 --> 00:30:53,043 We are citizens of the world. 372 00:30:54,643 --> 00:30:56,643 We must be worried 373 00:30:57,523 --> 00:31:00,603 about what is happening in another state. 374 00:31:14,923 --> 00:31:18,323 [Michela] The first time I received a letter from Deryl Madison, 375 00:31:18,403 --> 00:31:22,403 it was in 1995. 376 00:31:23,403 --> 00:31:25,923 I started to write him back. 377 00:31:26,003 --> 00:31:28,963 And after that, we continued to write. 378 00:31:29,843 --> 00:31:32,803 And, in 1996, 379 00:31:33,643 --> 00:31:36,043 I went to visit him for the first time. 380 00:31:38,723 --> 00:31:44,043 And, since then, he became a part of my family. 381 00:31:47,923 --> 00:31:50,283 What convinced me 382 00:31:50,363 --> 00:31:53,963 to help him was 383 00:31:54,043 --> 00:31:58,323 the fact that Deryl was so alone, 384 00:31:58,883 --> 00:32:02,883 and no one took care of him, really. 385 00:32:05,123 --> 00:32:11,283 The only time I was not be able to look Deryl in his eyes, 386 00:32:12,563 --> 00:32:19,563 it was the day after when I saw the picture of the lady that died. 387 00:32:21,323 --> 00:32:25,203 If someone had killed my grandmother, 388 00:32:28,243 --> 00:32:32,963 I do want that person to stay in prison for what he has done. 389 00:32:34,403 --> 00:32:37,243 But, during the visit, 390 00:32:38,803 --> 00:32:41,643 by talking and listening 391 00:32:41,723 --> 00:32:43,843 to what he said, 392 00:32:44,603 --> 00:32:47,763 I understood, at that time, 393 00:32:47,843 --> 00:32:50,603 that what I had in front of me, 394 00:32:50,683 --> 00:32:55,363 it wasn't, no more, the person that committed that crime. 395 00:32:55,923 --> 00:32:57,603 It was my friend Deryl. 396 00:33:10,963 --> 00:33:14,763 [Michela] My intention was to save his life. 397 00:33:16,723 --> 00:33:18,043 I didn't care how. 398 00:33:20,643 --> 00:33:24,003 Three weeks before his date of execution, 399 00:33:24,803 --> 00:33:29,683 we tried to go in a hurry and to find a good lawyer, 400 00:33:29,763 --> 00:33:31,763 someone who could help him, 401 00:33:32,483 --> 00:33:34,363 in a concrete way. 402 00:33:35,123 --> 00:33:39,523 And we were very lucky because we found Mayer and Brown, 403 00:33:39,603 --> 00:33:44,283 that proposed us to help him for free. 404 00:33:45,643 --> 00:33:48,163 When they had all the documents, 405 00:33:48,243 --> 00:33:50,323 they understood immediately 406 00:33:50,403 --> 00:33:56,123 that probably… [laughs]… something… They could do something useful for Deryl. 407 00:34:25,523 --> 00:34:27,203 Deryl was very scared. 408 00:34:30,723 --> 00:34:34,843 And when someone has fear, 409 00:34:35,443 --> 00:34:37,723 it is very difficult, no? 410 00:34:37,803 --> 00:34:44,203 Uh, to… to think, to choose, and to decide something. 411 00:34:45,203 --> 00:34:49,403 But, obviously, the risk was that another jury 412 00:34:49,483 --> 00:34:52,803 could confirm the death sentence. 413 00:34:56,043 --> 00:34:58,163 He didn't want to go back to trial. 414 00:34:58,963 --> 00:35:03,003 So, after thinking a lot, 415 00:35:03,683 --> 00:35:09,483 uh… he accepted to stay in prison for his entire life. 416 00:35:43,643 --> 00:35:47,203 [Sharon] I'm surprised to find that his sentence was overturned. 417 00:35:48,283 --> 00:35:49,403 I'm disappointed, 418 00:35:50,043 --> 00:35:53,603 because I think we had a very good case at the time. 419 00:36:08,603 --> 00:36:11,043 [Deryl, on recording] As a sane person, I wouldn't have done it. 420 00:36:11,683 --> 00:36:12,523 You know? 421 00:36:14,283 --> 00:36:17,283 I actually think there's someone else besides me. 422 00:36:17,363 --> 00:36:19,563 Maybe, it's me doing drugs 423 00:36:19,643 --> 00:36:23,963 that this… other personality I have, 424 00:36:24,043 --> 00:36:25,163 usually pops up. 425 00:36:26,883 --> 00:36:30,043 It's like I can hear another voice saying, 426 00:36:30,883 --> 00:36:32,883 "Yeah, you did this," you know? 427 00:36:34,723 --> 00:36:36,803 I'm like, "No, I didn't do this." 428 00:36:37,723 --> 00:36:40,443 It's like me playing a game with myself. 429 00:36:50,723 --> 00:36:55,723 It's my personal thought that Deryl, as well as some others that are in prison, 430 00:36:55,803 --> 00:36:58,603 certainly the ones that are on death row, 431 00:36:58,683 --> 00:37:01,043 have learned from the system 432 00:37:01,123 --> 00:37:02,763 what they need to say. 433 00:37:05,963 --> 00:37:09,163 I think it's common for people that we've incarcerated 434 00:37:09,243 --> 00:37:12,803 to say that it was their mental state, or the way they were brought up, 435 00:37:12,883 --> 00:37:15,283 or they were brutalized when they were kids… 436 00:37:15,363 --> 00:37:19,803 They had a drug habit, all kinds of reasonings that they come up with later, 437 00:37:19,883 --> 00:37:21,923 for why they did the acts that they did. 438 00:37:39,923 --> 00:37:45,123 My personal feelings about Deryl saying that he was mentally ill at the time 439 00:37:45,203 --> 00:37:47,683 and he thinks it was another person, 440 00:37:47,763 --> 00:37:50,803 I think that's probably the way he views it now, 441 00:37:50,883 --> 00:37:53,123 versus the way he viewed it at the time. 442 00:37:53,643 --> 00:37:55,803 Maybe he's a little remorseful now, 443 00:37:56,723 --> 00:37:59,323 but that doesn't bring Miss Jolivet back. 444 00:37:59,403 --> 00:38:01,803 That doesn't allow her to live the rest of her life. 445 00:38:01,883 --> 00:38:04,763 That doesn't take away the pain and brutality 446 00:38:04,843 --> 00:38:06,963 that she suffered by his hands, 447 00:38:07,483 --> 00:38:09,523 at the time he did this act. 448 00:38:13,323 --> 00:38:15,883 Miss Jolivet deserves 449 00:38:16,723 --> 00:38:19,123 that he get the death penalty for what he did to her, 450 00:38:19,203 --> 00:38:22,963 because that's the crime that he committed by taking her life. 451 00:38:24,723 --> 00:38:28,323 In my opinion, he… he does not deserve life without parole. 452 00:38:55,323 --> 00:38:57,563 [Deryl] During my trial, after going through everything, 453 00:38:57,643 --> 00:38:59,923 after listening to all the testimony, 454 00:39:00,003 --> 00:39:01,683 and looking back on my life, 455 00:39:03,123 --> 00:39:04,443 and what I've done, 456 00:39:06,123 --> 00:39:09,163 at that time, yes, I did deserve the death penalty. 457 00:39:10,323 --> 00:39:12,243 You just don't take a life 458 00:39:12,763 --> 00:39:14,883 from someone that's been living that long, you know? 459 00:39:15,603 --> 00:39:17,563 And you deserve to be punished for it. 460 00:39:17,643 --> 00:39:20,163 I deserved the death penalty for doing what I did. 461 00:39:20,243 --> 00:39:21,603 Yeah, I understand. 462 00:39:22,523 --> 00:39:25,203 That's how the law works, huh? So… 463 00:39:26,523 --> 00:39:28,643 At the same time, I'm locked up for the rest of my life. 464 00:39:28,723 --> 00:39:30,163 I'm never getting out again… 465 00:39:33,363 --> 00:39:34,203 you know. 466 00:39:34,283 --> 00:39:35,883 I'm not a monster, right? 467 00:39:36,443 --> 00:39:37,963 But I did commit a crime, 468 00:39:38,603 --> 00:39:39,963 and I am paying for it. 469 00:39:45,603 --> 00:39:47,643 [Sharon, on recording] Deryl made at least three trips 470 00:39:47,723 --> 00:39:49,683 in and out of the house that I know of, 471 00:39:49,763 --> 00:39:54,603 and he left the home and sold those items to one of the drug dealers here. 472 00:39:57,323 --> 00:40:00,483 In my opinion, Deryl Madison was very sadistic. 473 00:40:01,163 --> 00:40:02,843 He planned this in his head, 474 00:40:02,923 --> 00:40:06,043 or planned it when he was in the home, or both… 475 00:40:06,123 --> 00:40:07,563 but he was in no hurry. 476 00:40:12,003 --> 00:40:14,523 She's the detective that was in my case, right? 477 00:40:15,403 --> 00:40:17,003 They kept asking me questions, 478 00:40:18,283 --> 00:40:20,763 and I told them exactly what I did. 479 00:40:21,723 --> 00:40:23,043 I didn't lie about anything. 480 00:40:24,003 --> 00:40:26,003 I did take stuff out of the house. 481 00:40:26,083 --> 00:40:30,163 I had no plans of that before, but when I went in there, 482 00:40:30,243 --> 00:40:34,643 and after she was dead, yeah, I did. I started just taking stuff out the house. 483 00:40:35,283 --> 00:40:37,403 It was stuff that I sold for crack. 484 00:40:38,003 --> 00:40:41,323 I was thinking like a dope fiend. I didn't have a clear head. 485 00:40:42,363 --> 00:40:44,443 I was a dope fiend. I wanted drugs. 486 00:40:45,163 --> 00:40:46,443 That's what that was. 487 00:40:49,643 --> 00:40:52,683 I did not plan to murder Miss Jolivet. 488 00:40:53,363 --> 00:40:57,043 That happened while I was there, right? It just… all of a sudden, it just… 489 00:40:59,003 --> 00:41:00,203 It was a different thing. 490 00:41:00,283 --> 00:41:01,803 Once I was in there, 491 00:41:01,883 --> 00:41:05,283 my whole… my whole mindset changed. 492 00:41:08,003 --> 00:41:10,683 I don't consider myself an evil person, but… 493 00:41:11,723 --> 00:41:13,003 we have to pay our… 494 00:41:13,923 --> 00:41:16,523 debt to society anytime we do anything wrong. 495 00:41:19,683 --> 00:41:21,123 I may not like it, but, 496 00:41:21,723 --> 00:41:25,003 as the saying goes, "You make your bed, you have to lie in it." 497 00:41:29,643 --> 00:41:32,683 Bubba was the name that my grandmother gave me when I was born. 498 00:41:33,483 --> 00:41:35,843 That's what I call my other personality. 499 00:41:38,923 --> 00:41:40,043 Bubba is… 500 00:41:41,603 --> 00:41:44,043 I wouldn't exactly say my alter ego, but… 501 00:41:44,563 --> 00:41:45,603 [chuckles] 502 00:41:46,323 --> 00:41:48,523 Sort of a Jekyll and Hyde type. 503 00:41:49,843 --> 00:41:53,003 You know, he gets me in trouble. I'll put it that way. 504 00:41:53,723 --> 00:41:54,563 He's… 505 00:41:55,523 --> 00:41:58,483 it's more like me asking myself questions, right? 506 00:41:59,003 --> 00:42:02,163 You know, "What the hell did you do that for?" 507 00:42:03,803 --> 00:42:07,083 I'd get up in the middle of night and walk back and forth in the cell. 508 00:42:08,003 --> 00:42:08,963 He would say, uh… 509 00:42:10,923 --> 00:42:11,923 "Can't sleep?" 510 00:42:13,203 --> 00:42:15,883 It's just crazy, man… I dunno… 511 00:42:18,483 --> 00:42:21,203 I hope he doesn't do anything stupid one of these days. 512 00:42:24,763 --> 00:42:27,243 It's not scary because I'm in here, huh? 513 00:42:28,123 --> 00:42:30,083 If I was out there, it'd be different. 514 00:42:35,443 --> 00:42:40,283 [introspective music playing softly]