54

At 9:30 a.m. on Monday, July 2, Mace James received an e-mail from the Georgia Supreme Court with the opinion in Antoine’s case attached. Mace said a quick prayer and clicked his mouse with a sweaty hand.

The court had denied his petition and reaffirmed the August 7 execution date. And they had some harsh language for Mace as well.

Defense counsel has a duty to zealously represent his client. But that duty has bounds. In this case, counsel transgressed those bounds and came dangerously close to committing fraud on the Court. While the Court understands that defense counsel was driven by the perceived exigencies of the circumstances, his role as an officer of the Court prohibits the type of trickery and violence he apparently used to obtain the affidavit of Mr. Cooper. His actions reflect poorly on the legal profession and show a lack of judgment that is troubling to this Court.

Mace felt his emotions collide as he read the opinion. Frustration because the justices did not appreciate the truth of what had happened. Embarrassment at the stinging criticism. Helplessness because he was representing an innocent man on death row and everything he tried seemed to make matters worse. But mostly he just felt drained. He had spent years butting his head against one brick wall after another. And now he only had a few weeks left.

Mace got in his car and drove to Jackson to personally deliver the news to his client. By the time he got there and picked up the telephone, staring at Antoine Marshall on the other side of the glass, he had become despondent.

“The Georgia Supreme Court denied our petition,” Mace said. He slid a printout of the opinion through the slot under the glass. Antoine picked it up without speaking and turned sideways in his seat so he could hold it at arm’s length. “I left my reading glasses in the cell,” he said.

Mace watched Antoine squint as he read the opinion slowly, grunting and shaking his head while he turned the pages. He read for an agonizingly long time, slowly devouring every word. Mace could see the hope leave Antoine’s face, replaced by a grim certainty that his years on this earth were now numbered at thirty-six.

When he finished the opinion, Antoine placed it on the shelf in front of him and turned back to Mace. There were tears welling in his eyes.

“I’m sorry,” Mace said.

“These other dudes on death row—their lawyers don’t care,” Antoine said. His voice was raspy and close to breaking. “But me, my lawyer drives all the way down from Atlanta just to look me in the eye and tell me he’s sorry. My lawyer beats up some dude in a bar and risks his law license just to give me a chance. You ain’t got nothing to be sorry for, Mr. James.”

Antoine sat up straighter in his chair and looked directly at Mace. Mace had come to console his client, but it was working the other way around.

“I’m proud that I’ve got the best lawyer of anybody here on death row.”

“I appreciate that,” Mace said. And he did. More than Antoine would ever know. “But maybe I’m not so hot if I can’t get you out of here.”

Antoine shook his head. “Some things were meant to be. You did everything you could. Don’t blame yourself.”

Antoine passed the opinion back under the glass, and Mace put it in his briefcase. He had actually intended it to be Antoine’s copy, but it was clear his client didn’t want it hanging around his cell.

“After I pass, I want you to make me a promise,” Antoine said.

Mace looked him in the eye. Despite the redness and tears, Antoine seemed determined.

“Don’t just put my file in a cabinet and move on to the next case. I know I got no family who care about this, but I need to have my name cleared. It’s the only way to make sure that this doesn’t happen to the next dude. Maybe that’s why God’s got me here in the first place.”

“I hear you, Antoine,” Mace said. They had been through this before. “But now you listen to me. Because I’m not done fighting to keep you alive.”

Antoine gave Mace a sarcastic chuckle. “August 7 is coming, Mr. James. Whether you’re ready for it or not. I just want to make sure that after it comes and goes and I’m no longer here, you’re going to keep working to clear my name.”

“You have my word on that,” Mace said.

Antoine nodded, and Mace noticed a slight twitch. The pressure was taking its toll.

“I’ve got one last strategy, but it’s a long shot,” Mace warned. “I’ll need the court’s permission to even give it a try.”

Antoine shrugged. “Right now, a long shot sounds pretty good.”