On Fire from the Inside - Lethal Injection Up Close with Malcolm Gladwell
Last week, Cautionary Tales told the tragic story of Derek Bentley, exploring Britain's troubled relationship with capital punishment. Across the Atlantic, Revisionist History has also been scrutinizing what it means for a state to try to execute a person. For this bonus episode, Malcolm Gladwell joins Tim Harford to discuss his new series The Alabama Murders, and to confront the disturbing truth behind the death penalty in America today.
Hear Revisionist History: The Alabama Murders wherever you get podcasts.
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Speaker 13 Pushkin.
Speaker 14 Florence, Alabama.
Speaker 8 1988.
Speaker 8 A Preacher Has an Affair. A Woman is Murdered.
Speaker 8 It sounds like the beginning of one of the many true crime series that saturate the podcast world, but when I tell you that I'm teeing up the latest series of revisionist history, you know it's going to be different.
Speaker 8 Malcolm Gladwell doesn't do podcast by numbers. Instead, he's taking this terrible crime as a jumping off point to explore the death penalty in the US.
Speaker 8 35 years.
Speaker 15 That's how long Elizabeth Smith's family waited for justice to occur.
Speaker 16 It's still damaging all of us. It still hurts us to think about it.
Speaker 17 There was this joke that said that it was easier to get forgiveness in the Church of Christ for murdering somebody than it was to be divorced.
Speaker 12 I don't know which one of them killed her. I really don't.
Speaker 19 But I think both of them got what they probably deserved.
Speaker 20 He would say to himself, turn to the right, to the victim's family and apologize, turn to the left, tell my family I love him.
Speaker 15 He was taken out of his cell thinking that his execution was imminent because a cold-blooded convicted killer complains about the prodding and poking of a small Abbey line.
Speaker 15 Really?
Speaker 8 We recently explored capital punishment in the UK with our episode of Cautionary Tales, Derek Bentley Must Die.
Speaker 8
So I was keen to find out more about revisionist history, the Alabama murders. And I am delighted to say that Malcolm Gladwell joins me now.
Malcolm, welcome back to Cautionary Tales.
Speaker 22 Thank you, Tim.
Speaker 23 Delighted to be here.
Speaker 8 So what drew you to this story, Malcolm?
Speaker 26 I met a woman, a friend of a friend, who was a trauma specialist, and I thought she was really interesting.
Speaker 5 and so I just started meeting with her once a month or so for two and a half hours and she just told me about her life and her work and she treats torture victims and
Speaker 32 then she started doing people with suffering from PTSD and she spent time at Guantanamo Bay and then she started working with people on death row because they were often people who had been greatly traumatized as children.
Speaker 33 She'd done something like 35 death row cases over the course of her career, but this was the one that stayed with her.
Speaker 9 And immediately when she started to talk about this case, I realized, oh,
Speaker 19 that's why we're doing this.
Speaker 6 I always like discovering the purpose for an interview in the interview as opposed to before.
Speaker 27 And this was a perfect example of that. When she started to talk about it, what she was saying was so powerful and emotional that I realized that's the story I wanted to tell.
Speaker 8 Jarlin, your conversation with her really, really stayed with me as well as a listener. There's a real sense of place
Speaker 8 in the season. You take us right into the heart of the Bible Belt and this very devout area.
Speaker 8 But the Church of Christ features very heavily at the beginning of this story. And even by Bible Belt standards, the Church of Christ has these very strict rules.
Speaker 8 And you start by introducing us to a minister of the church. So tell me about Charles Sennett.
Speaker 32 Charles Sennet is a Church of Christ minister.
Speaker 9 You know, there are many flavors of American fundamentalist religiosity.
Speaker 5 This is the kind of ascetic, intellectual, unflinching version.
Speaker 38 They don't believe in any kind of instrumentation.
Speaker 25 They are people of the book.
Speaker 19 They take the everyone in that world takes the Bible literally, but these guys take it super literally.
Speaker 34 And they have a belief that they are the true Christian church and that everyone else is either soft or a backslider or is misinterpreting the text.
Speaker 9 There's also no church structure whatsoever, no hierarchy.
Speaker 30 The preacher is in complete control of his church.
Speaker 38 And I say his because there are no women in positions of authority in the Church of Christ.
Speaker 29 My best friend, his father, was a Church of Christ minister.
Speaker 3 So I knew all about this denomination quite well.
Speaker 39 It's centered in Texas and Alabama and Oklahoma.
Speaker 23 So very southern.
Speaker 25 So our lead character is a Church of Christ minister who is doing something something that in their world is absolutely unforgivable, which is he's having an affair.
Speaker 14 You know,
Speaker 25 if you get a divorce, you have to leave the church.
Speaker 39 Like, this is, these guys are serious.
Speaker 41 They have a kind of grim,
Speaker 41 grim is too strong a word, but an incredibly strict moral code.
Speaker 39 So like, this is the world in small town, Alabama.
Speaker 28 We have a preacher who has done the unthinkable.
Speaker 9 He has had an affair with a congregant.
Speaker 23 And that's where we begin.
Speaker 8 Yeah. And
Speaker 8 you introduce us quite early on to the idea of a failure cascade.
Speaker 8 One thing leading to another and another.
Speaker 8 And we're not going to discuss the entire cascade in this conversation,
Speaker 8 but the failure cascade begins with the affair
Speaker 8 and then it quickly escalates to a murder. Tell us about the murder and how that came about.
Speaker 9 Well, first of all, let me say that there is no concept in this entire series more Tim Harford Harford-friendly than the Failure Cascade.
Speaker 41 Yeah.
Speaker 8 I felt seen when I heard you describe it.
Speaker 35 It is straight out of your own playbook.
Speaker 18 But it's this fascinating concept, an engineering thing, to describe how an initial very small mistake or misstep or malfunction can balloon into something bigger.
Speaker 6 This whole series is about a failure cascade, but begins with this affair that Charles Sennett is having with one of his congregants.
Speaker 9 And then the next stage is that Charles Sennett's wife is murdered.
Speaker 3 Her home is, she's alone at home, and someone breaks in and
Speaker 3 robs the house and stabs her to death.
Speaker 39 That happens in the spring of 1988, and it is the first serious step in the cascade.
Speaker 8 And who do the police initially suspect?
Speaker 39 Well, they find, they get a tip
Speaker 3 that two kind of wayward kids, John Parker and Kenny Smith from this town of Florence in northwestern Alabama, the VCR stolen from the house turns up in one of the kids' homes.
Speaker 26 Someone turns them in.
Speaker 45 But then suspicion very quickly falls on Charles Sennett himself because there's too many inconsistencies in his story.
Speaker 3 My colleague Ben and I spent an evening talking to a former law enforcement person who had been investigating the case back in 1988 named Ricky Miller.
Speaker 33 And he very memorably told us about how quickly law enforcement developed suspicions about Charles Sennett.
Speaker 12 The first thing that caught our attention, the best I can remember, was he made too many alibis.
Speaker 19 It was overkill.
Speaker 12 You know, he stopped to see people that had never seen.
Speaker 12 And that just threw up a red flag to us. Why is he seeing all these people for the first time? It happened to be at the time his wife's being murdered.
Speaker 8 You know?
Speaker 12
He could tell you every time, everything, every day. Well, had my wife just been murdered in my home? I couldn't tell you nothing.
My mind's gone.
Speaker 12 But he knew everything in detail.
Speaker 13 That's a red flag.
Speaker 3 He started talking about how she'd been attacked by two men when
Speaker 38 he would have no reason to know that it was more than one person.
Speaker 19 I mean, it's it was kind of like he's not a high percentile criminal.
Speaker 10 He just hadn't thought through anything or didn't figure out how to tell his story properly.
Speaker 3 They quickly established that the two men they had been told were involved in this crime had a connection, a previous connection to Charles Sennett.
Speaker 44 And there's a moment when the police officer says to him, do you know?
Speaker 3 and mentions the name of one of this guy, Kenny Smith, and he turns bright red.
Speaker 8 And it turns out that he...
Speaker 8 He in the end hired these kids.
Speaker 7 Yeah.
Speaker 3 He is the one who approached these two kids and gave them a couple thousand dollars and told them to deal with his wife, which they do in a kind of spectacularly inept way.
Speaker 43 What's interesting about the case is there's a version of this case that it ends with the apprehension of Charles Sennett and of these two kids, and that's it.
Speaker 18 People go to jail and we walk away.
Speaker 27 But that's not what happens.
Speaker 38 It just keeps going and going and going.
Speaker 19 And ultimately, you know,
Speaker 27 the last and most sort of grotesque act in this case does not take place until last year.
Speaker 33 So some
Speaker 18 35 years after the murder.
Speaker 19 Thing goes on f we're talking about something that goes on forever.
Speaker 8 We've recently heard about the case of Derek Bentley on Cautionary Tales. One of the men in in the frame for Elizabeth Sennett's murder reminded me of Derek Bentley.
Speaker 8
He was on the scene when a police constable, Sidney Miles, was killed. He didn't pull the trigger.
It seems unlikely he intended any harm. Derek had learning difficulties.
Speaker 8 He was very easily led. And I think there's a hint of that with John Parker.
Speaker 14 Yeah, I mean,
Speaker 35 I would say it more broadly.
Speaker 28 Any systematic discussion of people who are involved in murders like this, there's always some history of trauma.
Speaker 44 I mean, that's who commit murders, both John Parker and Kenny Smith, the two people who were ultimately convicted of this crime.
Speaker 25 They both come from the most, the bleakest childhoods.
Speaker 28 Parker had suffered a serious concussion as a toddler, had major learning disabilities, was using drugs since he was in his late adolescence.
Speaker 34 These are not healthy, well-adjusted, advantaged people.
Speaker 30 These are people struggling with a... whole series of deficits.
Speaker 9 And that is the rule as opposed to the exception when it comes to homicide, that we're dealing with people who are not whole in the way they see and deal with the world.
Speaker 8 So eventually these two young men, John Parker and Kenny Smith, are tried for murder. So what happens when their case reaches court?
Speaker 7 In the cascade that we're describing in this story, where there's one misstep after another.
Speaker 25 This is one of the crucial stages in the cascade, that at the crucial moment where the criminal justice system is supposed to deliver justice, it fails.
Speaker 3 And it's really, really unclear whether John Parker and Kenny Smith, the two men convicted in this case, actually murdered Elizabeth Sennett.
Speaker 38 In both cases, the jury overwhelmingly says, we don't have enough certainty here to recommend the death penalty.
Speaker 29 And in both cases, the judge sets in and says, I don't care.
Speaker 33 These guys should be executed for their crimes.
Speaker 8 So I was curious about the motivation of the judge because in the case of Derek Bentley, the judge in that case was notorious. He was nicknamed the tiger, Judge Goddard.
Speaker 8 And it seems pretty clear that he took a perverse pleasure in handing out the death sentence. What was going on in the Alabama cases? Were the judges enjoying the idea of dishing out life and death?
Speaker 19 In the state of Alabama, they have partisan elections for judges.
Speaker 33 So a judge essentially is a political figure in the same way that a congressperson is or a state senator.
Speaker 29 If you're in a conservative district running for office on the Republican ticket,
Speaker 3 you're powerfully motivated to be seen as tough on crime as you possibly can be.
Speaker 26 And there's no surer way to say that you are unflinching in your opposition to crime in the state of Alabama than to say the jury's wrong.
Speaker 33 We've got to crack down on this murderer.
Speaker 8 Aaron Powell, that opens up this whole question as to if you as a state wish to kill somebody as a punishment, how are you going to do it? And this is where the
Speaker 8
details that you were exploring, I think, astonished me. I just assumed, well, I guess you're going to kill someone, you're going to kill someone.
How hard can it be? Not so easy, it turns out.
Speaker 13 Well, first of all, it's hard to kill people, period.
Speaker 8 But then if you have to do so in a way that sort of meets a certain humane standard then it your job gets even tougher then you have to do it if you have to do it without the assistance of medical personnel because of course no doctor is going to help you kill someone right no real doctor that's the difficult bit right i mean you said it's hard to kill someone it's probably not physically probably isn't that hard to kill somebody but it's this bizarre almost grotesque constraint where you say well you know you've got to kill them but you've got to do it the right way and then that raises the question of, well, what is the right way?
Speaker 8 What is the way that is not cruel and unusual? What is the appropriate way in which the state can kill somebody? And yeah, as you say, there's no doctors. They've sworn the Hippocratic Oath.
Speaker 14 They can't do it.
Speaker 38 It's useful to remember that the guillotine is invented as a humane alternative to previous methods of capital punishment.
Speaker 43 The point of the guillotine is like, oh, finally, we can kill someone cleanly and without undue suffering, you know, in a way that's consistent with our beliefs about civil society.
Speaker 36 Like the struggle to come up with a good way for the state to kill someone has been going on for hundreds of years.
Speaker 8 I'm not a historian of the death penalty, but I feel that hanging was also regarded as relatively clean. And then the electric chair, presumably,
Speaker 8 that was a kind of a modern technological method. They didn't introduce the electric chair because they thought it would hurt more.
Speaker 8 That was not the aim. It may have been what happened, but it wasn't the goal.
Speaker 14 Yeah.
Speaker 44 When I was doing this,
Speaker 11 my reporting, I had a conversation with a death penalty expert who is personally opposed to the death penalty, but she was making the argument that it was time to bring back the firing squad.
Speaker 38 Her point was in this kind of ongoing search for the most humane method, we should have stopped with the firing squad.
Speaker 29 It's the best.
Speaker 14 Yeah.
Speaker 3 Because you really do die pretty quickly and consistently under the firing squad.
Speaker 8 Where did the idea of lethal injection itself come from?
Speaker 34 One of the earliest proponents was Ronald Reagan when he was governor of California.
Speaker 41 And he made the observation at a time when people were increasingly aware that or concerned that the electric chair was a kind of grisly and inappropriate way to execute someone.
Speaker 37 Reagan famously says, why don't we just put...
Speaker 44 murderers down the same way we put down horses.
Speaker 33 That insight, such as it was, catalyzes all kinds of people to look for ways of killing people through injecting them with lethal drugs.
Speaker 8 Aaron Powell, which I think sounds intuitive, but
Speaker 8 you describe it's not quite as painless as you might think.
Speaker 6 Aaron Powell, no, I talked at length to this really extraordinary man named Joel Zivitt, who's a Canadian intensive care specialist.
Speaker 29 who has developed a kind of sub-specialty in the death penalty.
Speaker 23 And
Speaker 27 he was the first person ever to ask the question, when you try and execute someone through lethal injection, what exactly happens to the person being executed?
Speaker 35 That is to say, how do they die? You're giving them a cocktail of lethal drugs.
Speaker 23 And we had a kind of assumption about what drug did what, and at what point in this protocol, these three drugs you're being injected with, what point do you die?
Speaker 6 And he pointed out that our prevailing assumption about it was entirely wrong.
Speaker 38 And what's interesting about his discovery, apart from how kind of grotesque it is, was that we'd been using the lethal injection in the United States as a method of killing people for whatever, 30, 40 years.
Speaker 40 No one had ever bothered to ask the question how it worked.
Speaker 27 So there's a level of kind of indifference and callousness and you think it's some kind of scientific thought-out process, and it's not.
Speaker 10 It's a bunch of random people who come up with something on the back of an envelope and use it to execute people.
Speaker 22 This is Zivet describing what he found out about what really happens when you try and kill someone through lethal injection.
Speaker 47 It travels rapidly to the heart, where the heart pumps it immediately into the lungs, and it tears the lungs apart, basically.
Speaker 47 They get burned from the inside, and then the separation of air and blood, there's a very fine layer of tissue there that gets destroyed and the blood just pours into the lungs.
Speaker 47 And I'm sorry as I'm saying this.
Speaker 43 It's awful.
Speaker 25 And
Speaker 47
this is how lethal injection actually kills you. It kills you by burning your lungs up.
And you're also paralyzed, so you can't complain that this is happening.
Speaker 47 And then to finish you off, of course, you know, you're probably begging for the potassium at that point because that finally stops your heart and stops this process.
Speaker 47 But in the meantime, you know, this has been gone on for a few minutes.
Speaker 47 So the last thing that, you know, you may know is that you're on fire from the inside and the blood is filling up your lungs as you die.
Speaker 28 I mean, Zivit's, one of Zivit's points is that because you're restrained and you've been given a paralytic, you are in agony as you are dying of lethal injection, but you can't, no one's aware of it.
Speaker 23 You look calm and you can't move and you can't speak.
Speaker 33 You've been given this very powerful drug that renders you mute.
Speaker 38 It's the worst, it's just sort of an unimaginable kind of horror story.
Speaker 8 And to loop back to what originally drew you into this story, you were talking to Kate Porterfield, and she works with people who have been tortured. And the discovery, the realization really,
Speaker 8 that to be on death row
Speaker 8 facing execution is a kind of torture and at least some of these methods of execution are themselves a form of torture, but we've just not really thought about it that way.
Speaker 12 Yeah.
Speaker 5 The only way that the death penalty I think can sustain itself in the modern world is through an act of kind of willful indifference.
Speaker 3 on the part of a society.
Speaker 26 You just have to kind of close off any kind of empathy or moral awareness of what you're doing.
Speaker 37 We see that all over the place.
Speaker 33 But I think this is something Americans have proven to be very good at when it comes to the use of the death penalty.
Speaker 13 Yeah, I wanted to ask about that.
Speaker 8 Now here in the UK we haven't had the death penalty for 60 years and in fact it was the case of Derek Bentley
Speaker 8 that I think was an important turning point in the campaign to abolish the death penalty. And in fact Derek was posthumously pardoned in 1988.
Speaker 8 So that's the UK story, but do you think we're ever going to see an end to the death penalty in the US or anytime soon?
Speaker 22 Well, you know, it's very hard to be optimistic about moral progress in the United States right now.
Speaker 14 But
Speaker 11 the death penalty is slowly going away.
Speaker 41 But there's two things that are hindering it.
Speaker 5 One is the unresolved conflict between the two arguments that are used against the death penalty.
Speaker 28 One is that we execute people who don't deserve to die, who are either innocent or
Speaker 37 moderately guilty, as you describe Derek Bentley, or who are impaired in some way and not fully responsible for their actions.
Speaker 8 Yeah, there was the sense with Bentley that he had done something wrong, but he didn't deserve death.
Speaker 8 He hadn't committed this grotesque crime of murdering a police officer.
Speaker 7 Yeah, that's argument one.
Speaker 5 And that's the easier one.
Speaker 28 The harder one is, should you execute people who,
Speaker 39 in a kind of colloquial sense, deserve to die?
Speaker 14 Right?
Speaker 25 The cold-blooded, vicious murderer. And what happens if all you make is argument one,
Speaker 6 then you leave the proponent of the death penalty with the opening to say, well, let's just do a better job of implementing it.
Speaker 43 And you're not confronting the fact that ultimately you have to say that
Speaker 34 there are people who are evil and in every conceivable sense and unmistakably guilty and who have violated every social compact.
Speaker 29 But we have to affirmatively decide as a society whether we want to stoop to their level or not.
Speaker 25 And that is that second part that America struggles with,
Speaker 14 right? Yeah.
Speaker 44 Argument one is not sufficient to end the death penalty in the United States.
Speaker 8 Is that why you called the series the Alabama murders?
Speaker 14 Because
Speaker 8 legally speaking, there was only one murder, Elizabeth Sennett.
Speaker 14 Yeah.
Speaker 26 We felt that the subsequent executions of the two men found guilty in Elizabeth Senna's murder qualify as murders.
Speaker 33 They're state murders, but they're murders.
Speaker 8 And though the state should not be lowering itself to the level of the common murderer. We should be better than that.
Speaker 36 Yeah.
Speaker 36 Yeah.
Speaker 33 But like I say, it's hard to make arguments about what we're better than
Speaker 23 at right now in the United States.
Speaker 8 We ended our episode, Derek Bentley Must Die, with a quote from England's chief hangman, Pierpoint.
Speaker 35 I have his book.
Speaker 8 Yeah, interesting fellow.
Speaker 8 What he said was, I do not now believe that any one of the hundreds of executions I carried out has in any way acted as a deterrent against future murder.
Speaker 8 Capital punishment, in my view, achieved nothing except revenge.
Speaker 8 Do you agree?
Speaker 6 I do agree. It's funny.
Speaker 3 He's such a compromised authority on the subject of the death penalty.
Speaker 14 Yeah.
Speaker 9 And I'm still hung up on how that's the lesson he chose to draw from his lifetime of work of executing people
Speaker 5 to wonder about his deterrent effect, as opposed to reflect on what it's said about his society, about what it felt like to be responsible for so many deaths.
Speaker 8 Has making the series made you think differently about the death penalty, Malcolm?
Speaker 6 Well, I was never a fan.
Speaker 34 It has lowered my
Speaker 3 estimation of state authority.
Speaker 26 We keep in revisions history returning to Alabama because it's just such a bizarre place.
Speaker 3 It is the place where sort of every contradiction of American history and society is concentrated.
Speaker 41 And it's amateur hour.
Speaker 6 At one turn after another, as we tell the story, you're just just struck by the fact that they don't know what they're doing and they don't care.
Speaker 14 Yeah.
Speaker 24 Not even trying to keep up appearances.
Speaker 38 You know, to be a Canadian is to believe that government is at least moderately competent and well-meaning.
Speaker 9 That most high-minded and brightest of the people I went to college with went into government.
Speaker 3 And like you look at Alabama, you're like, mm, the most high-minded and competent people did not go into government.
Speaker 8 One thing that really struck me listening to a statement by one of the officials after a particularly controversial episode in Alabama's history of capital punishment and the point he made was oh there are people out there who are trying to prevent us doing these executions and they sympathize with the criminals but some of them are international and I just thought oh wow it's an unusually clear example of using some kind of tribalism as an alternative to thinking through the issues rather than justifying what we've done or possibly acknowledging that something has gone wrong.
Speaker 8 Instead, there are people out there, many of them abroad,
Speaker 8 who love criminals and they're trying to take away your death penalty.
Speaker 8 I thought, gosh, that's a really striking stance for him to take.
Speaker 33 Their willingness to jump to that kind of language and attitude is breathtaking, yeah, as opposed to examining
Speaker 26 what they're doing.
Speaker 22 Alabama's a a weird place.
Speaker 35 I will say I love the state.
Speaker 8 I love going there. No, you made that quite clear, actually.
Speaker 8 You thought it was strange and you thought that the government was behaving in a shameful way, but there was a real affection for the place and the people.
Speaker 14 Yeah.
Speaker 8
I loved listening to the whole season of the Alabama murders, Malcolm. When I started listening, I was thinking, oh, this is really cool.
They've done a really good job. I love the music.
Speaker 8
I love the way they've done this. And by the end, I wasn't thinking at all about the way anybody had done anything.
I was completely in the moment. It really changed the way
Speaker 8 I saw the death penalty. And I think
Speaker 8 it's an amazing piece of journalism. So just tell people where can they find it.
Speaker 13 It's in the revisionist history feed.
Speaker 3 It's out now, wherever you get your podcasts.
Speaker 19 It's called the Alabama Murders Seven-Part Series.
Speaker 45 You can subscribe to Pushkin Plus and binge it all at once, or you can listen to it piecemeal over the course of the next two weeks.
Speaker 8 I have been talking to Malcolm Gladwell. Malcolm, thank you very much.
Speaker 3 Thank you Tim
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