A closer look at the death penalty in The Penalty, a documentary

10/25/17 The Penalty, 2017

In full disclosure I have to say that I have a connection, however tenuous, to the new film, The Penalty. Even though I was not there at the time, the law firm where I work represented Damon Thibodeaux, one of the three people featured in the movie; I also attended the North American premier with attorneys and staff from the firm. All of that being said, I don't think it affected my opinion of this powerful film. The Penalty, co-directed by Will Francome and Mark Pizzey, looks at the death penalty from the perspectives of three different people: Darlene Farah, whose daughter, Shelby, was murdered in 2013 while at work; Allen Bohnert, Assistant Federal Public Defender of the Southern District of Ohio focusing on death penalty cases; Damon Thibodeaux, who spent fifteen years on death row in Angola Prison before being exonerated in 2012. The directors let the individuals speak for themselves, through interviews with them and family members as well as news footage. I think all three stories could stand up as separate films, but it's the juxtaposition of them that increases the impact. Darlene Farah is adamant that her daughter's killer receive the death penalty, until the years of court appearances and reliving Shelby's murder in court and with her other children threaten to fracture the family. Darlene acknowledges that the execution of Shelby's murderer will not bring Shelby back, she may not ever get the satisfaction of the final sentence, and her living children, Caleb and Nycole, might never get to move forward. Darlene is outspoken when it comes to facing off with the State Attorney and trying to get them to accept a plea deal from the killer: a plea of guilty and life without parole. Darlene and her family form an unlikely partnership and friendship with the defendant's public defender. It's really hard to watch Caleb and Nycole go through the murder of their sister, as their relationship with each other and their mother has changed; you can see the pain on both of their faces, especially as Caleb doesn't even want to talk about it anymore, and as Nycole blames herself for a fight with Shelby.

Allen Bohnert's fight for his clients is just as passionate as Darlene's fight for Shelby. Bohnert's fight is on two fronts: preventing his clients from being executed, but failing that, ensuring that their deaths do not become a torturous experiment by the state. Because suppliers have stopped selling the drugs used for execution, Ohio used an untested drug cocktail that Bohnert and others claimed would result in the prisoner, Dennis McGuire, feeling like he was being suffocated and experiencing pain, which the correct drug combination would prevent. Bohnert gets threatening and harassing phone calls and emails from members of the public indignant at his advocacy. The filmmakers also interview his wife as she says, quite honestly, and in front of Allen, that she wished he would do something else because of the toll it takes on him and his family, including two young boys. After the state of Ohio issues a moratorium on executions because of the inefficacy of the drugs, Bohnert gets to spend quality time with his family and welcome a new addition to the family. Sadly, the reprieve does not last long, and he posts a new list of scheduled executions in his office, through 2020.

In 2012, Damon Thibodeaux was released from Louisiana's death row after his appeal team produced exculpating evidence. The film focuses on Damon's life after prison, although that is never far from his mind or his daily life. Damon is shown establishing his new life in Minneapolis, close to his attorneys and support system, even working in the mailroom at Fredrikson & Byron. You would think he would have more bitterness after being wrongly incarcerated for 15 years, and while there is an edge in voice sometimes, there is also hope for his future with his girlfriend and new job, and a desire to educate the public on false confessions and some of the flaws of the justice system. Even though Damon was released because he did not commit the crime, he has not had any luck in obtaining remuneration from Louisiana for the time he incorrectly served, nothing for being locked up in a tiny cell, staring at death until his release. As he points out, there's nothing in Social Security for him, since his work life started so late. He testified in front of a Senate Committee and received praise from Senator Ted Cruz (of all people) for telling his story. Damon moved to California where he drives a truck and lives with is girlfriend.

I've broken the three storylines out, but the movie weaves them together very cohesively. The movie was about 90 minutes, and even though I don't like unnecessarily long films, I would not have been upset if it was 30 minutes longer.

The Penalty was shown as part of the Twin Cities Film Fest, and director, Will Francome was in attendance and joined Kevin Riach and Steve Kaplan of Fredrikson & Byron in a brief Q&A session after the film. Kevin is currently working on Darrell Robinson's death penalty case in Louisiana where they have found DNA evidence that was overlooked or ignored by the police. Steve was the lead attorney on Damon's case. There is the belief that the death penalty satisfies our need for an eye for an eye, but when you see what effect that had on the Shelby family (and other families who have had similar experiences), can you honestly say that to be true? And what if that blood lust takes the life of an innocent person, as almost happened with Damon and almost 150 other people who were found innocent of the crime that sent them to death row? And to Allen Bohnert's point, even if you believe in the death penalty, do you believe, really believe, that it's okay for it to take 20 minutes for someone to die? The Eighth Amendment prohibits cruel and unusual punishment, which that surely must be. The Penalty is making the rounds, so check out your local film festivals or contact the filmmakers if you'd like to find out how to have a screening.

Q&A with Director Will Francome, attorneys Kevin Riach and Steve Kaplan

(a special thanks to Fredrikson & Byron's Pro Bono Committee for their support of the film; the firm for their support of Pro Bono work; my co-worker Natasha for finding Allen's correct name and title, otherwise he would have been 'that guy' or 'Brian' which is the name I remembered)

An Outdated Musical, an Animation Classic and a Precursor to Indiana Jones

9/16/17 A Funny Thing Happened on the Way to the Forum, Best Music, Scoring of Music, Adaptation or Treatment, 1965

Meh. That's really all I can come up with over a month after watching A Funny Thing Happened on the Way to the Forum which was directed by Richard Lester (of The Beatles' movies) and starred Zero Mostel, Jack Gilford, Michael Crawford (later of Phantom of the Opera fame) and Phil Silvers. I don't think it translates very well over fifty years later, not that it was a huge hit in 1965. The bawdy humor seems juvenile and looking for cheap laughs. It's almost like a bad sketch comedy from the late 1960s; there are a lot of incongruities (the whole Buster Keaton story line made no sense, although it was bittersweet to see Keaton in his last role shortly before he died). 

9/16/17 The Snake Pit, 1948, Best Sound Recording

Olivia de Havilland was nominated as Best Actress for her portrayal of a woman suffering from a debilitating mental illness in The Snake Pit. I found de Havilland compelling as Virginia Cunningham, a young woman struggling to understand why she is in a mental institution. We learn a little more about Virginia through flashbacks as her psychiatrist digs into her past to see what triggers her episodes; her husband tries to understand her erratic behavior. Juniper Hill is a place that I hope is in the rearview mirror as far as mental/psychiatric hospitals are concerned: the care was often barbaric, occasionally nurturing and healing, but it's not where you would want to see a loved one. Virginia does seem to get better, although if there was an official diagnosis and treatment plan, I may have missed it. The movie was based on the semi-autobiographical novel by Mary Jane Ward, and the good news is that the film prompted several hospitals to change their policies and procedures. de Havilland was nominated as Best Actress in a Leading Role three times between 1946 and 1949, winning twice. 

9/16/17 Shrek, Best Animated Feature, 2001

Sixteen years later, I still laughed. Fractured Fairy Tales meets the American Top Forty. Shrek (Mike Meyers sounding a lot like Jim Taggart) is an ogre who, like Greta Garbo, wants to be alone, but he is either being harassed by frightened villagers or invaded by displaced nursery rhyme characters. His particular bête noir is Donkey (hilariously voiced by Eddie Murphy), who is very social and very chatty. The remedy to the home invasion is to go to Lord Farquaad (John Lithgow) and get him to give Shrek his forest and privacy back. It doesn't go exactly as planned as Shrek becomes Farquaad's champion and agrees to rescue Princess Fiona (Cameron Diaz) who has been locked away in a castle. Shrek fairly easily rescues Fiona, with a little help from Donkey. The three head back towards Duloc, but Fiona is anxious to stop and rest before the sun goes down. It turns out that Fiona, a stereotypically beautiful princess by day, is an ogre by night, and she doesn't want Shrek to know since they were having such a good time together. The wedding to Farquaad doesn't go exactly as planned, which turns out to be a really good thing. All of this might make a good movie, but that would be too predictable. What makes Shrek so fun is it brings all of the fairy tales and nursery rhymes from our childhood to life, in a very twisted way: the Gingerbread Man is interrogated by Lord Farquaad and is tortured by dipping him in milk, causing him to go soft and lose a limb; Pinocchio is turned in for bounty money by Geppetto; the Three Little Pigs have German accents; and so it goes. This is an ideal film that adults can happily watch with their kids; it's funny, but not childish (silly, yes, with some gross humor that kids laugh at, and grown ups want to laugh at). The soundtrack includes songs by Neil Diamond to the Proclaimers to Leonard Cohen; a great way to introduce kids to music that their parents might like, but making it 'cool'. I really needed this movie after this last batch of movies that have been a little challenging to watch and review.

10/1/17 Gunga Din, National Film Registry, 1939

Gunga Din is a mix of comedy, drama and action, featuring two of the biggest stars in Hollywood, Douglas Fairbanks, Jr. and Cary Grant as two soldiers stationed in 1880s India, then under British rule. Grant is Sgt. Archibald Cutter who has obtained a treasure map that he is eager to check out with his pals, Sgt. MacChesney (Victor McLagen) and Sgt. Tommy Ballantine (Fairbanks), but Tommy has plans to leave the military and marry Emmy Stebbins (Joan Fontaine, whose sister was Olivia de Havilland). They are joined by Gunga Din (Sam Jaffe), their water bearer who longs to be a part of the army in larger capacity. Din joins Cutter on his search for the treasure in a golden temple. Unfortunately, the temple belongs to the Thugee, an indigenous group living in that area, one that is not well disposed towards the British. Cutter is captured and Din goes back to the base to get help from MacChesney and Ballantine, which does not go according to plan. Din does get his chance to show his mettle and prove his loyalty to the British Army and his friends. The movie is based on the poem by Rudyard Kipling, and Kipling (Reginald Sheffield) makes an appearance at the end of the film. I was reminded of the Indiana Jones franchise, without the great special effects. Grant reminded me a little of Harrison Ford. I enjoyed the movie, and it may seem strange, but it doesn't seem to as 'dated' as Something Happened on the Way to the Forum, and I don't know how to explain that. I am not what qualified it for the National Film Registry.