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.
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.
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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)
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