The lab was able to extract DNA samples from all three pieces of evidence, and none of them matched Gant. Armed with this new evidence, his appellate attorneys were able to get a hearing in front of a judge, who summarily denied their request for a new trial. The Tennessee Court of Appeals upheld the judge’s ruling, and Gant remains here in this terrible place. I’m convinced he’s innocent, but once a jury finds a man guilty in a death penalty case, the odds against overturning the verdict are overwhelming.

“What are you doing down here?” Gant asks pleasantly. He’s put on some weight since I last saw him, and the hair at his temples has turned gray, but he seems in good spirits.

“I’m here to witness an execution, believe it or not.”

“Johnson?”

“Right. The murder he was convicted of happened in our district. My boss dumped this on me at the last minute. How’s your appeal going?”

“It isn’t. Unless Donna can somehow hand them the guy who did it on a silver platter, I’m the next one on the gurney.”

Donna is Gant’s wife. I see her at the grocery store once or twice a month, but I avoid talking to her whenever possible. Despite the fact that her mother was murdered, Donna has steadfastly maintained her husband’s innocence and has become obsessed with getting him exonerated. Back when I was representing Brian, she swore to me that Brian was at home in bed with her the night the crime took place, and she testified to that at trial, but the prosecutor successfully argued to the jury that she was just protecting her husband.

“When are you scheduled?” I ask.

“Three weeks from today.”

“Jesus, Brian, I had no idea. Have you run the DNA profile Donna got from the lab through the Department of Correction database? They might get a hit.”



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