'I understand.'
'Then again, even if he could donate his heart, chances are it would be too large for a child's body. Has anyone addressed that yet?'
I shook my head, feeling even worse about Shay's odds.
The doctor glanced up. 'The bad news, I'm afraid, is that your client is out of luck.'
'Is there any good news?'
'Of course.' Dr. Gallagher grinned. 'You don't have appendicitis, Ms.
Bloom.'
'Here's the thing,' I said to Oliver when I had gotten us enough Chinese takeout to feed a family of four (you could keep the leftovers, and Oliver really did like vegetable moo shu, even if my mother said that rabbits didn't eat real food). 'It's been sixty-nine years since anyone's been executed in the state of New Hampshire. We're assuming that lethal injection is the only method, but that doesn't mean we're right.'
I picked up the carton of lo mein and spooled the noodles into my mouth. 'I know it's here somewhere,' I muttered as the rabbit hopped across another stack of legal texts scattered on the floor of the living room. I was not in the habit of reading the New Hampshire Criminal
Code; going through the sections and subsections was like navigating through molasses. I'd turn back a page, and the spot I'd been reading a moment before would disappear in the run of text.
Death.
Death penalty.
Capital murder.
Injection, lethal.
630:5 (XXlll). When the penalty of death is imposed, the sentence shall be that the defendant is imprisoned in the state prison at Concord until the day appointed for his execution, which shall not be within one year from the day sentence is passed.
Or in Shays case, eleven years.
The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of an ultra-short-acting barbiturate in combination with a chemical paralytic agent until death is pronounced by a licensed physician according to accepted standards of medical practice.
Everything I knew about the death penalty I had learned at the
ACLU. Prior to working there, I hadn't given the death penalty much thought, beyond when someone was executed and the media made a huge story out of it. Now I knew the names of those who were killed. I heard about their last-minute appeals. I knew that, after death, some inmates were found to be innocent.
Lethal injection was supposed to be like putting a dog to sleep-a drowsiness overcame you, and then you just never woke up. No pain, no stress. It was a cocktail of three drugs: Sodium Pentothal, a sedative to put the inmate to sleep; Pavulon, to paralyze the muscular system and stop breathing; and potassium chloride, to stop the heart. The Sodium Pentothal was ultra-short-acting-which meant that you could recover quickly from its effects. It also meant that a subject might have feeling in his nerves, yet be just sedated enough to be unable to communicate or move.
The British medical journal the Lancet published a 2005 study of the toxicology reports of forty-nine executed inmates in four U.S. states; forty-three of the inmates had a level of anesthesia lower than required
Anesthesiologists say that if a person were conscious at the time potassium chloride is administered, it would feel like boiling oil in the veins.
An inmate might feel as if he were being burned alive from the inside, but be unable to move or speak because of the muscle paralysis and minimal sedation caused by the other two drugs. The Supreme Court had even had its doubts: although they still ruled that capital punishment was constitutional, they'd halted executions of two inmates on a narrower issue: whether the excessive pain caused by lethal injection was a civil rights infraction that could be argued in a lower court.
Or-to put it simply-lethal injection might not be as humane as everyone wanted to believe.
630:5 (XIV). The commissioner of corrections or his designee shall determine the substance or substances to be used and the procedures to be used in any execution, provided, however, that if for any reason the commissioner finds it to be impractical to carry out the punishment of death by administration of the required lethal substance or substances, the sentence of death may be carried out by hanging under the provisions of law for the death penalty by hanging in effect on December 31,1986.
Oliver settled on my lap as I read the words again.
Shay didn't have to be executed by lethal injection, if I could make the commissioner-or a court-find it impractical. If you coupled that with the RLUIPA-the law that said a prisoner's religious freedoms had to be protected in prison-and if I could prove that part of Shay's belief system for redemption included organ donation, then lethal injection was impractical.
In which case, Shay would be hanged.
And-here was the real miracle-according to Dr. Gallagher, that meant Shay Bourne could donate his heart.
Lucius
The day the priest returned, I was working on pigments. My favorite substance was tea-it made a stain you could vary in intensity from an almost white to a yellowish brown. MEtM's were vibrant, but they were the hardest to work with-you had to moisten a Q-tip and rub it over the surface of the MftM, you couldn't just soak off the pigment like I was doing this morning with Skittles.
I set my jar lid on the table and added about fifteen drops of warm water. The green Skittle went in next, and I rolled it around with my finger, watching the food dye coating come off. The trick here was to pull the candy out just as I started to see the white sugar beneath the coating-if the sugar melted into the paint, it wouldn't work as well.
I popped the bleached button of candy into my mouth-I could do that these days, now that the thrush was gone. As I sucked on it, I poured the contents of the lid (green, like the grass I had not walked on with my bare feet in years; like the color of a jungle; like Adam's eyes) into an aspirin bottle for safekeeping. Later, I could vary the pigment with a dab of white toothpaste, diluted with water to make the right hue.
It was a laborious process, but then again... I had time.
I was just about to repeat the endeavor with a yellow jawbreaker-the yield of paint was four times as much as a Skittle-when Shay's priest walked up to my cell door in his flak jacket. I had, of course, seen the priest briefly the day he first visited Shay, but only at a distance. Now, with him directly in front of my cell door, I could see that he was younger than I would have expected, with hair that seemed decidedly un-priestlike and eyes as soft as gray flannel. 'Shay's getting his hair cut,' I said, because it was barber day, and that's where he had been taken about ten minutes before.
'I know, Lucius,' the priest said. 'That's why I was hoping to talk to you.'
Let me tell you, the last thing I wanted to do was chat with a priest. I hadn't asked for one, certainly, and in my previous experience, the clergy only wanted to give a lecture on how being gay was a choice, and how God loved me (but not my pesky habit of falling in love with other men). Just because Shay had come back to his cell convinced that his new teamsome lawyer girl and this priest-were going to move mountains for him didn't mean that I shared his enthusiasm. In spite of the fact that he'd been incarcerated for eleven years, Shay was still the most naive inmate I'd ever met. Just last night, for example, he'd had a fight with the correctional officers because it was laundry day and they'd brought new sheets, which Shay refused to put on the bed. He said he could feel the bleach, and instead insisted on sleeping on the floor of the cell.
'I appreciate you seeing me, Lucius,' the priest said. 'I'm happy to hear you're feeling better these days.'
I stared at him, wary.
'How long have you known Shay?'
I shrugged. 'Since he was put in the cell next to me a few weeks ago.'
'Was he talking about organ donation then?'
'Not at first,' I said. 'Then he had a seizure and got transferred to the infirmary. When he came back, donating his heart was all he could talk about.'
'He had a seizure?' the priest repeated, and I could tell this was news to him. 'Has he had any more since then?'
