One of the nice things about first-class air travel is immediate beverage service. Even before our connecting flight lifts out of Atlanta’s Hartsfield Airport, a tumbler of single-malt Scotch sits half-empty on the tray before me. I never drink liquor in front of Annie, but she is conveniently asleep on the adjacent seat. Her little arm hangs over the padded divider, her hand touching my thigh, an early-warning system that operates even in sleep. What part of her brain keeps that hand in place? Did Neanderthal children sleep this way? I sip my whisky and stroke her hair, cautiously looking around the cabin.
One of the bad things about first-class air travel is being recognized. You get a lot of readers in first class. A lot of lawyers too. Today the cabin is virtually empty, but sitting across the aisle from us is a woman in her late twenties, wearing a lawyerly blue suit and reading a Penn Cage novel. It’s just a matter of time before she recognizes me. Or maybe not, if my luck holds. I take another sip of Scotch, recline my seat, and close my eyes.
The first image that floats into my mind is the face of Arthur Lee Hanratty. I spent four months convicting that bastard, and I consider it time well spent. But even in Texas, where we are serious about the death penalty, it takes time to exhaust all avenues of appeal. Now, eight years after his conviction, it seems possible that he might actually die at the hands of the state.
I know prosecutors who will drive all day with smiles on their faces to see the execution of a man they convicted, avidly anticipating the political capital they will reap from the event. Others will not attend an execution even if asked. I always felt a responsibility to witness the punishment I had requested in the name of society. Also, in capital cases, I shepherded the victims’ families through the long ordeal of trial. In every case family members asked me to witness the execution on their behalf. After the legislature changed the law, allowing victims’ families to witness executions, I was asked to accompany them in the viewing room, and I was glad to be able to comfort them.
This time it’s different. My relationship to death has fundamentally changed. I witnessed my wife’s death from a much closer perspective than from the viewing room at the Walls, and as painful as it was, her passing was a sacred experience. I have no desire to taint that memory by watching yet another execution carried out with the institutional efficiency of a veterinarian putting down a rabid dog.
I drink off the remainder of my Scotch, savoring the peaty burn in my throat. As always, remembering Sarah’s death makes me think of my father. Hearing his voice on the telephone earlier only intensifies the images. As the 727 ascends to cruising altitude, the whisky opens a neural switch in my brain, and memory begins overpowering thought like a salt tide flooding into an estuary. I know from experience that it is useless to resist. I close my eyes and let it come.
Sarah lies in the M.D. Anderson hospital in Houston, her bones turned to burning paper by a disease whose name she no longer speaks aloud. She is not superstitious, but to name the sickness seems to grant it more power than it deserves. Her doctors are puzzled. The end should have come long ago. The diagnosis was a late one, the prognosis poor. Sarah weighs only eighty-one pounds now, but she fights for life with a young mother’s tenacity. It is a pitched battle, fought minute by minute against physical agony and emotional despair. Sometimes she speaks of suicide. It is a comfort on the worst nights.
Like many doctors, her oncologists are too wary of lawsuits and the DEA to adequately treat pain. In desperation I call my father, who advises me to check Sarah out of the hospital and go home. Six hours later, he arrives at our door, trailing the smell of cigars and a black bag containing enough Schedule Two narcotics to euthanize a grizzly bear. For two weeks he lives across the hall from Sarah, tending her like a nurse, shaming into silence any physician who questions his actions. He helps Sarah to sleep when she needs it, frees her from the demon long enough to smile at Annie when she feels strong enough for me to bring her in.
Then the drugs begin to fail. The fine line between consciousness and agony disappears. One evening Sarah asks everyone to leave, saying she sleeps better alone. Near midnight she calls me into the bedroom where we once lay with Annie between us, dreaming of the future. She can barely speak. I take her hand. For a moment the clouds in her eyes part, revealing a startling clarity. “You made me happy,” she whispers. I believe I have no tears left, but they come now. “Take care of my baby,” she says. I vow with absolute conviction to do so, but I am not sure she hears me. Then she surprises me by asking for my father. I cross the hall and wake him, then sit down on the warm covers from which he rose.
When I wake, Sarah is gone. She died in her sleep. Peacefully, my father says. He volunteers no more, and I do not ask. When Sarah’s parents wake, he tells them she is dead. Each in turn goes to him and hugs him, their eyes wet with tears of gratitude and absolution. “She was a trooper,” my father says in a cracked voice. This is the highest tribute my wife will ever receive.
“Excuse me, are you Penn Cage? The writer?”
I blink and rub my eyes against the light, then turn to my right. The young woman across the aisle is looking at me, a slight blush coloring her cheeks.
“I didn’t want to bother you, but I saw you take a drink and realized you must be awake. I was reading this book and… well, you look just like the picture on the back.”
She is speaking softly so as not to wake Annie. Part of my mind is still with Sarah and my father, chasing a strand of meaning down a dark spiral, but I force myself to concentrate as the woman introduces herself as Kate. She is quite striking, with fine black hair pulled up from her neck, fair skin, and sea green eyes, an unusual combination. Her navy suit looks tailored, and the pulled-back hair gives the impression that Kate is several years older than she probably is, a common affectation among young female attorneys. I smile awkwardly and confirm that I am indeed myself, then ask if she is a lawyer.
She smiles. “Am I that obvious?”
“To other members of the breed.”
Another smile, this one different, as though at some private joke. “I’m a First Amendment specialist,” she offers.
Her accent is an alloy of Ivy League Boston and something softer. A Brahmin who graduated Radcliffe but spent her summers far away. “That sounds interesting,” I tell her.
“Sometimes. Not as interesting as what you do.”
“I’m sure you’re wrong about that.”
“I doubt it. I just saw you on CNN in the airport. They were talking about the Hanratty execution. About you killing his brother.”
So, the circus has started. “That’s not exactly my daily routine. Not anymore, at least.”
“It sounded like there were some unanswered questions about the shooting.” Kate blushes again. “I’m sure you’re sick of people asking about it, right?”
Yes, I am. “Maybe the execution will finally put it to rest.”
“I’m sorry. I didn’t mean to pry.”
“Sure you did.” On any other day I would brush her off. But she is reading one of my novels, and even thinking about Texas v. Hanratty is better than what I was thinking about when she disturbed me. “It’s okay. We all want to know the inside of things.”
“They said on Burden of Proof that the Hanratty case is often cited as an example of jurisdictional disputes between federal and state authorities.”
I nod but say nothing. “Disputes” is a rather mild word. Arthur Lee Hanratty was a white supremacist who testified against several former cronies in exchange for immunity and a plum spot in the Federal Witness Protection Program. Three months after he entered the program, he shot a black man in Compton over a traffic dispute. He fled Los Angeles, joined his two psychotic brothers, and wound up in Houston, where they murdered an entire black family. As they were being apprehended, Arthur Lee shot and killed a female cop, giving his brothers time to escape. None of this looked good on the resume of John Portman, the U.S. attorney who had granted Hanratty immunity, and Portman vowed to convict his former star witness in federal court in Los Angeles. My boss and I (with the help of then president and erstwhile Texas native George Bush) kept Hanratty in Texas, where he stood a real chance of dying for his crimes. Our jurisdictional victory deprived Portman of his revenge, but his career skyrocketed nevertheless, first into a federal judgeship and finally into the directorship of the FBI, where he now presides.
“I remember when it happened,” Kate says. “The Compton shooting, I mean. I was working in Los Angeles for the summer, and it got a lot of play there. Half the media made you out to be a hero, the other half a monster.
