A man in a read jumpsuit appeared outside the door on the other side of the viewing window. His movements suggested that the guard was removing handcuffs. When the door swung open, Zane shuffled in and took a seat. He was just a couple of feet away but the concrete wall with the plexiglas window kept us from physical contact. Zane did not look the death row type. He looked like a “normal” old man, older than the 57 years he had behind him. The hard life of the mountains and the hard drinking were apparent.
Henderson explained our purpose, and Zane seemed pleased that someone was paying attention to his case. I explained how I would be developing the facts of his case, in support of his court appointed attorneys. We had to move fast given the deadlines set by the Court. He was ok with my plan, but he wanted me to know one thing: “I can’t do a life sentence.”
Hmmm. “So, you would rather be executed than do a life sentence?” I asked. He slowly nodded and explained the hellacious prison conditions that were draining him of life.
“I didn’t mean to kill him,” Zane said, referring to his son. “Randy was a good kid . . . but he pulled a gun on me.” Zane continued to tell us his perspective of what happened that fateful night, which was consistent with his trial testimony. He believed that he shot his son in self-defense and that he did not shoot at his wife. Rather, the gun went off accidentally when he went out the door.
Zane was polite, looking down much of the time, glancing up occasionally as if to check to see if we were still there. The D.A. offered a plea deal to second degree murder, but Zane believed even then that he couldn’t do the time. Had he taken the offer he would be eligible for parole in 7-10 years. But Zane was a stubborn man. His clouded memories of the shooting convinced him that he shot in self-defense, and he hated being locked up. He was very fearful of police and of guards.
Zane had no trusted attorney to walk him through the deal. He hired one of the best lawyers in town when first arrested, the lawyer who had done previous work for him, but Zane ran out of money very quickly. So, he was assigned court-appointed attorneys, who he didn’t know and who had very little capital experience.
I asked about his wife. “Are you and Frannie still married? “Yea,” he answered. “She visits me every month.” Really? This news was encouraging. The mother of the victim regularly visits her son’s killer. One of the hardest aspects of a death case for defense lawyers is dealing with the surviving victims. In domestic cases, the killer’s family and the victim’s family are one and the same. This reality complicates the work of the legal team who relies upon a client’s family for help in building a case for life.
Zane assured me that Frannie would help me. I had my doubts, but told him I would contact her.