May God Have Mercy: A True Story of Crime and Punishment

Overview

In some states by law, in others by tradition, judges imposing a sentence of death complete the grim ritual with the words "May God have mercy on your soul." In 1982, in Grundy, Virginia, a young miner named Roger Coleman was sentenced to death for the murder of his sister-in-law. Ten years later, Coleman's case had become an international cause celebre as a result of the extraordinary efforts of Kitty Behan, a brilliant and dedicated young lawyer who devoted two years of her life to gathering evidence of ...
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Overview

In some states by law, in others by tradition, judges imposing a sentence of death complete the grim ritual with the words "May God have mercy on your soul." In 1982, in Grundy, Virginia, a young miner named Roger Coleman was sentenced to death for the murder of his sister-in-law. Ten years later, Coleman's case had become an international cause celebre as a result of the extraordinary efforts of Kitty Behan, a brilliant and dedicated young lawyer who devoted two years of her life to gathering evidence of Coleman's innocence. Despite the mounting demands of the public, the media, and world religious leaders that Coleman's conviction be reexamined, the courts refused to consider new evidence because of a lawyer's mistake: years earlier, an appointed lawyer had filed a document one day late. The governor of Virginia offered Coleman only one chance for a reprieve - the opportunity to take a lie-detector test on the morning of his scheduled execution. "May God Have Mercy" explores the legal and moral complexities of this dramatic case with devastating impact.
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Editorial Reviews

Publishers Weekly - Publisher's Weekly
With executions on the rise nationwide, the story of Ronald Keith Coleman, as told by attorney-turned-author Tucker, might serve as a cautionary tale to an increasingly vindictive public. In 1982, Coleman was convicted of the rape and murder of his sister-in-law, Wanda Fay Thompson, and sentenced to die in Virginia's electric chair. Despite other leads and possible suspects, the investigation focused on Coleman from the beginning, in part due to his previous rape conviction. His defense was handled by two inexperienced lawyers, neither of whom had tried a murder case. Unresolved inconsistencies in the prosecution's case. How could Coleman have inflicted four-inch stab wounds with a three-inch knife? Why, if Coleman was freely admitted to the victim's home, were there pry marks on the door? And other problems created a climate of doubt that climaxed with a "Time" cover story that ran two days before Coleman's execution. Tucker paces his story with an eye to raising suspense as Coleman speeds through the appeals process and last-minute pleas. State policeman Jack Davidson, Virginia Appeals Court Judge Williams and U.S. Justice O'Connor come in for some shots, and the 11th-hour almost-heroes who worked tirelessly on Tucker's behalf are nearly canonized. What distinguishes Tucker's work is his sensitive rendering of the quality of the effort on Coleman's behalf and of the dignity with which Coleman, clearly a changed man, faced his death on May 20, 1992.
Library Journal
At one time a leading criminal defense attorney, Tucker here investigates the 1992 execution of Roger Coleman, convicted of murder despite shaky evidence.
Kirkus Reviews
Set in the mining country of Buchanan County, Va., a fast-paced synopsis of a case that received national attention: the conviction and execution of Roger Coleman for the 1981 murder of his sister-in-law, Wanda McCoy.

The evidence of the investigation, writes the author, indicates detectives decided almost immediately that miner Roger Coleman was the prime suspect, though according to witnesses who saw Coleman on the night of the murder, the medical examiner's timeline did not allow for him to have committed the crime. Coleman, at age 22, had done time for attempted rape and was presumed one of only a handful of people whom Wanda might have admitted to the house. He was charged and jailed without bond. Later he was indicted on the basis of his prior record, the family connection, the apparent lack of forced entry at the crime scene, and less-than-conclusive blood and hair evidence. When the case went to trial, says Tucker, it was tilted dramatically in favor of the prosecution. Afterward, an appeal by death-row advocates for Coleman, claiming that he had not received effective assistance of counsel at trial (his court-appointed lawyer had little trial experience and none in death-penalty cases) was dismissed because the notice of appeal was filed a day late. And the murder under mysterious circumstances of a most important new witness who might have earned him a retrial doomed Coleman's chances of reversing his conviction. Tucker, who was a criminal defense attorney in Chicago, brings a lawyer's thoroughness to his telling of the story. Allowing the known facts to stand for themselves, drawing on the work of the Coleman's death-row lawyers, the author builds a credible case for his innocence.

A timely account of a questionable but irreversible verdict in a time when the number of executions is rising.

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Product Details

  • ISBN-13: 9780385332941
  • Publisher: Random House Publishing Group
  • Publication date: 8/28/1998
  • Edition description: Reprinted Edition
  • Pages: 368
  • Sales rank: 494,871
  • Product dimensions: 5.30 (w) x 8.00 (h) x 0.71 (d)

Read an Excerpt



CHAPTER ONE

Buchanan County, Virginia

The town of Grundy doesn't fit the usual gracious public image of Virginia. Grundy is the county seat of Buchanan County, in the heart of Appalachia. It is farther south than most of Kentucky, and farther west than all but a sliver of West Virginia. It is so far west that the mixture of mud, water and coal dust that flows through town in the Levisa Fork River runs west to the Mississippi instead of east to the Atlantic Ocean.

It's nearly a seven-hour drive from Grundy to Virginia's capital in Richmond, but only thirteen miles to West Virginia—due east. You can't buy a drink of liquor in Grundy, so some of its less reputable citizens make the short trip to the Acapulco Club, just over the state line. Others drink the moonshine made in Buchanan County's mountain hollows. It's a toss-up whether you're more likely to go blind from drinking the moonshine or getting slashed by a broken beer bottle at the Acapulco.

If you head west from Grundy, it's sixteen miles to Pike County, Kentucky—site of the feud between the Hatfields and the McCoys, and some celebrated battles between revenuers and moonshiners. During Prohibition, the revenue men rarely ventured into Virginia—it was too dangerous, and besides, Virginia politicians didn't care any more for federal intervention in whiskey-making than they did forty years later when the issue was segregation. In 1935 Sherwood Anderson wrote about a moonshining case tried in federal court in Roanoke. The defendants included the sheriff of Franklin County and the county prosecutor, Carter Lee, Robert E.'sgrandnephew. From the evidence, Anderson wrote, it seemed as if Franklin County, Virginia, was "the wettest spot in the United States." Up the road in Buchanan County, some of the residents smiled.

Today, the only significant business in Buchanan County is mining coal. Unless you have a private airplane, you're most likely to approach Grundy by driving northwest on U.S. Route 460. Once you cross the height of land, the headwaters of Levisa Fork appear and the highway follows its valley. Soon road and river are joined by the tracks of the Norfolk & Western Railroad, built to carry the rich coal deposits of Buchanan County to market.

In 1931, shortly before the railroad announced a plan to extend its tracks in Buchanan County, a few prominent citizens began purchasing mineral rights from the families who had settled the area a century earlier. The Depression was on and life was even harder than usual for families trying to scratch a living from Buchanan's steep slopes and thin soil. For a man who owned a couple of hundred acres of mostly untillable mountainside, the dollar an acre he was offered for whatever was underneath was found money—money he was too poor to turn down even if he suspected that the buyer knew something he didn't. Thus, in early 1931 thousands of acres of Buchanan County mineral rights changed hands for next to nothing. A few years later, while most of its citizens remained dirt poor, Buchanan County boasted some of the wealthiest families in Virginia—and still does. Among them today are the McGlothlins and the Streets, founders and owners of United Coal Company, one of the largest privately owned coal companies in America. Organized in 1970 by a group of local lawyers and businessmen who decided to invest in some then-depressed coal properties, United grew rapidly, just in time for the 1973 Arab oil boycott to multiply the price of coal and the value of United's holdings. Two decades later, Jim McGlothlin, United's CEO and largest shareholder, is one of the richest men in America.

Coal is mined three ways in Buchanan County—strip mining, drift mining and deep shaft mining. The strip mines use giant earth movers to chew off the tops of mountains and ridges. Drift mines tunnel straight into the side of a mountain, removing the narrow bands of coal that followed its contours when the mountain was raised up by the massive force of colliding tectonic plates. The deep shaft mines burrow straight down to where the largest seams of coal were formed, far beneath the surface.

As you approach Grundy, large industrial compounds appear along the roadside, each with its own rail spur and a windowless, square-sided tower sheathed in corrugated metal. These are the shaft mines where miners work far below the surface, raised and lowered in cages attached to a cable. The mine on your left in Vansant, just east of Grundy, is Consolidated Coal Company's Pocahontas Mine No. 3. Its shaft descends some fifteen hundred feet straight down to the Pocahontas seam, which runs beneath much of Buchanan County. Once the seam is reached, tunnels spread out in many directions, following the rich deposits of coal. Some tunnels run for miles, with a maze of side tunnels as well. The mountain whose insides are now being devoured by Pocahontas No. 3 is not even visible from the mine entrance in Vansant.

The shaft mines of Buchanan County are among the deepest and most dangerous coal mines in America. Because they release so much deadly and explosive methane gas, they require exceptionally strong air circulation, so that working in them is like working in a wind tunnel. In a place that is always damp and cold, a wind blowing at a steady twenty-five miles an hour may keep the mine from exploding, but after an eight-hour shift some miners think favorably of the fiery cremation chosen by Sam McGee in the Robert Service poem.

Even so, the miners who work the deep shafts have two advantages over those who work the drift mines that tunnel into the mountainsides of nearly every hollow in Buchanan County. One is that the deep shaft mines are unionized, while United Coal and most companies that own drift mines are not. The other is that a shaft miner can usually stand up while he works. The Pocahontas seam is nearly five feet thick, and the tunnels that work it are at least as high as the seam, but the drift-mine seams and the tunnels that follow them are typically thirty-six inches high or less. A drift miner works on his hands and knees. For a miner who avoids being crippled, burned or buried alive, the usual question is which will give out first—his lungs, his back or his knees.

As U.S. 460 enters Grundy from the east, it becomes the main street of the business district. Although Grundy's population is less than two thousand, it is the only incorporated town in Buchanan County and the main commercial center for the surrounding area. The left side of the road is lined with a variety of businesses. In the center of town, on the right, is the Buchanan County Courthouse, an ugly eighty-eight-year-old structure of gray stone. After World War II a new wing was added, with an entrance of concrete blocks molded to imitate the stone. At the corner of the building, where a short side street runs off to the right, a striking bronze sculpture of a coal miner stands on a black marble base. He is dressed in work boots and coveralls, his pant legs taped over his boot tops to keep out the coal dust. His miner's helmet and headlamp are tilted back at a jaunty angle, revealing longish hair that is surely blond in real life. He stands erect, holding a miner's pick waist-high, and seems to gaze off to a distant horizon- a pose suggesting either that the sculptor had never been in a coal mine or that the mine owners who contributed to his commission were disinclined to show their workers crawling on hands and knees in a tunnel barely three feet high.

Beyond the courthouse, Slate Creek approaches the highway from the right, passes beneath it and empties into Levisa Fork, which there makes a sharp bend to the west, leaving the highway to fetch up against a sheer cliff of gray stone. On the face of the stone, members of the latest graduating class of Grundy Senior High School paint their class numerals and a pictorial tribute to the incongruous school mascot, a golden wave.

To avoid the cliff, Route 460 pauses at a stoplight and turns 90 degrees left to follow the river to Kentucky, while another road heads off to the right, following Slate Creek upstream to West Virginia.

For many years, Tuffy's barbershop occupied the building on the corner where the highway turns. In the basement of the shop was a shower room where, for a small fee, coal miners coming from work could remove their work clothes and wash some of the black coal dust off their skin and out of their hair before returning home. The barbershop and bathhouse are closed now, so unless he works at one of the big mines with its own shower room, a miner takes his coating of coal dust home.

For the most part, Grundy's citizens are hard-working, God-fearing people. There are, however, some notable exceptions, and while the coal miner's statue next to the courthouse pays tribute to the economic heartbeat of Buchanan County, the courthouse itself plays a central role in one of the region's principal recreational activities—violence, especially murder, rape and wife beating, with an occasional dose of labor strife thrown in.

While Grundy can't boast a strike as bloody as the one that brought nearby Harlan, Kentucky, the nickname Bloody Harlan, a few years ago the most violent coal strike in decades was centered next door in Dickenson County. Before it was over hundreds of miners had been jailed, and a judge named McGlothlin had fined the United Mine Workers millions of dollars. In the next election, Buchanan County's incumbent state representative, also a McGlothlin, lost his seat to the president of the Mineworkers local.

As for casual violence, Grundy's recent generation of young layabouts and drug dealers can hold their own in any league. In February 1981, under the headline MURDER NO LONGER SAFE IN BUCHANAN, Grundy's newspaper, The Virginia Mountaineer, profiled a young lawyer who was the county's Commonwealth's Attorney, or prosecutor—Jim McGlothlin's younger brother Michael. The article reported that since taking office a year earlier, Mickey McGlothlin had successfully prosecuted seven murder cases. It didn't mention that the seven murders reported in Buchanan County in 1980 gave the community a murder rate more than twice that of the state as a whole.

A month after the article praising Mickey McGlothlin appeared in the Mountaineer, Grundy's young Commonwealth's Attorney had another murder to prosecute.

CHAPTER TWO

Brad and Wanda

Wanda Fay Thompson was born on November 5, 1961, the second youngest of sixteen children—eight girls and eight boys. Wanda's father is a retired coal miner. The Thompsons raised their sixteen children in a frame house on Home Creek, a small tributary of Levisa Fork about twelve miles northwest of Grundy, a stone's throw from Kentucky.

The family has always been close. All the sons are in some kind of coal-mining job, and two of them, Pal and Danny Ray, have built their own houses on the hill just above the house where they were raised and their mother and father still live. Most of the other Thompson children live close by. All the girls are pretty, and Wanda Fay, with her strawberry-blond hair and ready smile, was no exception. Although she enjoyed the outdoor games her brothers and sisters played together whenever chores and good weather permitted, Wanda's favorite pastime was making clothes and crafts. In high school she was an average student, quiet and obedient. With strangers, she was almost painfully shy. No one can recall her ever doing anything mean or hurtful. Her sister Peggy says, "I guess you'd have to say she was just about perfect."

Brad McCoy is Max "Hezzie" McCoy's youngest son. Hezzie works for United Coal and drives a white stretch limousine that he rents out and chauffeurs himself for weddings and other occasions. He is a proud member of the McCoy clan. Brad is slight of build and as soft-spoken and gentle as his legendary forebears were crude and ill-tempered.

Brad McCoy and Wanda Fay Thompson were high school sweethearts at Grundy Senior High School. Brad was a member of the class of 1978; Wanda was two years behind him. They met through Wanda's older sister Lydia, who worked with Brad at the Piggly Wiggly. Brad had a crush on Lydia, but she passed him off to her younger sister.

The pass was complete. In July, a few weeks after Brad graduated, Brad McCoy and Wanda Fay Thompson were married at the Grundy Baptist Church. Wanda's family attended a church on Home Creek, but Brad had become close to Rev. Jack Mutter, the minister at Grundy Baptist, whose son, a close friend of Brad's, had been killed in a car accident not long before. It was typical of Brad that he would think it might give Mutter some comfort to celebrate the wedding of his son's friend, and Wanda and her parents agreed to his suggestion that the ceremony be held at Grundy Baptist. Bill Pierce, a friend, stood up for Brad. Wanda was attended by her younger sister Patricia. Both sets of parents thought the marriage was a perfect match, and for as long as it lasted it seemed they were right.

On June 16, three days after Brad graduated from high school, he went to work at United Coal. Perhaps because of his temperament and slight build, or perhaps because he seemed a little smarter than the average Grundy High School graduate, Brad was employed aboveground, as a parts clerk in one of the company repair shops.

If you turn left at the Grundy stoplight and follow Route 460 toward Kentucky, in about two miles you come to United Coal Shop No. 1, where Brad McCoy was assigned. If you turn right at the light and follow the road toward West Virginia, the narrow valley formed by Slate Creek widens a bit about three quarters of a mile east of town. There a bridge spans the creek and leads into a small subdivision called Longbottom. The first two rows back from the creek are well-kept brick and frame ranch homes whose middle-class owners are likely to be teachers, shop owners or coal company supervisors. Farther back a few older frame houses are more typical of the area's working-class population. In 1980, Hezzie and Betty McCoy lived in one of those houses, and after they were married, Brad and Wanda were able to rent another one, less than two blocks from Brad's mother and father.

When they were married, Wanda thought she might return to high school in the fall, but she soon found she enjoyed the life of a housewife. Brad's salary was enough to sustain their simple needs, and Wanda decided to drop out of school. Working, keeping house, visiting friends and family, Brad and Wanda settled into the rented house in Longbottom and remained there until the night Wanda Fay McCoy was murdered.

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Table of Contents

Book I. Murder 1
1. Buchanan County, Virginia 3
2. Brad and Wanda 8
3. March 10, 1981 11
Book II. Roger 17
4. Roger and Trish: Flash Floods and Mountain Hollows 19
5. The Investigation 27
6. Indictment 53
7. Trial 62
Book III. Death Row 91
8. Life on the Row: Mecklenburg 93
9. Death Row Angel 97
10. Sharon 100
11. The Choice Is Yours 106
12. A Day Late 110
Book IV. Jim and Kitty 117
13. The Centurion 119
14. New Records, New Science and a New Court 125
15. Starting Over: Kitty Behan 143
16. A New Suspect and Other Mysteries 147
17. September 1990: Back to Grundy 155
18. A Supreme Surprise 173
19. Dr. Blake ReportsBack 178
20. Back to Work 182
21. A Case About Federalism 190
22. Keeping On 192
23. The State Responds 201
24. Digging Deeper 206
25. Setting a Date 214
26. March 1992: Teresa 220
27. Four Interviews 225
28. Contact 229
29. The Experts 232
30. Roller Coaster 239
31. Back to Court 246
32. Russ Ford: Chaplain to the Dead 252
33. End Game 255
34. Back in Grundy: Jim McCloskey 265
35. Grundy Comes to Richmond 268
36. Saved? 271
37. Deathwatch: Roger, Sharon and Russ 275
38. Questions and Answers 278
39. Judge Williams Weighs In 283
40. Seven Days: Presto 288
Book V. Roger 303
41. Wednesday: Polygraph 305
42. "At 11:00 P.M. on May 20, 1992" 315
43. A Circle of Light 331
44. Dave's Branch, May 23 334
45. Afterword 336
Acknowledgments 349
Index 353
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