The Defender

A public rest area was no place for staring, and the man had been staring for quite some time. Matt started to feel uncomfortable. He glanced over and looked directly at the man. Shackles on his wrist and ankles prevented Matt from getting scared, but he was really not enjoying this.

Two armed guards were at both sides of the prisoner, transporting him to a more secure facility in Charlotte. It was cold and wet that day, not a great day to travel. They had stopped at a rest area on I 85 and the spectacle had begun. Mother’s clutched their little ones. People stopped and stared. Matt had tried not to pay too much attention and went to go about his business.

As he looked back at the man, chained and guarded, he saw something that almost made him shiver. The prisoner’s face. There was a calmness about him. He looked like he knew something Matt didn't. Matt looked away and finished washing his hands. He made his way passed the armed guards who were now trying to get their prisoner back to the transport van.

Matt got back to his car; he sat in silence for a moment and thought about this brief encounter. Why had this made him so uncomfortable? It’s not a common sight, but it was just a prisoner. He started the car and readied himself to get back on the road. He was late getting back from a New Year’s get together with friends. I’m too old to party like that his headache reminded him as he merged into traffic.

His thoughts drifted back to the prisoner. I wonder what his story is. He looked to be around my age. He didn't look like a rough guy, no tattoos or scars. A tractor trailer’s loud horn shook him from his thoughts as he realized he’s in the left lane at 54 mph. Pay attention, he scolds himself.

I wonder what he did. He doesn't look like he could kill someone, rape? Matt had always thought of prisoners as what he had seen on t.v. This guy didn't fit the mold, or at least, his mold.

Back in the van, the prisoner sat quietly, thinking to himself. Wow, Matt Henson…and he didn't even recognize me. Charles Webber had gone to school with Matt Henson; they had been teammates at Pearson High, in Jenson, North Carolina. Charles had played linebacker, Matt was a wide receiver. Charles had even been to Matt’s house once, along with some teammates after a big win. Parents had been welcome and the house had been cheerful and festive.

The home Charles lived in was not festive. His father was in and out of jail, and his mother may as well of been somewhere else. Charles had a younger brother, and tried his best to look out for him. Charles was able to graduate, and even had a few scholarship offers. He had noticed his little brother hanging with the wrong crowd. Charles was no angel, but as a big strong linebacker, there was never any pressure to do anything he didn't want to do.

Unfortunately, Cliff, the younger Webber, had not been blessed by the football Gods. Short and stocky, Cliff was not an athlete. Charles had looked out for Cliff, but he couldn’t be there all the time. His mother, between working and partying, did not have the time or energy for Cliff either.

Matt arrived home a little tired but in good spirits. At 41, he was a financial advisor in Richmond, Va. After a nasty divorce 5 years ago, he had one daughter he saw every other week. He was content to date and not get tied down. He lived in a nice 3 bedroom bungalow in one of the nicer parts of town and enjoyed the perks of bachelorhood.

After high school Matt had gone to The University of Virginia. His football days being over, he studied and did well. He had interned at his father’s law office and learned the ins and outs of financial consulting. After school, he had gone off to Europe for a summer, traveling with friends and seeing the world. When he came home he started the job hunt. He landed in Richmond, about an hour away from his Alma matter.

Charles Webber had thought about college, he wanted to pursue football. But leaving Cliff made him nervous. Cliff was now 14 and hardly ever going to school. Many times already, Charles had gone out, only to find Cliff with some questionable characters. Charles would drag him home, and the battle would continue. Cliff was starting to resent his big, strong brother. Charles, at 18 was starting to resent not going to college so he could keep an eye on his little brother. Both wanted out.

Matt called Vanessa, his current girlfriend, and dinner arrangements were made. He began preparing. He started by cutting and layering the Eggplant. Tonight’s entree would be Eggplant Parmesan, one of his favorites. Matt loved to cook so dinners at home were a common occurrence. Vanessa was expected around 6, so Matt turned on the small tv in the kitchen to catch the news.

“Tonight is the scheduled execution of Charles Webber, convicted of capital murder in 1990…”

Charles was working at a furniture warehouse and very unhappy with his situation. Just a year ago, he was an all-district linebacker, dating a cheerleader and being a kid. Now he was breaking his back for just over minimum wage and constantly keeping an eye out for Cliff. Cliff and some friends had most recently been caught joyriding in a stolen car. Charles often thought about playing college ball, and what could have been.

“Donald Wallers was found shot in the head at the local Stop-Mart gas station, the cash register cleaned out..”

Charles sat in his holding cell, Reverend Jones at his side. His mother had long since passed, so it was only the two of them. Together they had prayed, talked, and sat in silence as Charles lived out his last hours. Charles thought back to the night that led him to death row. He and Cliff had gotten into a heated argument. Cliff had dropped out of high school, which had infuriated Charles. Cliff, who was selling drugs and carrying a gun, thought he was a man and wanted nothing to do with Charles.

On that fateful night in 1989, Charles had actually followed Cliff. He knew Cliff and the miserable kind he was running with had something planned. He followed the older Honda as it pulled into the Stop Mart. Cliff and another hoodlum went in, the other two stayed in the car. Charles saw his younger brother reaching inside his coat. Oh my God, he’s robbing the store! Without hesitation, Charles jumped out of the car and headed towards the entrance.

“Charles Webber was shot in the shoulder, holding the murder weapon in the now infamous tale of a botched robbery…”

Matt was watching the news when a picture of Charles flashed on the screen. At this point he realized two things. This was the man he saw today, and the reason the man was staring at him.

“A standout Linebacker at Pearson High School, at some point it all went wrong…”

Matt ran to his study and tried to find his old yearbooks. Charles Webber, yes, I remember Charles. Armed robbery…..murder? He dusted off his old Pearson High yearbook. Thumbing through, he found the football pictures… there they were, only a few other players stood in between them. Flipping a few more pages, to the Senior Superlatives section, he found a smiling young Charles, standing with his peers under a banner that read: Future Leaders.

The doorbell startled Matt, who had been staring at the old yearbooks, trying to connect the dots. He greeted Vanessa at the door, and told her the story from earlier that day. She listened as he told football stories and what little he could remember of Charles.

“The rest of the gang had been pulled over and a shootout with the police ensued…..all four were killed in the gunfire…..the stolen money found in a bag in the car…”

Charles had rushed through the entrance and into a bad situation. Cliff had his gun pointed at the cashier, who, after being robbed before, brandished his .38 pistol. Charles screamed at Cliff with an intensity that put everyone even more on edge. In big brother fashion, and without fully contemplating the circumstances, Charles lunged for Cliff like he was a quarterback in the backfield. This set off a deadly chain of events. Cliff squeezed the trigger multiple times, as Donald was able to get one shot off in retaliation. Charles grabbed the gun, and fell to the floor. Cliff and his friend unbelievably grabbed the money and fled.

“The execution is scheduled for11:36 tonight…as the vigil has been underway all week….this has been a controversial case from the start….”

Charles had now been moved to another cell, set for his last meal. The guards had unshackled Charles at this point, where was he going to go? He had been a model prisoner from day one, and many didn't believe he was guilty in the first place.

“Hey Charles, you remember that game against Lansing?”

Yeah, state playoffs?

“That’s the one; you had something like 4 sacks that day…had that quarterback crying to his momma!”

The conversation would sputter and it would become deathly quiet again. Waiting to die was not easy, so at times Charles would just close his eyes and pray.

Matt and Vanessa were now watching the news and digging up the story on the Internet. Memories of high school were coming back in waves, and Matt was now convinced Charles would have never done this. Charles had maintained his innocence throughout but had never implicated his brother in the crime. Matt read about Charles’ family history and was astonished how little support he had growing up. Wow, how did he even make it through school? Matt thought.

Just as Charles had given up, he had made his peace and was ready to face the end, the phone started to ring. Everyone jumped to attention. After almost twenty years of sitting on death row, the phone was now ringing with just under two hours to spare. Two more guards opened the door.

“ The Wardon says the governor has issued a temporary stay.”

Charles looked up in disbelief. The truth of the matter was that death had become a welcomed relief from the hellish nightmare he had lived for so long now. He didn't know if he could go through another trial.

“A stay of execution has been granted in the execution of Charles Webber….details are sparce at the moment..”

Matt and Vanessa couldn't believe the news. Matt was immediately on the phone with his father, whose firm did pro bono cases from time to time. His father promised to look into the case, and possibly meeting with Charles.

I can’t believe that was him today. Matt thought as he looked down at the yearbook on the table. He had been through a divorce and had at times felt sorry for himself in the process. Now he tried to imagine Charles’ life over the past 20 years.