The other
night I went to see The Exonerated, which has been
playing Off Broadway since last fall and is also appearing in
theaters around the country this year. Composed wholly from
court records and interviews by playwrights Jessica Blank and
Erik Jensen, this documentary drama recounts true tales of
horror from the American criminal-justice system. The actors
sit downstage and read their parts as the stories of six
innocent citizens condemned to death row unfold. If this
sounds like a worthy endeavor, it is; if it sounds dull or
didactic, it isn¡¯t.
The Exonerated is so compelling as theater, in fact,
that it has drawn a rotating marquee of talent to the 45
Bleecker Street Theatre¡Öincluding Richard Dreyfuss, Jill
Clayburgh, Sara Gilbert, Gabriel Byrne, Aidan Quinn, and
director Bob Balaban. At the performance I saw, Mariska
Hargitay, star of Law and Order: Special Victims Unit,
gave brilliant voice to Sunny Jacobs, a woman who spent almost
17 years in a Florida penitentiary¡Öincluding five years on
death row¡Öfor a double murder she didn¡¯t commit.
The name of Sunny Jacobs sounded familiar to me, but I
didn¡¯t remember why until she mentioned her common-law
husband, Jesse Tafero, who was sent to prison with her for the
same heinous crime in 1976. They were convicted on the word of
Walter Rhodes, a felon and friend of Mr. Tafero who avoided
the death penalty by testifying against them. He swore that
Mr. Tafero and Ms. Jacobs had each somehow fired rounds from
the same pistol that killed Florida Highway Patrol trooper
Phillip Black and his friend, a Canadian constable named
Donald Irwin.
On the day of the killings, the couple and Jacobs¡¯ two
children were being driven north on Interstate 95 by Mr.
Rhodes in his car. The confrontation with the police officers
occurred at a rest stop near Pompano Beach. Exactly what
happened still remains murky, but shots were fired after
Trooper Black asked the two men to step out of the car.
Ms. Jacobs and Mr. Tafero were both condemned to death. Mr.
Rhodes received a life sentence. Sometime after the trials,
however, he recanted his testimony and confessed that he had
shot both officers. Then he recanted his recantation.
In 1992, Ms. Jacobs¡¯ attorneys won a new trial on appeal
for several reasons, notably including the prosecution¡¯s
concealment of a "damning" polygraph examiner¡¯s report that
undermined Mr. Rhodes¡¯ testimony. Had that evidence been
presented to the jury, Ms. Jacobs probably wouldn¡¯t have been
convicted. She was freed, and the prosecution never brought
her to trial again.
Although her legal victory also cast doubt on the
conviction of Mr. Tafero, the decision on appeal arrived two
years too late for him. In one of the most grotesque incidents
in the dismal history of capital punishment, he literally
caught fire in the electric chair.
For me, Jesse Tafero¡¯s name brought a shock of recognition
because in the fall of 1990, as an editor at Details magazine,
I had published an autopsy photo of his scorched head, along
with an eyewitness account of his execution by Miami Herald
statehouse reporter Ellen McGarrahan. Years later, she
again wrote about that auto-da-f§ª in Slate:
"Flames, my notes say, about Tafero¡¯s execution. Flames
and smoke ... The flames are nearly a foot high, they arc out
from underneath the black leather hood; there is smoke, the
huge buzzing sound of the electricity .... The executioner
turns the power on and off, three times in all, and in between
the jolts Tafero is moving, he¡¯s nodding, his chest rises and
falls. He looks like he¡¯s still alive ... It takes seven
minutes before the prison doctor pronounces him dead ...
There¡¯s a sore on his right pinky finger, a raw spot, flesh
rubbed off to blood against the oak, from where he was clawing
the chair."
The clinical photo of his head, which nobody else chose to
print, caused a brief sensation at Cond§ª Nast. Advertisers
didn¡¯t like seeing that kind of disturbing image on the same
glossy pages as their cars and clothes. I was advised to avoid
such material in the future. But the sickening question that
struck me while listening to Jesse Tafero¡¯s story in The
Exonerated¡Öand had never occurred to me in 1990¡Öis
whether the man put to death so hideously was actually
innocent.
A different kind of headshot can be viewed in The
Innocents, a new book published by Umbrage Editions
(www.umbragebooks.com) to mark the 10th anniversary of the
Innocence Project. The subjects of Taryn Simon¡¯s stunning
portraits¡Öalso on exhibit at the Museum of Modern Art¡¯s P.S.
1¡Öare former prisoners released thanks to the Innocence
Project¡¯s lawyers, academics and students. Their work,
directed by attorneys Barry Scheck and Peter Neufeld, has
thankfully awakened the public to the lethal possibilities of
error and chicanery in capital cases.
Unfortunately, we began to pay attention much too late for
Jesse Tafero¡Öand far too many others.
Joe Conason
writes for the New York Observer and Salon.com, and is the
author of "The Hunting of the President: The Ten-Year Campaign
to Destroy Bill and Hillary Clinton." E-mail Conason at jconason@observer.com.