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  for my parents

  A Note on Source Material

  I have reconstructed Ricky Langley’s life from a mix of public court documents, transcripts, newspaper articles, and television coverage, and in one case a play that was based on interviews. In that extensive record, there were many instances in which I faced two or more competing facts, and I had to choose one in order to fashion a coherent narrative. In many more instances, I decided to include competing facts, claims, slippages, and ellipses, and to hold those contradictions and absences up to the light. More information on sources is detailed in the “sources consulted” section at the end of this book.

  For every event I record here, I have at least one person’s statement that it happened and their description of it, or it is a composite event constructed from several different descriptions as detailed in the “sources consulted” section. Wherever I have worked from a transcript, I have edited the dialogue for clarity and pacing. A good portion of the events I write about here occurred publicly and with a great deal of press attention, but I have nonetheless changed some names. The two research trips that form the backbone of the third part of this book were actually many trips that occurred over several years. I have compressed them, but the events depicted on those trips occurred as written.

  While I have not invented or altered any facts, relying instead on the documentation I’ve used as the primary source for this book, at times I have layered my imagination onto the bare-bones record of the past to bring it to life. Where I have done so is made clear in the “sources consulted” section at the end of the book. In all cases, what is offered here is my interpretation of the facts, my rendering, my attempt to piece together this story.

  As such, this is a book about what happened, yes, but it is also about what we do with what happened. It is about a murder, it is about my family, it is about other families whose lives were touched by the murder. But more than that, much more than that, it is about how we understand our lives, the past, and each other. To do this, we all make stories.

  Legal Note

  This work is not authorized or approved by the Louisiana Capital Assistance Center or its clients, and the views expressed by the author do not reflect the views or positions of anyone other than the author. The author’s description of any legal proceedings, including her description of the positions of the parties and the circumstances and events of the crimes charged, are drawn solely from the court record, other publicly available information, and her own research.

  Prologue

  [I]t is always possible that the solution to one mystery will solve another.

  —TRUMAN CAPOTE,

  IN COLD BLOOD

  He was just our Ricky, you know.

  —DARLENE LANGLEY,

  SISTER OF RICKY LANGLEY

  There is a principle in the law called proximate cause, taught to first-year law students through the case Palsgraf v. Long Island Railroad Co. A woman stands at one end of a train platform. Picture her: The year is 1924, and Helen Palsgraf is taking her two little girls to Rockaway Beach for the afternoon. The day is very hot, and the brick row house where the girls, their older brother, and their parents live is stuffy. With school out and nothing to do, the girls have been whining all day, and Helen has finally decided to take them to the beach. Perhaps she has buttoned a cotton dress up over her bathing suit and donned a wide-brimmed straw hat to block the sun. Now she leans against one of the station platform supports and fans herself with the hat. A few feet away, the girls play together with a doll one has brought. Helen watches them idly.

  At the other end of the platform, thirty feet away, a young man runs to catch the train that is now departing, an express to the Jamaica neighborhood of Queens. Perhaps he has plans to meet his pals there for a night of carousing. They will drink beer; they will listen to a band play; they will dance with pretty girls. Maybe he will even kiss the girl his cousin has told him about, a looker from Connecticut. He is with two other young men, and they all run for the train, but the man we care about carries under his arm a slim package wrapped in newspaper, fifteen inches long.

  The train has already begun to leave the station, its large metal wheels turning at an ever-increasing clip, but the man does not want to miss tonight. He runs faster. Can he make it?

  The train pulls out. There’s a gap between it and the platform now.

  The man leaps.

  From the train, a conductor leans out to catch his arms and pull him aboard. From the platform, a porter gives him a shove. The man lands safely on the train.

  But the package falls—and, when it hits ground, explodes. The package contained fireworks.

  The next morning, newspapers report dozens injured. A teenager’s hair caught flame. A mother and daughter suffered cuts all over their arms and legs. And at the other end of the platform from the train, a large metal scale used for weighing baggage shook and tottered. The woman standing beneath it, holding a wide straw hat, screamed. The scale fell.

  When Mrs. Palsgraf recovers, she sues the railroad for her injuries.

  What caused her injuries? Let’s start with the scale’s falling. This is what in law is called cause in fact: If the scale had not fallen, Mrs. Palsgraf would not have been injured.

  But there’s a problem. Scales don’t just fall. The explosion caused the fall.

  And explosions don’t just happen. The young man’s fireworks caused this one.

  But fireworks don’t just go off. The porter made the young man drop his fireworks by pushing him. Mrs. Palsgraf’s injury must be the porter’s fault—and thus that of the railroad that employs him.

  All of these possible causes are causes in fact. The causes in fact are endless. The idea of proximate cause is a solution. The job of the law is to figure out the source of the story, to assign responsibility. The proximate cause is the one the law says truly matters.

  The one that makes the story what it is.

  * * *

  In my memory there is a dark room that stands wide-mouthed as a cave, fluorescent bars weakly aglow in its center. On the walls, rows of leather-bound books stretch to the ceiling, the muted colors of their spines alternating the blue of an old flag, the green of the sea, the red of dried blood. The books are legal registers, the same books in every law firm library in the country that hold case decisions from decades before. Each of them contains countless stories, countless lives, who did what and who was made to pay.

  Picture me there. In June of 2003, twenty-five years old. Last week I passed my days hunched in a library carrel that smelled of old wood, where I scribbled six-hour blue book exams to finish my first year of law school at Harvard. Yesterday, I boarded a plane that carried me south to New Orleans, then I disembarked into air that was a hot wet slap. I have come to the South to fight the death penalty by interning with a law firm that represents people accused of murder. I am proud of this work I wa
nt to do and also frightened. My knowledge of the law comes only from books, and from the client stories my parents, both lawyers, shared with me as I was growing up. Those were disputes over custody, medical errors or a slip and fall, once a murder, but—nothing like a death penalty case. Nothing like I have been imagining New Orleans, in the midst of a crime wave this summer, will be. On last night’s evening news, yellow caution tape stretched tight across a closed door. This morning on Baronne Street, newspaper boxes blasted black headlines of murder. On the library shelves, below the case registers, lie photocopied booklets, each one sheathed in plastic and bound with plastic rings. They detail the steps the state takes for an execution, I know. In this room, lives are defended.

  I fidget in my metal folding chair. The brown suit I brought with me is too hot for New Orleans; I can feel the sweat already starting to bead on my forehead. This is where my attention is in this moment: on my clothes and how wrong I feel in them.

  A woman strides to the head of the conference table and holds a videocassette up for me and the other interns to see. She is poised, confident, dressed in a simple black skirt and a white shirt that somehow stays crisp in the heat. “This is the taped confession of the man whose retrial we just finished, recorded in 1992,” she says. Her accent is thin and British, her hair upswept like a Brontë heroine’s. “Nine years ago he was condemned to death, but this time the jury gave him life. Could you please,” she says to another lawyer, “get the lights?”

  * * *

  Cause in fact, then: this tape. If I hadn’t seen the man’s face on the tape—if I hadn’t heard him describe what he’d done—he might have stayed just a name to me.

  Cause in fact: her showing me the tape. Twelve years have now passed since this day at the law firm, and I want to reach back through the years and tell her no, he isn’t my client, he never will be my client, I don’t need to see this tape. The child he killed is already dead. The man has already been convicted of murder. Everything that happened has already been done. There’s no need for me to see the tape.

  Or go back further. Cause in fact: I could have chosen not to come south to this office. I could have chosen never to confront, question, what I believed. I could have allowed my past to remain undisturbed.

  What if I’d never gone to law school? What if I’d never found a book about law school on my father’s bookshelf one afternoon when I was home sick from school at thirteen? The month I read and reread that book, the month I dreamt my future, a little blond boy knocked on the door of his neighbor’s house in Louisiana. The man on the tape answered the door.

  I have spent more than ten years now with his story, a story that, had facts gone slightly differently, I might never have found. I have read the transcript of this confession he gave so many times I have lost count, and the transcripts of his other confessions. I know his words better than words I have written. Working backward from the transcripts, I have found the place where he lived and where he killed the little blond boy, and the gas station where he worked and was later arrested. From the transcripts, and by visiting the places in Louisiana where events in the man’s life took place, I have imagined his mother, his sisters, the little boy’s mother, all the characters from the past. And I have driven the long, lonely road from New Orleans to the Louisiana State Penitentiary, called Angola. I have sat across from this man, the murderer, in a visiting booth, and have looked into the same eyes that are on this tape.

  This tape brought me to reexamine everything I believed not only about the law but about my family and my past. I might have wished I’d never seen it. I might have wished that my life could stay in the simpler time before.

  * * *

  She pushes the cassette into the player and steps back. The screen on the old box television flickers. A seated man slowly comes into view. Pale skin, square jaw, jug ears. Thick, round Coke-bottle glasses. An orange jumpsuit. Hands bound in cuffs in his lap.

  “State your name,” a deep offscreen voice instructs.

  “Ricky Langley,” the man says.

  Part One: Crime

  One

  Louisiana, 1992

  The boy wears sweatpants the color of a Louisiana lake. Later, the police report will note them as blue, though in every description his mother gives thereafter she will always insist on calling them aqua or teal. On his feet are the muddy hiking boots every boy wears in this part of the state, perfect for playing in the woods. In one small fist, he grips a BB gun half as tall as he is. The BB gun is the Daisy brand, with a long, brown plastic barrel the boy keeps as shiny as if it were real metal. The only child of a single mother, Jeremy Guillory is used to moving often, sleeping in bedrooms that aren’t his. His mother’s friends all rent houses along the same dead-end street the landlord calls Watson Road whenever he wants to charge higher rent, though it doesn’t really have a name and even the town police department will need directions to find it. Settlers from Iowa named the town after their home state but, wanting a fresh start, pronounced the name Io-way, even as they kept the spelling. The town has always been a place people come for new starts, always been a place they can’t quite leave the past behind. There, the boy and his mother stay with whoever can pay the electricity bill one month, whoever can keep the gas on the next. Wherever the boy lands, he takes his BB gun with him. It is his most prized possession.

  Now it is the first week in February. The leaves are green and lush on the trees, but the temperature dips at night. Lorilei, Jeremy’s mother, isn’t working. She rented a home just for the two of them—their first—but the electricity’s been turned off. Her brother Richard lives in a sprawling house up on the hill, but she isn’t staying with Richard. Instead, Lorilei and Jeremy are staying with Lorilei’s friend Melissa, Melissa’s boyfriend, Michael, and their baby. The baby is two years old, old enough that he wants to play with the boy and screams when he doesn’t get his way.

  Today the baby is wailing. Jeremy, six years old, just off the yellow school bus home from kindergarten, eats his after-school snack in a hurry, dreaming of getting away from the noise, dreaming of the fun to be had out in the woods.

  At the end of the road there is a weathered white house and, behind it, a thatch of woods. The woods are the dense, deciduous, swampy kind, the kind in which rotting leaves mingle with the earth and the ground gives soft way beneath the boy’s feet. Though the thatch is very small, with only a single ravine like a scar in the earth, a single place to play war or dream of hiding away forever, these woods are Jeremy’s favorite place to play.

  He asks his mother for the BB gun. She takes it down from the shelf that keeps it safe from the baby and hands it to him. Jeremy runs out the door. Two children near his age, a boy name Joey and a girl named June, live in the white house by the woods, and though Jeremy likes exploring on his own, it’s more fun when Joey can join him. He goes to their door and he knocks.

  A man answers. The man wears thick glasses. He has a small head and large jug ears. At twenty-six and only 140 pounds, Ricky Joseph Langley is slight for a grown man—but still much bigger than the boy. He, too, grew up in this town. Now he rents a room from Joey and June’s parents, whom he met when he started working with their mother, Pearl, at the Fuel Stop out on the highway. He’s supposed to pay Pearl fifty dollars a week, but he’s never been able to afford it. He makes up the money in babysitting. Just a few days ago he looked after Joey and Jeremy. He brought them soap when they were in their bath.

  “Is Joey here?” Jeremy asks.

  “No,” Ricky says. “They went fishing.” It’s true. Joey’s father and the boy packed up poles just twenty minutes ago and drove out toward the lake. They’ll be gone all afternoon. “They’ll be back soon,” Ricky says. “You can come in and wait if you like.”

  Jeremy plays at this house every week. He knows Ricky. Yet he pauses.

  “Why don’t you come in?” Ricky says again. He opens the door wider and turns away. Jeremy walks over the threshold, carefully props his BB gun against a
wall near the entryway, and climbs the stairs to Joey’s bedroom. He sits down cross-legged on the floor and begins to play.

  Ricky climbs the stairs after him. He wants only to watch Jeremy play—later he will say this, later he will swear to it. But the watching changes something in him, and from this point on it is as if he is in a dream. He walks up behind Jeremy and hooks his forearm around the child’s neck, lifting him into the air. Jeremy kicks so hard his boots fall off. Ricky squeezes.

  Jeremy stops breathing.

  Maybe now Ricky touches him; maybe now he can admit to himself what he’s wanted since seeing Jeremy in the bath. Maybe he doesn’t. In all that will come from this moment, the three different trials and the three different videotaped confessions and the DNA testing and the serology reports and the bodily fluid reports and the psychiatric testimony and all the sworn sworn sworn truths, no one but Ricky will ever know for certain.

  Ricky picks up Jeremy, cradling the boy as if he were simply asleep, and carries him into his own bedroom. He lays him out on the mattress. He covers Jeremy—no, this is a body now; he covers the body—in a blue blanket printed with the cartoon face of Dick Tracy, detective. Then he sits at the edge of the bed and pets the blond hair.

  There’s a knock on the door downstairs. He goes to answer it. In the entryway stands a young woman. Her hair is the shade of brown that is often a childhood blond.

  “Have you seen my son?” When Lorilei asks this, she is three months pregnant.

  “Who’s your son?” he asks.

  “Jeremy,” she answers, and Ricky realizes he already knew.

  “No,” he says, “I haven’t seen him.”

  She sighs. “Well, maybe he’s gone to my brother’s.”

  “Maybe,” Ricky agrees. “So why don’t you come on in? You could use our phone. You could call your brother.”