The Arkansas Rockefeller

XII: A Final Act

CHAPTER XII A Final Act Dckefeller agonized most of the day on December 31, 1970. He was making a very special trip, and he wanted to be ready—both emotionally and in terms of what he would say. He was going to death row at the state prison. He didn't have to go. There was nothing to gain politically. He had been defeated at the polls. And it wasn't likely that the men in that very special place were expecting him. After all, it was New Year's Eve and he had his own family. The prisoners knew he was different toward them. Over the years of his administration, they had come to see that Rockefellerwas serious in his concern for them. But New Year's Eve? Two days before, WRhad commuted the sentences of all fifteen men sentenced to death. It was unheard of; this was the first time a governorhad commuted the death sentences of all condemned men in any state. Now he was a politically defeated man on his way out, still trying to do what he believed was right. He was going to see them, but he was agonizing. "It was the most difficult trip I ever made," Rockefeller later recalled. "That's the hardest place to be on New Year's Eve, to wish people a Happy New Year behind bars. I had never thought about it. What do you say?"1 But Rockefeller said it right, as he most often could in such emotion-laden situations. He told them it seemed "extraordinarily inappropriate" to be wishing people in their circumstances Happy New Year. But he went on to say that he hoped the visit would maybe bring happiness. "I am here to let you know I am thinking about you and God bless." R A Final Act 195 Rockefeller had his son Win and Win's wife Debby with him, as well as a few friends and staff members. Sarver was there too. "It was a very poignant experience," the former prison commissioner said.2 "Rockefeller was very moved. He walked up and down each barracks as well as death row. Ashe would walk up to the bars the men would come running from the back. Everybody crowded around the bars, reaching out to shake hands with him. He maintained his composure very well, but it was a difficult experience for him. All the men just wanted to touch him, shake hands with him and say 'Happy New Year.' We left there and someone suggested that there might not be time to go to Cummins and Rockefeller said, 'There sure as hell is time.' Wedrove to Cummins and he visited all eight barracks ." Rockefeller said later, "Knowing that I was going out of office in less than two weeks, and knowing that many—particularly in the black community—felt that their hopes lay in my attitudes and philosophies, I didn't want to fade out of office and give them the feeling that I had forgottenthem or that which I had stood for. SoI think it was veryimportant tomy successor that my concern was genuine, personal, not simply a political concern."3 Rockefeller had known for some time that he would commute the death sentences of the men. "Before I was ready to take a definitive stand," he explained, "I did feel that it was important for me tohave my position reinforced by the best that I could get ofthe professional evaluation of each individual case." Rockefeller said he had had to be careful; he didn't want to be branded a crusader and then be dogged to death. WR had held his view of the death penalty for many years. On December 7, 1966, the governor-elect told a news conference that he was opposed to capital punishment because he didn't think it was a solution. "Weourselves admit to failure," he said, "when the only way we can cope with the problem is taking another man's life." A few days later, the Arkansas Prosecuting Attorneys As- 196 The Arkansas Rockefeller sociation unanimously adopted a resolution urging retention of the death penalty. Rockefeller said shortly afterward that even though he opposed capital punishment, and would have broad powers of executive clemency, he would not commute the sentences of the men on death row. "Just because I disapprove of the law does not mean I approve ofignoring the law...