Werner Herzog’s series of films about inmates on death row all begin with him making his stance on the death penalty clear: he is against it. And yet, these films are anything but political. Herzog does not, for example, review the arguments against the death penalty—that many of those condemned are likely innocent, that it is racially biased, that it does not act as a deterrent to other violent crime, and so on—nor does he get into its legal justification or its history.
Indeed, although Herzog repeatedly states that he is against the death penalty, he seems intentionally to portray the punishment in its most “justifiable” form. With some arguable exceptions (to be discussed later), all of the prisoners he interviewed were convicted of horrible crimes on very strong evidence. Most of them, for that matter, are white; and in any case he never explicitly brings up the subject of race. Thus, most of the arguments usually cited against the death penalty do not apply to these cases.
Despite this—or, perhaps, because of it—Herzog’s films become a strong statement against the death penalty’s continued existence. His view is not that the death penalty is wrong because it violates constitutional rights or it’s statistically unfair or so on, but that the death penalty is simply wrong in itself. This is because even the worst criminals are human beings. It is a simple and powerful argument, and I think ultimately the right one to make. For there will always be people who commit terrible crimes, and as a consequence there will always be the temptation to view such people as somehow inhuman or monstrous, and thus not worthy of life.
Herzog combats this tendency by bringing the viewer into direct contact with the reality of the death penalty. Every episode of this documentary series begins in the same way: The camera goes from the holding cell of the death house to the execution chamber. Eerie music plays in the background and Herzog’s equally eerie voice gives us the basic facts about the death penalty in America.
Typical of Herzog, the camerawork has a curiously amateurish quality. It looks as if somebody were simply holding their phone and walking. The angle shifts like a man turning his head: peering down at the Bibles on the table, up at the microphone to capture the prisoner’s final statement, and into the observation room where relatives of the victims and the prisoner are there to watch the final moments.
It is a short and simple sequence, and yet I think it is far more effective than any flashy camerawork or well-produced dramatization could be, as it really makes you feel as if you are a prisoner being led to your own execution. As the camera moves from the white cellblock to the execution chamber with its sickly green brick walls, you can feel some of the numbing terror of institutionalized death.
And this impression is fleshed out with further information at various moments in the different episodes. In the feature-length, standalone documentary that kicks off the series, Into the Abyss, we hear from the priest who administers the last rites and who stays with the inmate as the poison is administered. Behind him we see the rows of stone crosses, where the prisoners are buried whose families don’t make arrangements. They bear only the prisoner’s ID number, no name.*
Later on in that documentary, we hear from Fred Allen, who was the captain of the team that managed the “Death House.” He describes the final hours of a prisoner: They are allowed to shower, for example, and to put on their civilian clothes. They can use a phone to call loved ones. At the fatal hour, a team of five guards takes the prisoner to the gurney, and are able to have the prisoner strapped down within thirty seconds. Allen performed this routine for over 120 executions. His final job was to unstrap the dead prisoner and move them to a stretcher for removal.**
In the documentary on Hank Skinner—whose execution was stayed by order of the Supreme Court just twenty minutes before it was to take place—we get perhaps the most revealing look at the final moments of an inmate scheduled for death. In Texas, though executions are carried out in Huntsville, the male death row inmates are housed in the Polunsky unit, about 40 miles away. In a powerful sequence, Herzog and his crew make the drive from the one prison to the other, showing what a condemned man would see as his last glimpse of the world outside. As Herzog says, it is rather dreary—the standard tableau of gas stations and billboards facing a highway—but when seen through the eyes of somebody who will shortly cease to exist, even this banal landscape can be crushingly beautiful.
(Skinner has since died in prison, months before his new execution date.)
All of this footage and information serves to make something that is normally quite abstract terrifyingly concrete.*** But perhaps even more valuable than this are the interviews with the inmates. Herzog shows himself in these films to be a masterful, if unorthodox, interviewer. Into the Abyss, for example, opens with Herzog evoking tears from the minister by asking him to explain an encounter with a squirrel.
More generally, he is good at getting his subjects to open up, not just about the details of the cases, but about their inner world—what they miss about the outside world, what they dream about, how they are dealing with their approaching end. Yet sometimes the silences are more revealing than the words. Another of Herzog’s characteristic touches is to hold the camera on a person’s face when they have finished speaking. This is uncomfortable at first, but I think it gives the interactions a certain naturalness that recorded interviews otherwise lack. For in reality we often observe others in silence.
I hesitate to make the following comment, as I am a layperson and have no psychological training whatsoever. Nevertheless, I could not help noticing some strong similarities between many of the subjects. With the exception of Blaine Milam, everyone behind bars whom Herzog interviews is surprisingly articulate and intelligent. More than that, I often got the feeling that they would be adept at convincing and manipulating others, for many of them are persuasive on camera.
This apparent intelligence is striking all the more so for the stupidity of their crimes. The crime at the center of Into the Abyss, for example, is so shocking partly because it was done with so little planning and for such a small reward (a car). Both Douglas Feldman and James Barnes—murderers from other episodes—seem highly intelligent, and yet both were caught for pointless and easily-caught acts of violence (the former, basically a case of road rage, and the later, a domestic dispute). Robert Fratta killed his estranged wife rather than just get a divorce, and Linda Carty murdered a woman for her child, somehow believing she could convince others it was her own. The only notable exception to this pattern of stupidity is George Rivas, of the notorious Texas Seven, who was a methodical planner—most famously, orchestrating a complex prison break.
Another thing I found striking was that so many of these convicts strongly protested their innocence, even in the face of overwhelming evidence against them. To be sure, if you are on death row, the only way to potentially avoid execution is to fight for your innocence. Still, even if their circumstances virtually force them to deny the crime, I did notice a lack of regard or concern for the victims of these crimes. Darlie Routier, for example, who was convicted for killing two of her sons, spends all of her time painstakingly going over all of the evidence that could exculpate her, but seems unconcerned that the (supposed) real killer is still on the loose. An even starker example is Douglas Feldman, who gunned down two truck drivers in a random spree of violence. He said in his final statement:
I hereby declare Robert Steven Everett and Nicholas Velasquez guilty of crimes against me, Douglas Alan Feldman. Either by fact or by proxy, I find them both guilty. I hereby sentence both of them to death, which I carried out in 1988.
A starker lack of remorse could hardly be imagined.
Here are a few more similarities that jump out. Two of the convicts in this series, Darlie Routier and Robert Fratta, are notable for being highly superficial, in the sense that they care deeply about how they look and are perceived by others. Another similarity is religion. Many of the convicts, perhaps unsurprisingly, turn to God in their time of need. Fratta, for example, converted to Christianity in prison, and claimed that God had inspired him to invent a new political philosophy (in which all the Christians live together under an elected monarch—oh, and the different races are to live separately), while another murderer, James Barnes, converted to Islam and confessed to additional murders (including some he probably did not commit). Hank Skinner, meanwhile, lost himself in mystical, New Agey numerical coincidences.
If there is one prisoner who stands out as being unlike the others in this series, it is Blaine Milam. In the film, he comes across as somebody who is neither particularly bright nor articulate (indeed, an intellectual disability claim is being reviewed). And he also lacks, for me, the strange remorseless quality I noted in the other convicts. When he talks, he does not sound like he is trying to manipulate you, and he does not plead his case. And yet, he is guilty of perhaps the most disturbing and disgusting crime of all in this series: the brutal torture and murder of a 13-month-old baby girl. Indeed, this murder was so sickening that it dissuaded Herzog from making more of these films.
In fairness to these convicts, I wish to highlight the two who were convicted on the weakest evidence. In my view (and, again, I am the furthest thing from an expert), these are Darlie Routier and Hank Skinner.
For both, the case against them is largely forensic and circumstantial—they were the only people known to be at the scene of a crime, and their blood was found on the murder weapon and the victims. However, in both cases the motive is rather unclear. Furthermore, Routier was herself nearly killed from a knife wound (prosecutors say it was self-inflicted) and Skinner had such a high level of alcohol and codeine in his system that an expert testified he would have been physically unable to commit the brutal triple homicide (though he did walk to a girlfriend’s house shortly after the murder).
For what it’s worth, I personally found the cases against these two to be quite strong, even if it did leave some room for doubt. The theory of their innocence requires, for both, that somebody break into a house and commit a brutal murder—sparing only the person convicted—and then vanish without leaving any trace of their identity. It seems far-fetched to me.
I have gone on about the criminals, but ultimately even they are not at the core of these films. Rather, it is the crimes they committed. These brutal acts are the vital center of these stories, whose effects ripple outward in space and time. Herzog, as usual, does his best to get as close as he can to the moral abyss. He uses archival footage of crime scenes, recordings of interrogations, taped confessions, interviews with police officers and detectives—all this, trying to get a clear look at the worst side of our nature.
This crime sets the convict on a path towards prison and, ultimately, death. And of course it ends the path of the victims. The victims’ stories, instead, reverberate back in time, as they become the centers of investigations and the protagonists of tragedies. And it is perhaps the final tragedy of these victims that they are no longer around even to tell their stories. As one prosecutor explains, when dealing with a murder, there is a kind of asymmetry in our sympathies, since the victim’s suffering is in the past and, therefore, abstract, while the suffering of the criminal is present and palpable.
Herzog cannot, obviously, round out the picture of these crimes by interviewing its victims. But he does his best to give these victims a voice. When he can, he interviews surviving family members. These interviews are (perhaps unsurprisingly) among the most heartbreaking parts of this series—each person faced with a sudden, violent, irrecoverable loss. And though it is uncomfortable, he even asks the murderers to recall their victims—vainly hoping, perhaps, to ignite some spark of conscience. This is a natural extension of his basic attitude: for if Herzog is against the death penalty, he also cannot ignore the evil of murder. As he repeatedly makes clear, he is not opposed to punishment, but to the taking of human life.
There is a repeated image in this series, of birds slowly flying over what appears to be a landfill. They are just pigeons and seagulls, hundreds of them, on the lookout for trash. And yet, the sky and land are so bleak that these birds take on the appearance of vultures circling carrion. This image has no obvious connection to the subject of the film, and yet it somehow seems to embody it. Herzog has a knack for choosing visual metaphors that are powerful without being obvious. This image, I think, represents a feeling rather than a thought: pure desolation—ugly, gray, bleak. This mood hangs over this whole project, lending every moment a certain weight. I think it is a feeling we ought to reckon with.
*In Texas, starting in 2019, ministers could no longer be with inmates as they are executed. This is because, in 2019, the execution of Patrick Murphy was stayed since the prison would not allow a Buddhist minister to be with him in the execution chamber, while Christian ministers could be present. The Supreme Court decided that this constituted religious discrimination and the execution was postponed. In response, Texas simply decided that no ministers, Christian or Buddhist, would be allowed in the execution chamber. This hardly addressed the fundamental issue, in my opinion, as Christian prisoners were still given access to a minister (before the execution), while Buddhist inmates were not. This policy was apparently reversed when, in 2021, John Ramirez won a Supreme Court case that allowed a Baptist minister to be in the execution chamber with him when the fatal injection was administered. In any case, it is rather bizarre to think that the government’s commitment to religious equality is enough to stop an execution from going forward, but not its commitment to avoiding cruel and unusual punishments.
**It is worth noting that, after having participated in so many executions, Allen had a crisis of conscience and decided that the death penalty was immoral. He immediately quit his job, even though he had to give up his pension. This crisis was provoked by the execution of Kayla Faye Tucker in 1998, which was the first execution of a woman in Texas since 1863. As it happened, Tucker had become something of a celebrity, with even some foreign officials supporting clemency for her crimes.
***I cannot resist adding one final morbid detail about the execution process. One popular fixture of executions is the “Last Meal,” in which the prisoner can request virtually anything to enjoy as their final taste of earthly nourishment. Back in 1959, the blues singer Jimmy Rogers released a song, “My Last Meal,” in which he (as a convict) requests an impossible last meal (including dinosaur eggs, mosquito knees, and rattlesnake hips) so that the warden won’t be able to execute him. The reality is far less romantic. In Florida, the cost of the last meal is limited to $40, and in Oklahoma to $25, neither of which is enough to afford anything luxurious. In Texas, however, the practice of the last meal was abolished in 2011, when the white supremecist Lawrence Russell Brewer requested an enormous last meal—indeed, almost worthy of Jimmy Rogers—and then refused to touch it. Now, Texas inmates simply eat whatever is served to the other prisoners.