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Q: Would you tell us what occurred after you pulled up in the parking lot of Wendy’s on North Thomas? A: Well, I pulled up and I was sitting there thinking about what I wanted to get to eat, and as I was getting out of the car, I saw a white male coming out the door and a policeman was getting ready to go in. I heard the policeman tell him to hold it, and they started struggling. Then this other policeman came up and started struggling with them. When he—I saw the other policeman who came in on the other side, he got shot and spun away and I saw a gun and I saw a white male shoot the policeman [Oliver] who fell back and drew his revolver and started shooting. I saw the white male running away, shooting back. Q: Where were you when all this shooting was going on? A: I was lying down beside my car. Q: How far was your car parked from where these people—where the struggle began? A: No more than ten feet at the most. The prosecutor told the jury in his closing argument that Davis saw Philip deliberately fire a bullet out of the barrel of his gun, into the police officer. The prosecutor said this proved that it was not an accident, not a result of the struggle. It was a cold-blooded, deliberate murder. The jury agreed, and sentenced Philip to die. We desperately searched for Harold Davis as Philip’s legal options ran out. We followed his trail through Washington State and California. Finally, on September 30, 1999, after an exhausting search, we tracked him to a motel in Phoenix, Arizona. We confronted Davis and showed him the evidence we had gathered which demonstrated that he was not in the Wendy’s parking lot, and could not have seen the shooting. At first, Davis claimed he testified truthfully. We showed him an aerial photograph and asked him what he did immediately after the shooting. Davis claimed he left his car at the Wendy's and ran off towards an apartment a quarter mile away, occupied by a man named Cletus. Incredibly, the route Davis described was the exact path taken by Philip. Davis would have been running directly behind Workman, thr ough gun shots and a police chase. We showed Davis the crime scene photograph and pointed out that there were no cars parked where he claimed to have been. We told him that he would have been in a race with Workman if he ran in the direction he claimed. Confronted with photographs and the impossibilities of his story, Davis finally admitted to us that he had lied at Philip’s trial. And he allowed us to videotape his confession. Two months later, we again tracked him down in Phoenix. After a half hour of discussion and confrontation, Davis broke down and began sobbing. Davis told a chilling story of being told to sign a statement declaring that he saw Philip fire the fatal shot. He was shown a photograph and told that the man was Philip Workman. Davis left Memphis, hoping to avoid further involvement. But prosecutors called him in Washington State and gave him a choice between being jailed, or coming back to Memphis to testify. Davis returned, but voiced his doubts about testifying. Then, one night at his hotel, a large white man came to his door. The man told Davis that he had to testify, or members of his family could disappear as easily as he could. Davis appeared in court and gave an account of events which did not match the evidence found at the crime scene. But it was enough. Davis has forsaken home and Tennessee for 19 years, staying on the road to avoid the danger he completely believes will follow him. Several jurors have submitted affidavits to defense attorneys, swearing that had they known even some of the issues outlined above, they would have voted for life instead of death. Despite their attestations, and despite the wealth of evidence showing innocence of murder, Philip Workman will likely be executed on April 6, 2000. Philip Workman has matured in his 18 years on death row. The isolation and the knowledge of his own impending death have created deep changes in who he is and what he believes. Philip has never denied his responsibility for creating the situation that led to Lt. Ronald Oliver’s death. It is a tragedy that will burden Philip forever. Philip has stated that when he saw Lt. Oliver’s widow at the trial, he wished that he were dead for having caused her so much pain. But Philip has had to find a means of living and having hope, of accepting the tragedy but not being chained by it. Philip has found a close relationship with God during his incarceration on death row. Philip does not hold his faith before him as a reason to spare his life, but it is such a strong component of who he is, it must be part of any examination of his life. If he is executed, he will die with the comfort of, and the faith in, his Savior. Philip has many loved ones. He shares his hard-earned wisdom and faith with many people who reach out to him in need. It is ironic that in such isolation, he has touched so many lives. In what may have been our last opportunity to save Philip Workman through judicial action, we filed a motion in December 1999 with the Tennessee Supreme Court asking that the court utilize a device long present in Tennessee law and history to recommend to Governor Don Sundquist that he grant clemency. The recommendations are not legally binding, but most governors confronted with these requests have commuted the death sentences of the condemned. We asked in the alternative that a Special Master be appointed to hold a hearing wherein we could present the evidence we have gathered over a ten year period to show that Philip Workman is innocent of a capital murder, and that he was convicted and sentenced with perjured testimony. The court filed its response on January 3, 2000. Four of the five Justices wrote opinions, indicating the struggles within the court. All the opinions stated that the Court is powerless to consider our evidence. One of the opinions, that of Justice Drowota, urged the Governor to carefully consider clemency, and noted that many death cases are based upon facts which are much more egregious than those in Philip's case. Furthermore, Drowota wrote that many more life-sentenced cases are based upon facts more egregious than these. Justice Adolpho Birch was the only Justice who completely supported our plea. He wrote that there are extenuating circumstances and recommended clemency. Local newspapers and the New York Times Sunday Magazine have published articles about Philip. A local television investigative reporter, Phil Williams, who convinced his station to support an in-depth series on Philip’s plight, has also helped us in our mission. The series aired on News Channel 5, a Nashville CBS affiliate, for several days and Williams continues to televise reports. In addition, the station has a cable channel that aired an interviews with Philip and four call-in shows devoted to his case. The station has devoted several hours of broadcast time to the story. Later, Phil Williams took several pieces he had filmed and created a half-hour documentary which aired in early January, 2000. (Copies are available for private use). We recently met with Lt. Oliver's only child, a daughter, and her mother, Oliver's ex-wife. Both women strongly believe that Philip Workman should not be executed. Oliver's daughter video-taped a statement asking the Governor to grant clemency and commute Philip's sentence. In sum, we have evidence that police and prosecutors colluded to ensure that Philip was convicted of a murder and sentenced to die. We have proof that the only witness who claimed to see the shooting committed perjury. We have scientific evidence that shows that the bullt which killed the officer could not have come from Philip's gun. Five of the eight original jurors who we were able to locate gave us affidavits swearing that they would not have convicted Philip and sentenced him to die, had they known the issues we have discovered. And finally, the slain officer's only daughter has strongly evinced her opposition to Philip's execution. The only viable avenue to save Philip's life is through clemency. The Governor of Tennessee is probably the only person who can stop this irrevocable injustice from occurring. It is urgent that he hear from people everywhere who oppose this execution. The Governor can be reached at the following address and e-mail: Office of the Governor State Capitol Nashville, TN 37243-0001 (615) 741- 2001 E-mail: dsundquist@mail.state.tn.us  |
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