阿拉巴马州谋杀案 - 第三部分：奇特制度

这是一档iHeart播客节目。

This is an iHeart podcast.

我是马尔科姆·格拉德威尔。很高兴告诉大家，《修正主义历史》入围了SIGNAL Awards两个奖项的决赛。SIGNAL Awards表彰定义文化的顶级播客。我们的《乔·罗根干预》一集入围最佳话题开启奖，《热血奔跑》一集入围最佳写作奖。获得提名让我们倍感振奋。

Malcolm Gladwell here. I'm excited to share that Revisionist History is a SIGNAL Awards finalist in two categories. The SIGNAL Awards recognize the top podcasts that define culture. Our episode, the Joe Rogan Intervention, is up for best conversation starter, and our episode, Running Hot, is up for best writing. We're thrilled to be nominated.

从现在起到10月9日，您可以通过为我们投票帮助我们获胜。请访问vote.signalaward.com进行投票。网址是vote.signal,signal,award.com。感谢您的支持。Pushkin。

And from now until October 9, you can help us win by voting for us. Vote at vote.signalaward.com. That's vote.signal, signal,award.com. We're thankful for your support. Pushkin.

大家好，我是马尔科姆。在进入本期节目前，我想告诉大家，现在订阅Pushkin Plus上的《修正主义历史》，即可无广告收听整季内容。请在苹果播客的节目页面或pushkin.fm/plus上注册。

Hello. Hello. Malcolm here. Before we get to the episode, I want to let you know you can get this entire season now, ad free, by subscribing to Revisionist History on Pushkin Plus. Sign up on the show page on Apple Podcasts or at pushkin.fm/plus.

Pushkin Plus订阅用户可享受无广告剧集、完整有声书、独家连播内容以及所有Pushkin节目的额外内容。

Pushkin Plus subscribers can access ad free episodes, full audiobooks, exclusive binges, and bonus content for all Pushkin shows.

《修正主义历史》前情提要。

Previously on Revisionist History.

三十五年。这就是伊丽莎白和她的家人等待正义到来的漫长岁月。

Thirty five years. That's how long Elizabeth and its family waited for justice to occur.

他反手打了他的孩子。我不知道那孩子做了什么。你就是不能那样打一个孩子的脸。

He backhanded his child. I don't know what the child had done. You just don't do that to a child across its face.

漫长的三十五年。

Thirty five long years.

我接了电话，得到了所有关于谁干的、谁参与其中以及所有细节的信息。

And I answered the call, and I got all the information on who done it, who was all involved, and all the particulars.

那种残忍就摆在那里，他竟能做出那样的事。我不知道。

The viciousness was there that he could do something like that. I don't know.

当伊丽莎白·参议院被谋杀时，帕特森·胡德，传奇南方摇滚乐队'Drive By Truckers'的主唱之一，正住在肖尔斯。

When Elizabeth Senate was murdered, Patterson Hood, one of the lead singers of the legendary Southern rock band, the Drive By Truckers, was living in the Shoals.

显然，这是头版大新闻，持续了好几周，因为这是一起如此恐怖、血腥的谋杀案，随着更多细节逐渐浮出水面，情况变得越来越糟。

Obviously, it was the big front page story for, you know, weeks because it was such a a horrific, grisly murder, and all of the different as as more details started coming out about it, you know, it just kept getting worse and worse.

他当时24岁，在佛罗伦萨的一家药店工作，寻找出路。

He was 24, working at a pharmacy in Florence looking for a way out.

福特工厂在1982年关闭了，那一年我刚高中毕业。工厂消失后，不仅它本身不复存在，连那些依赖福特工人消费的其他生意也开始陆续倒闭。直到最近十五到二十年，这里才真正复苏。如今小镇因诸多积极变化几乎面目全非，但在88年那会儿，情况简直糟糕透顶。

They closed the Ford plant in 1982, which was the year I graduated from high school. And when it was gone, not only was it gone, but then all these other businesses that depended on people who made the money working at the Ford plant, that stuff started going. It's really bounced back in the last last fifteen, twenty years. The the town's almost unrecognizable because of all the really positive things that have happened. But in '88, it was pretty fucking grim.

岁月流逝，但伊丽莎白·参议员的遭遇始终萦绕在他心头。

Years went by, and the story of what happened to Elizabeth Senate stayed with him.

不知为何这个故事特别触动我，最初我尝试用短篇小说的形式来创作。后来写着写着，某天突然决定把它改编成一首歌。

I don't know why it resonated with me, but I first started writing it thinking in terms of writing it more as like a a short story or a book or something like that. And I kinda wrote it in that form, and then at some point started turning it into a song.

这首歌名为《壁炉拨火棍》，收录在2011年发行的专辑《Go Go Boots》中。帕特森·胡德的创作灵感源自1988年佛罗伦萨镇药店里一位常客——当地警官的讲述。

The song was called The Fireplace Poker. He released it on the album Go Go Boots, which came out in 2011. Maybe you've heard it before. Patterson Hood got his inspiration from what one of the regulars in that Florence drugstore, a local police officer, told him back in 1988.

那位警官当时是佛罗伦萨警长，所以辖区内外的所有案件他都会介入。他常来店里闲聊案情，那些内幕消息听着确实引人入胜。他很早就提出理论，认为案件表象与真相并不相符。

He was the chief of police in Florence, and so he he was all up in any any police business anywhere in the area, whether it was in his jurisdiction or not. So he would come in and just talk about stuff. And it was interesting to hear for sure. He theorized really early on that that it wasn't like it was like it was supposed to be looking like it was.

最初所有人都认定伊丽莎白·参议员是被当地两个青年肯尼·史密斯和约翰·福雷斯特·帕克所害。正是这两人在那个三月清晨驾车前往库恩多格公墓路，池塘里发现的凶器也属于帕克。他们供认罪行后，被控以蓄意谋杀。

What everyone first thought was that Elizabeth Senate had been murdered by two local kids, Kenny Smith and John Forrest Parker. They were the ones who drove out to Coondog Cemetery Road on that March morning. It was Parker's knife found in the pond behind the house. They confessed. They were charged with capital murder.

此后三十五年间，参议员案引发的争议、公愤乃至最终在家庭与监狱上演的道德悲剧，全都基于阿拉巴马州司法系统对案发当日元凶的正确判定——即主谋查尔斯·塞尼特买凶杀妻，行凶者正是帕克与史密斯。但佛罗伦萨警长告诉帕特森·胡德的却是另一个版本：牧师下班回家发现妻子垂死，生命正从她指间流逝，而她仍挣扎求生。

Everything that would happen in the Senate case over the course of the next thirty five years, the controversies, the outrage, the moral calamity that would ultimately take place in home and prison, was based on the assumption that the justice system in Alabama had correctly determined who was responsible for what happened that morning. Namely, Charles Sennett was the mastermind who ordered the hit on his wife, and Parker and Smith were the killers. But that's not what the Florence police chief told Patterson Hood. The reverend came home from work and found the missus dying. Life was falling from her grasp, but still she lay there trying.

永远不会有人知道她告诉了他什么，也不会知道他告诉了她什么，因为牧师杀害了他的妻子。十五下，壁炉拨火棍。等等。牧师杀害了他的妻子？我是马尔科姆·格拉德威尔。

No one will ever know what she told him or know what he told her because the reverend did his wife in. 15 wacks, fireplace poker. Wait. The reverend did his wife in? My name is Malcolm Gladwell.

你正在收听的是我关于被忽视和误解之事的播客。本期《阿拉巴马谋杀案》讲述的是约翰·福雷斯特·帕克的审判，他是被控杀害伊丽莎白·塞纳特的三名年轻男子之一。以及所有那些在肖尔斯地区展开的灾难，由这起谋杀引发的连锁失败本可以避免的方式。事件的反事实版本，那些‘如果当初’的假设。第三集，《一种奇特制度》。

You're listening to my podcast about things overlooked and misunderstood. This episode of the Alabama Murders is about the trial of John Forrest Parker, one of the three young men charged in the killing of Elizabeth Senate. And all of the ways the catastrophe that unfolded in the Shoals, the failure cascade set in motion by the murder could have been averted. The counterfactual version of events, the what ifs. Episode three, A Peculiar Institution.

我接手过其他案件，从技术上讲可能事实更复杂，但这个案子...是的。这是我会一直记在心里的那个，即使没有孩子牵扯进来。

I've had, you know, other cases that technically were probably factually more complex, but this is yeah. This is the one that I will it's still on my mind, even without child coming.

汤姆·赫夫林是约翰·福雷斯特·帕克的辩护律师。他清楚记得伊丽莎白·塞纳特被谋杀那天自己在什么地方。

Tom Heflin was John Forrest Parker's attorney. He remembers exactly where he was the day Elizabeth Senate was murdered.

我当时去过阿拉巴马州的红湾镇，就在发生这起案件的同一条高速公路上的密西西比州边界附近。我很可能见过约翰·福雷斯特·帕克和肯尼·史密斯在他们的车里。虽然不能确定，但可能性很大。然后我接到电话说法院将指派我和吉恩·汉比担任辩护律师

I had been to Red Bay, Alabama, which is on the Mississippi border, down the same highway where this happened. I may well have seen John Forrest Parker and Kenny Smith in their car. I don't know that for a fact, but it may well have. Then I got the call that the court was going to appoint me and Gene Hamby to represent

赫夫林是阿拉巴马州前美国参议员豪厄尔·赫夫林的儿子。在他客厅里挂着他著名父亲的肖像，父子俩长得非常相像。赫夫林家族的人都长着狮子般的大脑袋，带着一种低沉的南方威严。所以你们是被法院指派的律师？

Heflin is the son of the former US senator from Alabama, Howell Heflin. In his living room, Heflin has a portrait of his famous father, and father and son look very much alike. The Heflins have large Leonine heads and and a kind of rumbling Southern gravitas. So you were court appointed attorneys?

法院指派的律师。

Court appointed attorneys.

是啊。是啊。在那个时候，你处理的案件中这类工作占多少比例？零。这很不寻常。

Yeah. Yeah. How much of your practice would have been that kind of work in those days? Zero. This is unusual.

那么为什么，它是怎么发生的呢？

So why, how did it come about then?

我想我们当时接了一连串的死刑谋杀案，大家某种程度上都被期待要出力。

I think we'd had a string of capital murder cases and everybody kind of is expected to serve.

帕克的审判于1989年5月在科尔伯特县法院进行，那是一座优雅的白色新古典主义建筑，位于塔斯坎比亚市中心镇广场上。

Parker's trial took place in May 1989 at the Colbert County Courthouse, a graceful white neoclassical building on the town square in the center of Tuscumbia.

好的。我们现在在科布勒县法院。如果我们往对面看，你会看到一栋三层楼建筑，周围有铁丝网和围栏。那是县监狱。

Alright. We're at the Cobbler County Courthouse. If we look across, you see a three story building with a razor wire around it and a fence. That's the county jail.

赫夫林带我同事本·纳达夫·哈弗雷参观了法院。

Heflin gave my colleague Ben Nadav Hafrey a tour of the courthouse.

呃，我们这里灯光不全。让我看看。

Well, we don't have full lights. Let's see. The

法庭狭小而色调灰白。墙上挂着帕克案法官英格·约翰逊的肖像，她有着长长的金发和蓝色的眼睛。

courtroom was small, gray and white. On the wall, there's a portrait of the judge in the Parker case, Inga Johnson, long blonde hair, blue eyes.

那你们当时坐在哪里？那里。陪审席的位置挺有意思的，它某种程度上

So where where did you guys sit? There. And so the jury box that's interesting. It sort

正对着法官。陪审席在那儿，证人席在那边，法庭书记员在那边。显然，法庭记录员在这里。

of faces the judge. Jury box is there. Witness would be there. Court clerk over there. Obviously, Court reporter here.

比如，有些陪审员可能就离约翰几英尺远，能直接看到他。

Like, some of the jurors would have had, like, a direct view of John, like, from feet away.

对。我们很可能让他坐在那里。我想我们确实这么安排了。因为...在一定程度上我们要把他隔离开。

Yeah. He would have been probably we probably would have sat him there. I think we did. Well, because. Inside where we block him off to a certain extent.

为什么要隔离他？

Why do you wanna block him off?

因为他戴着镣铐。是的。你知道，主要是我不想强调那一刻他是个囚犯，尽管所有人都心知肚明。

Well, he is shackled. Yeah. You know, that's basically, I just don't wanna emphasize that he is a prisoner at that point. Even everybody knows he is.

大多数刑事审判，尤其是较早期的案件，并没有音频或视频记录。只有法庭记录员制作的文字记录。这些记录可能长达数千页，它们自成一种独特的文学形式。由于缺乏描述、阐述或背景信息，读起来显得平淡无奇。需要花些时间学会如何运用想象力填补那些空白。

Most criminal trials, particularly older ones, don't have an audio or video record. There's just a transcript created by the court reporter. The transcripts can run for thousands of pages, and they're their own unique literary form. Because there's no description or elaboration or context, they read as flat, banal. It takes a little bit of time to learn how to use your imagination to fill in the empty spaces.

在约翰·帕克的案件中，当你学会填补这些空白时，就会清楚地发现检方的指控实在非常、非常薄弱。州政府的问题始于帕克坐在被告席上，距离陪审团仅几英尺远。这是一起雇凶杀人案，而他看起来根本不像个职业杀手。给我们讲讲帕克吧。

And in the case of John Parker, what becomes clear when you learn how to fill in those empty spaces is that the prosecution's case was really, really weak. The state's problems started with Parker sitting there in the docket a few feet from the jurors. This was a case about a murder for hire, a contract killer, and he just didn't look the part of a contract killer. Tell us about Parker.

帕克当时大概18岁。实际上出身良好家庭，家人可靠。他童年经历过一些创伤，我认为可能造成了些精神问题。他还有些吸毒问题。

Parker was, like, 18. Actually, a good family. Solid people. He had had some prior childhood trauma that I think probably created a little mental. He had some drug problems.

详细说说你对他的印象。

Tell me more about your impressions of him.

一个嗑药嗑嗨了的孩子，根本不知道自己在做什么。

A kid who had been drugged out and didn't know what they were doing.

约翰·福雷斯特·帕克曾因轻微犯罪多次被捕，比如砸车盗窃、偷汽油等。他九年级重读了三次。在他某次被捕后的精神评估报告中有这样一段话：'约翰的童年经历包括两岁时脑部遭受重击。据报道他在脑震荡后昏迷了三十六小时。其父母表示由于这次脑损伤，他们从未对约翰抱有多大期望。'

John Forrest Parker had been arrested on multiple occasions for minor crimes, breaking into cars, stealing gas. He'd failed ninth grade three times. In one of his psychiatric evaluations done after one of his previous arrests, there's this, quote, John's childhood history includes a brain concussion at the age of two. He reportedly was unconscious for thirty six hours following his concussion. His parents reported that due to his brain concussion, they had not expected very much of John.

在前往库恩多格公墓路谋杀伊丽莎白·坦南特的那天早上，帕克和史密斯在前排座位间放了一瓶威士忌。帕克在途中给自己注射了足量的阿片类药物。查尔斯·森内特给了他们一些钱买枪，他们却用来买了毒品。在所有关于这起罪行的描述中，他们都表现得极其愚蠢。

On the drive to Coondog Cemetery Road on the morning of Elizabeth Tennant's murder, Parker and Smith had a bottle of whiskey between them on the front seat. Parker injected himself with a healthy dose of opioids on the way over. Charles Sennett gave them some money to buy a gun. They used it to buy drugs instead. In every description of the crime, they come across as completely clueless.

帕克19岁，史密斯22岁。他们如此漫不经心，在殴打并刺伤伊丽莎白·参议院后，竟将使用的刀子和手杖扔进了她家后院的池塘。而实际上在回家的路上有数千英亩的树林荒野，完全可以丢弃那些物品且永远不会被发现。是的，帕克和史密斯严重伤害了伊丽莎白·参议院，并收钱实施暴力行为。

Parker is 19, Smith 22. They're so lackadaisical that after beating and stabbing Elizabeth Senate, they threw the knife and the walking stick they used into the pond behind her house. When there are literally thousands of acres of wooded wilderness on the drive back home where something could be thrown away and it would never ever be found. Yes. Parker and Smith hurt Elizabeth Senate badly and took money to commit acts of violence.

但当我们听到‘职业杀手’这个词时，想到的是刺客、黑手党杀手、冷酷无情、致命的人物。而这些人只是搞砸了的孩子。检方最大的弱点之一出现在当值海伦·凯勒医院的外科医生作证时——伊丽莎白·参议院被送进戴维·帕克斯·麦金利医院时，正是他首先看到她的伤势，试图挽救她的生命，并宣布她死亡。检察官的直接询问简短而切中要害。

But when we hear the phrase contract killers, we think of assassins, mafia hitmen, stone cold, hard bitten, lethal. These were screwed up kids. One of the biggest points of weakness for the prosecution emerged during the testimony of the surgeon who was on duty at Helen Keller Hospital when Elizabeth Senate was brought into the David Parks McKinley. He was the one who first saw her injuries, who tried to save her life, who pronounced her dead. The direct examination by the prosecutor is brief and to the point.

警方在参议院住宅后的池塘里发现了一把猎刀。史密斯和帕克都承认曾携带这把刀前往库恩多格公墓路。检方只想确认这把刀与伊丽莎白·参议院死亡之间的联系。提问：医生，您能描述一下您记得的她的身体外观吗？

The police had found a knife, a hunting knife, in the pond behind the Senate House. This was a knife that both Smith and Parker admitted to bringing with them to Coondog Cemetery Road. The prosecution just wanted to establish the connection between that knife and Elizabeth Senate's death. Question. Doctor, can you tell us what you recall about her physical appearance?

回答：最引人注目的是多处刺伤，尤其是胸部右侧和颈部底部。前额和头皮也有伤口。麦金利作证称，前额和头皮的伤口看起来是由钝器造成的，而胸部和颈部的伤口则是由刀具所致。

Answer. The most striking thing was multiple stab wounds, particularly over the right side of the chest and at the base of the neck. There were also some wounds of the forehead and scalp. McKinley testified that the cuts on the forehead and scalp looked like they were from a blunt object. The wounds to the chest and neck were caused by a knife.

他接着说：‘胸部伤口很可能是导致她死亡的主要原因。’检察官：‘谢谢医生，询问结束。’赫夫林知道检方将传唤麦金利，因此事先做了些功课。

He went on to say, It is likely that the chest wounds were by and large the cause of her death. Prosecutor, thank you, doctor. That's all. Heflin knew the prosecution was calling McKinley, so he did a little homework beforehand.

我们将在阵亡将士纪念日后的周二开始审判。我知道他们即将传唤州法医来作证说明致命伤的情况并描述伤情。接着他们会带来当时在急诊室治疗她的医生。我打电话问那位医生：‘你明天要说什么？’我们聊了聊，彼此有些了解。

We're starting trial on the Tuesday following Memorial Day. I know they're calling state medical examiner was coming up to testify what the fatal wounds were, describe them. Then they were bringing the doctor who treated her at the emergency room there. And I called up the doctor and said, what are you gonna say tomorrow? Then we talked about it and visited, kind of knew each other.

医生的话让赫夫林意识到可以设下陷阱。于是在法庭上，赫夫林起身在交叉询问中向麦金利询问关于那把刀的问题：‘提问：在本案中，您是否曾被展示过州政府从池塘中打捞出的那把刀？回答：’

What the doctor told him made Heflin realize he could lay a trap. So in court, Heflin gets up and, in cross examination, asks McKinley about the knife. Question. Have you ever been shown the knife that the state removed from the pond in this case? Answer.

我没见过它。没有，先生。赫夫林转向检察官们。你们有那把刀吗？这是那些笔录几乎无用的时刻之一。

I have not seen it. No, sir. Heflin turns to the prosecutors. Do y'all have the knife? This is one of those moments when the transcript is of little help.

你得填补空白。检察官们很焦虑。他们以为凶器的身份已是既定事实。那为什么赫夫林想让麦金利看看它？他们犹豫了。

You have to fill in the empty space. The prosecutors are anxious. They thought the identity of the murder weapon was a settled fact. So why does Heflin want McKinley to see it? They hesitate.

法官立即介入。我能请你们到法官席来一下吗？双方与法官聚在一起。法官对赫夫林说，你只是想给他看看那把刀吗？赫夫林回答，嗯哼。

The judge immediately intervenes. Can I see y'all at the bench? Both sides huddle with the judge. The judge says to Heflin, do you just want to show him the knife? Heflin says, uh-huh.

法官转向检察官。你们为什么不把它拿来？检察官们更加犹豫。法官重复道，你们去把它拿来。

The judge turns to the prosecutor. Why don't you get it? More hesitation from the prosecutors. The judge repeats herself. Y'all go get it.

检察官们在证据箱里翻找，拿了出来。赫夫林把它递给医生。我请赫夫林大声朗读他与麦金利关键交流时刻的庭审笔录。

The prosecutors rummage in their evidence box, take it out. Heflin hands it to the doctor. I asked Heflin to read aloud from the trial transcripts from the crucial moment of his exchange with McKinley.

你看到本内特·弗雷什女士被送到医院时的伤口了，对吗？是的，先生，我回答。检查那把刀后，你是否认为那可能是造成那些伤口的工具？

You saw the wounds inflicted on Ms. Bennett Fresh when she came into the hospital, didn't you? Yes, sir, I said. Examining that knife, do you have any opinion whether or not that was the instrument that could have inflicted those wounds?

而麦金利简单地回答道。

And McKinley answers simply.

坦白说，根据我在患者身上看到的情况，我会惊讶于这把刀就是凶器，或者Shah项目与此有关。我没有其他问题了。

I would frankly be surprised this was the knife based on what I saw or the Shah project based on what I saw on the patient. I don't have any further questions.

政府方的证人作证称，所谓的凶器实际上并非真正的凶器。胸部的伤口是由一把小得多的刀造成的，是的，比颈部伤口的刀要小。

The government's own witness testifies that the alleged murder weapon isn't actually the murder weapon. The chest wounds are of a much smaller knife Yes. Than was the neck wounds

不可能是

Couldn't are

与肯尼和约翰持有的大刀相符。是的。而致命的胸部伤口似乎是由一把更小的刀造成的，但我们找不到那把更小的刀。

consistent with the large knife that Yes. Kenny and John have. The chest wounds, which are the fatal wounds, seem to be made by a smaller knife, and we can't find the smaller knife.

没错。

That's right.

由此，你会认为合理的怀疑在增加。肯尼·史密斯和约翰·帕克真的是刺死伊丽莎白·参议员的凶手吗？对伊丽莎白·参议员尸体进行尸检的病理学家作证。她描述参议员的胸部伤口是迅速致命的。当检察官询问这一点时，她直率地说，我认为她在遭受这些伤口后没有活多久。

From there, you would think, the reasonable doubts grow. Were Kenny Smith and John Parker actually the ones who stabbed Elizabeth Senate to death? The pathologist who conducted the autopsy on Elizabeth Senate's body testifies. She described Senate's chest wounds as rapidly fatal. When asked about this by prosecutors, she said bluntly, I don't think she lived very long after those wounds were inflicted.

再一次，政府方的证人之一削弱了他们自己的案件。想想时间点。上午11:44，查尔斯·森内特歇斯底里地打电话给罗尼·梅，报告他的妻子遭到袭击。12:15，医护人员发现伊丽莎白·森内特还有脉搏。在一点...

Once again, one of the government's own witnesses undermines their case. Think about the timing. At 11:44 in the morning, Charles Sennett calls Ronnie May in hysterics to report that his wife has been attacked. At 12:15, the paramedics discover that Elizabeth Sennett has a pulse. At one p.

M，她抵达海伦·凯勒医院时还活着。事实上，麦金利医生直到02:05才宣布她死亡，整整一小时后。但根据控方自己的证人约翰·帕克和肯尼·史密斯所述，他们当天上午11:30就已回到佛罗伦萨的家中。从库恩多格公墓路到佛罗伦萨需要30到40分钟车程，当时外面正下着倾盆大雨。时间线根本对不上。

M, she arrives at Helen Keller Hospital, and she's still alive. McKinley, in fact, doesn't pronounce her as dead until 02:05, a full hour later. But according to the prosecution's own witness, John Parker and Kenny Smith were back home in Florence by 11:30 that morning. It's a thirty to forty minute drive from Coondog Cemetery Road to Florence, and it's pouring rain outside. The timing doesn't work.

他们最迟必须在十一点前离开参议员的房子。如果她在下午两点还活着，帕克和史密斯不可能在上午造成迅速致命的伤口，这意味着致命伤发生时史密斯和帕克早已离开。庭审后期，另一位检查过参议员尸检的法医也提出了相同观点。以下是赫夫林对他的质询。问题。

They must have left the senate's house by at least eleven. There's no way Parker and Smith could have inflicted rapidly fatal wounds at midmorning if she was still alive at 02:00 in the afternoon, meaning Smith and Parker must have been long gone by the time the fatal wounds were inflicted. Later in the trial, another pathologist who'd examined the Senate autopsy made the same point. Here is Heflin questioning him. Question.

若本案证据显示切罗基救援队在1988年3月18日约12:15PM时检测到塞内特夫人仍有心跳，根据您多年法医经验及您刚提及的检材审查，您是否对12:15PM前何时造成致命伤有专业判断？回答：就在几分钟前。法官、陪审团、双方律师、庭审记者都在聆听这个具有明确暗示的证词——必定另有他人用更小的刀刺中了伊丽莎白·塞内特的胸部。而911电话响起时，房子里唯一在场的人是谁？

If the evidence in this case shows that the Cherokee rescue squad detected a heartbeat on missus Sennett at approximately 12:15PM on 03/18/1988, based upon your years of experience as a pathologist and your review of the exhibits that you just named, do you have an opinion as to what time prior to 12:15PM the fatal wounds were delivered? Answer, within a very few minutes. The judge, the jury, the lawyers on both sides, the journalists covering the trial are all listening to this testimony with its unmistakable implication. Someone else must have stabbed Elizabeth Senate in the chest with a smaller knife. And who was the only person at the house at the time of the nine one one call?

查尔斯·塞内特。如果是塞内特作案，时间线就合理得多。他在他们离开后出现。

Charles Senate. If Senate does it, the timing makes a lot more sense. He shows up after they've left.

刺伤，打电话。刺伤然后打电话。对。或者先打电话再刺伤。没错。

Stabs, calls. Stabs and calls. Yeah. Or even had called and then stabbed. Yeah.

是啊。

Yeah.

一把不吻合的凶器，一条不合理的时间线。如果陪审团对查尔斯·塞内特的罪责仍存疑虑，他们还听到了伊丽莎白·塞内特好友的证词——这位好友对其婚姻内幕了如指掌。广告之后继续。我是马尔科姆·格拉德威尔。很高兴告诉大家《修正主义历史》入围了SIGNAL大奖两个奖项的决赛。

A knife that doesn't fit, a timeline that makes no sense. And if the jury still had any lingering doubts about Charles Sennett's culpability, there was also what they heard from Elizabeth Sennett's friend who had a front row seat to the inner life of her marriage. That's after the break. Malcolm Gladwell here. I'm excited to share that Revisionist History is a SIGNAL Awards finalist in two categories.

SIGNAL大奖旨在表彰定义文化的顶级播客节目。我们的《乔·罗根干预》一集入围最佳话题开启奖，《热血奔跑》一集入围最佳剧本奖。获得提名令我们无比激动。即日起至10月9日，您可以通过在vote.signalaward.com投票助力我们获奖。

The SIGNAL Awards recognize the top podcasts that define culture. Our episode, The Joe Rogan Intervention, is up for best conversation starter, and our episode, Running Hot, is up for best writing. We're thrilled to be nominated. And from now until October 9, you can help us win by voting for us. Vote at vote.signalaward.com.

投票网址是vote.signal,signal,award.com。感谢大家的支持。苏珊·莫斯利曾是肌肉浅滩市减肥诊所的一名护士，伊丽莎白·塞内特是她的病人之一。

That's vote.signal, signal,award.com. We're thankful for your support. Susan Mosley was a nurse at a weight loss clinic in Muscle Shoals. Elizabeth Senet was one of her patients.

我注意到她极度安静内向，毫无自尊心。那是个天衣无缝的完美谎言。

And I noticed she was extremely quiet, introverted, no self esteem. It was a brilliant, brilliant lie.

莫斯利接受了当地记者李·赫奇贝斯的采访，这位记者曾报道过塞内特案并为我们做过一些访谈。她向记者讲述了谋杀案发生前几个月里对伊丽莎白的记忆。

Mosley sat down with a local reporter named Lee Hedgebeth, who has written about the Senate case and did some interviews for us. She shared with him what she remembered about Elizabeth in the months leading up to the murder.

她每周会来诊所一次，我会过去给她称体重、量血压，询问她：'体重控制得怎么样？'

So she would come once a week to the clinic, and I would go over. I would weigh her to her blood pressure, talk to her about, okay. How's your weight doing?

莫斯利表示伊丽莎白·塞内特看起来并不快乐，总是攥着皱巴巴的纸巾坐在候诊室。某天，莫斯利决定直面这个问题。

Mosley said that Elizabeth Sennett didn't seem happy. She would sit in the waiting room with a napkin crushed in her fist. One day, Mosley decided to confront her.

我说：'莉兹，听我说。你的体重一直反复波动，所以我要合上病历本了。等等，先把音量调低。我要闭上眼睛了。'

And I said, Liz, now listen to him. You have been going up and down in your weight, so I'm gonna close this chart. Hold on. Just gonna turn it down. I'm gonna shut my eyes.

深呼吸一下。你呢？你可以闭上眼睛，告诉我你认为最大的问题是什么。如果你像我一样每晚都吃薯片，我们就买些烤的，然后一起想办法。所以尽管告诉我吧。

Take a deep breath. And how about you? You can close your eyes and just tell me what you think is the biggest problem. If you eat potato chips like I do every night, we'll get baked ones and we will do something. So just let me know.

我听说我差点把我丈夫翻倍了。椅子嘎吱作响，但我仍然保持沉默。她说，我需要谈谈。睁开你的眼睛。她说，转过来这边。

And I heard I nearly doubled my husband. I had the chair rustle, and I still kept it shut. And she said, I need to talk. Open your eyes. She said, turn around here.

我永远不会忘记，转向我的左边。我这样转过身，她就站在那里。在我们继续之前我要告诉你。她解开衬衫，从短袖上方约一英寸处往下吹，整个胸部，即使不是，她的臀部，她的腿到裙子覆盖的某个区域

And I'll never forget, turned to my left. I turned around like this, and she was standing there. And I'm gonna tell you before we go any further. I'm gonna she'd unbug the blouse and blow it down from about an inch above where a short sleeve would come, all in the chest, even if not, her butt, her legs to a certain area where a skirt would come

是黑色的。黑色。参议院布满了淤青。

was black. Black. The senate was covered in bruises.

我站起来，只希望我没有问任何问题。我什么都没问。我得把她的衣服重新扣好，然后像这样，她坐下了。你想谈谈这个吗？然后她开始告诉我关于她在这个机构里的关系的故事。

I got up and I just hope that I didn't ask no questions. I didn't ask anything. I had to button her real thing back up and now go like that, and she sat down. Do you wanna talk about this? And she began to tell me this story about her relationship in this facility.

她开始告诉我，她不知道他会杀了她，但她知道这一点，她一直在为离婚存钱。然后她打算找的律师要收她400美元。她说，我担心这个。她担心这个。因为一旦我这么做，我们就会失去这次旅行。

She began to tell me that she was didn't know how that he was going to kill her and that she knew this, that she had been saving her money for divorce. And then the way that the attorney she was going to is gonna charge her $400. She said, I worried about this. She worried about this. Because once I'll do this, we will lose this trip.

她说，我知道。我想在他杀我之前，我永远不会被这样对待。

And she said, I know. I don't think I'll ever be treated me with before he kills me.

她不知道具体会怎样，但他就是要杀她，而她觉得自己无法挣脱。莫西说她曾试图帮伊丽莎白寻找离开查尔斯、结束这段婚姻的方法。她告诉伊丽莎白，如果想的话可以来和她同住。她努力帮伊丽莎白组织语言与丈夫沟通。这段关系必须终结。

She didn't know how, but he was gonna kill her, and she didn't think she could break free. Mosey said she tried to help Elizabeth to find a way to leave Charles, leave the marriage. She told Elizabeth, you can come and live with me if you want. She tried to help her find the words to communicate to her husband. It had to end.

我们会坐在那儿，我给她打电话，然后她刚过来我就立刻说：'好的女士，跟我念——查尔斯，我们需要谈谈。我无法继续忍受这些殴打，周日还要去教堂，而你却试图用长袖衬衫遮掩伤痕，外面可是100华氏度的高温。总会有人发现的。'

We would sit there and I would call her and then me right after she came and said, okay, ma'am. Say say this. Charles, we need to talk. I cannot continue to be woven with all these beatings and then go to church on Sunday and then you do and try to cover up all these, wearing long sleeve shirt and a 100 degrees out. Somebody is going to figure this out.

我真不敢相信会是他。

I can't believe who it is.

莫斯利向调查人员作了证词，科尔伯特县警局的罗尼·梅用官方陈述那种平板无波的语调向陪审团转述了她的证言。但即便如此，她目睹之事的震撼力仍无法被忽视。听着，梅是这样说的：'莫斯利女士表示，斯尼特夫人曾告诉她，那年圣诞节前后，查尔斯的家人来访，他们是从佛罗里达过来的。'

Mosley gave a deposition to investigators, and her testimony was recounted to the jury by Ronnie May from the Colbert County Sheriff's Office in the flat, effectless tone of official speak. But even then, it's impossible to miss the power of what she saw. Listen. This is what May said. Missus Mosley said that she had been told by missus Sennett that around Christmas of that year, Charles' family came to visit, and they had come up from Florida.

斯尼特夫人说部分家人去打猎了。她称查尔斯因与家人的某些谈话变得极度暴躁，并描述道在圣诞节与家人的冲突中，查尔斯躺在地上尖叫哭泣，期间多次似乎全身瘫痪。斯尼特夫人表示这种情况持续了相当长时间，最终导致查尔斯的家人返回佛罗里达。莫斯利女士陈述说斯尼特夫人...

Missus Senate stated that some of the family went hunting. She stated that Charles became extremely upset over some conversation between he and members of the family, and missus Sennett stated that during that outburst at Christmas with his family members, he laid down on the floor and screamed and cried and seemed to be paralyzed at different times. Missus Sennett stated that this went on for some time at the house, and as a result, Charles' family left and returned to Florida. Mrs. Mosley stated that Mrs.

告诉她在这场争执中，查尔斯曾掏枪并朝父亲方向挥舞。在我探访肖尔斯地区时，曾坐在汤姆·赫夫林的客厅里，试图理清陪审团所了解的关于查尔斯·斯尼特的一切——这个在妻子被杀后迅速自杀的男人。我是说，在这三个潜在凶手帕克、史密斯和斯尼特中，只有斯尼特有暴力极端行为的书面记录。他是殴打妻子的那个人。在我看来，整件事的核心就是查尔斯·斯尼特。

Senate told her during this argument that Charles at one point had pulled and waved a gun in the direction of his father. On one of my visits to The Shoals, I sat in Tom Heflin's living room and tried to make sense of all the things the jury learned about Charles Sennett, who had taken his own life so quickly after his wife's murder. I mean, of all of these three potential murderers, Parker, Smith, and Senate, Senate is the only one with a documented history of violent, highly aggressive behavior. He's the one who beat his wife. To me, this is all about Charles Sennett, the whole thing.

他才是整个事件的始作俑者。他是那个富有魅力、善于蛊惑的成年人。他是掠食者。真正该站在被告席上的人是他。

He sets the whole thing in motion. He's the charismatic, persuasive adult. He's a predator. He really should be the one on trial.

而既然没有回头路，也许我们当初对他的考验还不够严厉。

And without having gone back, maybe we didn't try him hard enough.

我想，这正是警察局长在佛罗伦萨那家药店与Drive-By Truckers乐队主唱帕特森·胡德闲聊此案时，心中所虑之事。

This, I think, is what was on the police chief's mind when he gossiped about the case with Patterson Hood, lead singer at the drive by truckers at that drugstore in Florence.

我不记得他们多久后才意识到——你知道的——那个牧师已经完成了任务之类的。但很快事情就变得非常明显，那些家伙搞砸了。他们本应简单地进去杀了她，伪装成抢劫，结果却搞成这般惨状，而她当时还活着。于是牧师就做了...你知道他后来做的事。我的天啊。

I can't remember how soon they've figured out that he that, you know, the preacher had finished the job and all that. But it was, you know, it was pretty obvious pretty quick, you know, that those guys, they were fuck ups. They took what was gonna be a simple go in, you know, kill her, make it look like a robbery, and turned it into this gruesome thing, and she was still alive. And so the preacher did what, you know, he then did. And, I mean, god.

这故事在每个能想到的层面都如此骇人听闻。

It's just it's just such an awful story on every imaginable level.

正因如此，帕特森·胡德写下了关键诗篇。在知晓后续数十年将发生之事的前提下阅读约翰·帕克的庭审记录，会令人愤怒不已——尤其是在判决结果公布之后。我是马尔科姆·格拉德威尔，很高兴宣布《修正主义历史》入围SIGNAL Awards两大奖项。该奖项表彰定义文化的顶级播客节目。

Which is why Patterson Hood wrote the crucial verse. To read the John Parker trial transcript with the full knowledge of what would happen over the following decades is to get angry, especially after what happened next, the sentencing. Malcolm Gladwell here. I'm excited to share that Revisionist History is a SIGNAL Awards finalist in two categories. The SIGNAL Awards recognize the top podcasts that define culture.

我们的《乔·罗根干预》入围最佳话题引爆奖，《全速前进》入围最佳写作奖。获得提名令我们倍感振奋。即日起至10月9日，您可通过vote.signalaward.com为我们投票助力。网址是vote.signal重复两遍award.com。

Our episode, the Joe Rogan Intervention, is up for best conversation starter, and our episode, Running Hot, is up for best writing. We're thrilled to be nominated. And from now until October 9, you can help us win by voting for us. Vote at vote.signalaward.com. That's vote.signal, signal, award.com.

感谢大家的支持。

We're thankful for your support.

被隔离期间是什么感觉？

What was it like when you were sequestered?

我们在拉马达酒店这边待了八天。

We spent eight days over here in the Ramada Inn.

帕克案陪审团主席加里·海菲尔德正在与我的同事本·纳达夫·哈弗雷交谈。

Gary Highfield, foreman of the jury in the Parker trial, talking to my colleague Ben Nadaf Hafrey.

挺好的。我是说，他们管饭，还能回家拿衣服之类的，然后去那边。不过他们让我们准备一周的衣物，我们照做了，住进了酒店。总体还不错。

It was good. I mean, you know, they fed us, and, I mean, we got to go home and get clothes and all that kind of stuff and then, you know, go down there, but, they told us to prepare for clothes for a week and we got them and, you know, went to a hotel. I mean, it was all good.

你们隔离期间会一起消遣吗？

Did you guys hang out when you were?

其实他们不建议我们聚在一起。不过有一天我们确实去了游泳池。

We we really they they told us not to. You know? We just kinda we did get to go to the pool. We did go to the pool one day.

当时30岁的海菲尔德已婚，有一个孩子且妻子正怀二胎，从事保险销售。他回顾说，媒体对谋杀案的报道给辩方工作带来了很大困难。

Highfield was 30 years old at the time, married, one kid and another on the way, sold insurance. He says, looking back, that the news coverage of the killing made the job of the defense very difficult.

我认为这在某种程度上束缚了他们，因为人们对发生的事情已有定见。之前有太多信息被披露，一旦人们脑海中形成某种认知，你知道，要改变这种看法是相当困难的。

I think it kinda handcuffed them because people had an idea of what had happened. There was so much put out there beforehand and it's when you get some, when a person gets something in their mind, you know, they it's kinda hard to change.

所以当他们听到关于时间、凶器以及查尔斯·塞内特性格的所有矛盾说法时，很难将这些与他们所了解的约翰·帕克对应起来。他同意前往库恩多格墓地路，也承认曾残忍袭击伊丽莎白·参议院。多年后冷静重读庭审记录，会支持帕克本应被判谋杀罪名不成立，顶多是共谋杀人或一级伤害罪。但这是在案发一年后，人们很难保持客观。

So when they heard all of the discrepancies about the timing and the weapon and the character of Charles Sennett, it was hard for them to square that with their understanding of John Parker. He had agreed to go out to Coondog Cemetery Road. He had admitted he brutally assaulted Elizabeth Senate. A dispassionate reading of the trial transcripts today, years later, supports the idea that Parker should have been acquitted of the murder charge, just gotten something like conspiracy to commit murder or assault in the first degree. But this was a year after the crime, and it was very hard to be dispassionate.

但我的意思是，看看这种情况。如果他确实打算用那根管子杀死她。我是说，如果你蓄意做某事，可能最终不是你直接导致死亡，但把人折磨到那种程度...老天，太可怕了。即使你不是致命的那一击，但证据表明你对这位女士实施了所有暴行。

But, I mean, look. In that kind of situation, if you he he meant to kill her with that pipe. I mean, if you mean to do something, you may not actually be the one that committed the death, the actual death, but torturing somebody that bad was, man, it was awful, dude. If you, if you're not, even if you're not the one that taught that was the one that fatally killed her. You did, you, you mean, it was proven that you did every bit of that stuff to this lady.

要我说，她当时和死了没两样。不过算了，我也不确定。我甚至不愿多想这件事。我不知道他们中谁杀了她，真的不知道。但我觉得两人都得到了法律和道德上应得的惩罚。

I mean, she might as well have been dead, but anyway, I don't know. It's just I mean, I I don't even like to think about it too much. I don't know which one of them killed her. I really don't. But I think both of them got what they probably deserved, lee legally and morally.

陪审团判定帕克谋杀罪成立。于是帕克的律师汤姆·赫夫林输了这一局。但检方要求判处死刑时，陪审团犹豫了。赫夫林将当事人描绘成深陷困境的迷茫青年的形象产生了影响，最终陪审团以10比2的压倒性票数支持终身监禁不得假释。

They found Parker guilty of murder. So Parker's attorney, Tom Heflin, lost that round. But the prosecution was asking for the death penalty, and here, the jury hesitated. The picture that Heflin had painted of his client as a mixed up kid in over his head had left an impression. So the jury voted overwhelmingly 10 to two for life without parole.

陪审团认为帕克罪不至死。

The jury didn't think Parker deserved to die.

我觉得部分陪审员只是不愿余生都背负着将某人送上死刑台的良心谴责。

I just don't think some of these people that were on the jury, they didn't want that to be on their conscience the rest of their life putting somebody into the death penalty.

此刻，连锁反应本可以停止。对吧？作为一种独特的灾难类型，连锁反应需要多个环节依次发生。还记得第一集里的谚语吗——需要钉子、马蹄铁、战马、骑手、情报，最终才会危及王国。如果其中任一环节中断，比如骑手丢了马但迅速找到另一匹，王国就安然无恙。

At this point, the cascade could have stopped. Right? A cascade is unique as a category of catastrophe because it requires multiple stages in sequence. Remember our proverb from episode one, you need the nail, the shoe, the horse, the rider, the message, and the battle for the kingdom to be imperiled. And if any of those stages fall out along the way, if the rider loses his horse but quickly finds another, the kingdom is fine.

帕克被判无期徒刑本可为整个事件画上句号，因为这意味着肯尼·史密斯届时也几乎必定会获判无期。从任何角度来看，案件都将尘埃落定，正义得到伸张。骑手换上了新马，王国依旧太平。

A life sentence for Parker brings the whole saga to a close because it means that Kenny Smith would almost certainly get a life sentence as well when his time came. And for all intents and purposes, the case would be closed. Justice would be served. The rider found another horse. The kingdom is just fine.

但事实并非如此。为什么？因为这里是阿拉巴马州。要理解后续发展，我们需要先了解一项冷僻的法律原则——法官否决权。这项制度诞生于1970年代中期，是对最高法院要求各州更严谨适用死刑的回应。

Except that's not what happens. Why? Because this is Alabama. To understand what happens next requires a brief digression into an obscure legal doctrine known as judicial override. Judicial override arose in the mid nineteen seventies in response to the Supreme Court's insistence that states be more rigorous in the way they use the death penalty.

最高法院需要标准和规则。于是他们将死刑案件分为两个阶段：首先由陪审团裁定被告是否有罪，随后要求陪审团承担普通刑事案件中没有的职责——决定量刑。阿拉巴马州的应对方案是通过法律将最终决定权交给法官。

The court wanted standards, rules. So the court divided capital cases into two stages. First, a jury was required to rule on the defendant's guilt. Then the Supreme Court said it wanted juries to do something they don't do in normal criminal cases, decide on the appropriate sentence. Alabama's response was to pass a law giving the final word to the judge.

如果法官想要推翻陪审团的裁决——比如将不得假释的终身监禁改为死刑，他们有权这么做。佛罗里达等少数州也有类似法律，但规定法官必须'高度重视'陪审团决定。而在阿拉巴马州，法官可以为所欲为。此后四十年间，法官们确实这么做了。

And if the judge wanted to override the jury's decision to turn, say, life without parole into the death penalty, they could. A handful of states did something similar, like Florida. But in Florida, the law said that the judge had to give, quote, great weight to the jury's decision. In Alabama, a judge could do whatever they wanted. And over the next forty years, judges did just that.

阿拉巴马州适用否决权超百次，几乎都是允许法官处决陪审团想要赦免的犯人。法官们在这个过程中发表过各种荒谬言论，比如有陪审团因凶手智力障碍从轻发落，法官却推翻裁决并声称'社会学研究表明吉普赛人会故意在标准智商测试中得低分'。帕克案中，陪审团第一阶段裁定有罪，量刑阶段建议不得假释的终身监禁而非死刑。随后发生了什么？法庭墙上挂着肖像的英卡·约翰逊法官推翻了陪审团建议，判处帕克死刑。

The override was used over a 100 times in Alabama, almost always to allow a judge to execute someone whose life the jury wanted to save, with judges saying all kinds of crazy things along the way, like the time an Alabama jury went easy on a murderer because he was mentally disabled, and the judge overrode them because, and I'm quoting, The sociological literature suggests gypsies intentionally test low on standard IQ tests. So in the Parker trial, the jury rules in the first stage that he's guilty. And in the sentencing stage, they say, no death penalty, life without parole. And what happens next? The judge, Inca Johnson, the one with the portrait on the wall in the courtroom, overrides the jury recommendation and sentences Parker to death.

赫夫林对此并不意外。当你听到她的否决决定时，你的反应是早有预料。

Heflin was not exactly surprised. When you heard her override decision, your reaction was you saw it coming.

早预料到了。

Saw it coming.

是啊。你觉得她当时

Yeah. Do you did she

我认为她...我觉得现在她总体上是个公正的裁判者。我...我不认为...我觉得她听取了意见。我想她...你知道，我不是说她完全预判了结果，但我觉得她...就是...她

I think she I think now she's generally a good judge. I I don't I think she listened. I think she you know, I'm not saying she had totally prejudged it, but I think she you know, it She

在量刑决定中，她并没有真正给出具体理由说明为何推翻陪审团的建议。

doesn't give in her sentencing decision, she doesn't really give specific reasons as to why she's overriding the jury's recommendation.

在阿拉巴马州，法律并不要求这样做。

In Alabama, you're not required to.

整件事当然毫无道理。如果最高法院希望各州减少死刑适用的任意性，那么把权力交给法官让他们凭各种随机理由为所欲为，怎么能解决问题。陪审团主席加里·海菲尔德至今对此仍感到愤怒。

The whole thing makes no sense, of course. If the Supreme Court wanted the states to make the application of the death penalty less arbitrary, how does just handing over power to judges to do whatever they want for whatever random reason fix the problem. Gary Highfield, the jury foreman, is still angry about it.

既然她有权推翻我的决定、我们的决定，那我有什么理由花一个多星期时间坐在陪审团里听审？真的。我觉得自己根本没有必要在场。这就是我的不满所在，整件事里我唯一的问题就在这儿。我...我的意思是，我觉得在陪审团耗费那么多时间完全是白费功夫，而她有权全盘否定。

What reason did I have to spend a week, over a week, in a jury listening to this when she has the right to overturn my decision, our decision. Yeah. I mean, I felt like it was no reason for me to even be there. That's the problem I have with, that's the only problem I have with the whole thing. I don't I I mean, I just felt I felt useless spending all that time on a jury, and then she has the right to come back.

我是说，如果法官可以推翻陪审团的决定，那设立陪审团还有什么意义？

I mean, there's no sense in even having a jury if you if you're going to be able to overturn the jury, if a judge can overturn the jury.

帕克被送往阿拉巴马州贝塞默市唐纳森监狱的死囚区，就在伯明翰郊外。那是1989年。他的律师通过不断上诉让他活了下来。十三年过去了，他还活着，并通过最高法院的一起新案件获得了最后的机会。

Parker gets sent to death row at Donaldson Prison in Bessemer, Alabama, just outside of Birmingham. This is 1989. His lawyers keep him alive, filing appeal after appeal. Thirteen years pass. He's still alive, and he gets one final chance by way of a new Supreme Court case.

在'林诉亚利桑那州案'中，最高法院废除了亚利桑那州允许法官在死刑案件中独立于陪审团作出量刑决定的惯例。法院认为这违反了第六修正案——如果你忘了的话，修正案规定：在所有刑事起诉中，被告应享有由公正陪审团迅速公开审判的权利。当你的生命危在旦夕时，你的命运不应取决于被指派法官的个人意志。只有陪审团才有权决定生死，这一保障明确写在宪法中。

In Ring v. Arizona, the court throws out Arizona's practice of allowing judges to make sentencing decisions independently of the jury in death penalty cases. They said it violates the Sixth Amendment, which reads, in case you've forgotten, in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury. If your life is at stake, then what happens to you shouldn't be left up to the whims of whatever judge you were assigned. Only a jury should be allowed to make the call of life or death, and that protection is right there in the Constitution.

作为回应，印第安纳州废除了其法律中的推翻条款。所有因法官推翻判决而进入死囚区的印第安纳州囚犯都恢复了原来的无期徒刑判决。所有人的目光都转向阿拉巴马州。他们肯定得跟进吧？约翰·帕克要活下来了。

In response, Indiana, which had an override statute on its books, shuts it down. Everyone on death row in Indiana who was there because of a judge's override gets their original life sentence back. All eyes turn to Alabama. Surely they have to follow suit, right? John Parker's going to live.

当我听说这事已成定局时，我说约翰要离开死囚区了，我就是这种感觉。

When I heard that it was done, I said, John's off my feeling was John was off death row.

那是2002年。此后八年里，帕克每天早晨醒来都等待着阿拉巴马州承认将他送入死囚区的法律违宪的事实。他等啊等。你知道阿拉巴马州最终何时废除司法推翻权吗？2017年——对帕克来说已经太迟了。

This was 2,002. For the next eight years, Parker got up every morning waiting for the state of Alabama to acknowledge the fact that the law that put him on death row was unconstitutional. He waits and waits. Do you know when Alabama finally got around to abolishing judicial override? 2017, when it was too late to make any difference for Parker.

事实上，阿拉巴马州花了四十一年才醒悟过来。即便如此，他们还是忍不住耍花招。声称这项逆转仅适用于未来案件。任何在过去四十二年间因法官推翻判决而进入死囚区的人仍将留在死囚区。在内战前的岁月里，南方奴隶主有个说法来形容他们占有劳动力的行为。

In fact, it took Alabama forty one years to come to their senses. And even then, they couldn't help themselves. They say this reversal only applies to future cases. Anyone who's already on death row because of a judge's override in the previous forty two years stays on death row. In the years before the civil war, there was a phrase southern slave owners would use to describe their practice of owning their workforce.

他们称之为他们的特殊制度，一种委婉说法，用以粉饰其地域行事方式的差异。司法否决权，我认为，是阿拉巴马州另一项特殊性的绝佳例证。若您对这种特殊性的运作机制感到好奇，我建议您查阅2024年4月17日在蒙哥马利市阿拉巴马州议会听证室进行的讨论记录。

They called it their peculiar institution, a euphemism, a nice way of saying that things were done a little differently in their part of the world. Judicial override is, I think, a very good example of another Alabama peculiarity. And if you are at all curious about how this particular peculiarity works, I would direct you to the discussion that took place on 04/17/2024 in a hearing room at the Alabama State Capitol in Montgomery.

女士们先生们，我谨代表众议院司法委员会欢迎各位的到来。很高兴今天能与在座诸位共聚一堂。谢谢主席先生。好的。英格兰先生，您想谈谈第27号法案？

Ladies and gentlemen, I wanna welcome you to the House Judiciary Committee. We're glad to have each and every one of you here with us today. Thank you, mister chairman. Alright. Mister England, you want to talk about '27?

当然。

Absolutely.

英格兰议员全名克里斯·英格兰，这位阿拉巴马州罕见的民主党人代表塔斯卡卢萨市。他是2017年废除司法否决权立法的联合提案人。如今他拟对该法律提出修正案，即众议院第27号法案。

Representative England is Chris England, that rarest of species in Alabama, a Democrat, represents Tuscaloosa. He was the cosponsor of the legislation back in 2017 that ended judicial override. Now he wants to make an amendment to that law. House bill 27.

该法案旨在使修正条款具有追溯效力，据我所知，这将使当前因司法否决权而被判死刑的33名囚犯获得重审量刑的机会。

What this bill does or seeks to do is to, make that application retroactive so that, I believe, 33 individuals that are currently sitting on death row as a result of override could be resettenced.

英格兰议员表示：我们最终都认同司法否决权侵犯了死刑案件中陪审团审判的宪法权利。因此我们应该溯及既往，为所有仅因我们耗费四十年才意识到1975年重大错误而被判死刑的囚犯，恢复陪审团的原始裁决。

Representative England says, we've all finally agreed that judicial override violates the constitutional right to a jury trial in death Bentley cases. So we should go back and restore the jury's decision in the case of all those people who are only on death row because it took us forty years to realize that back in 1975, we made a big mistake.

英格兰先生，我理解您的立场，也明白现今受审者将适用不同的法律体系，这点我认同。但法律修订前受审的个体，当时适用的法律允许司法否决权，这些法官正是基于当时有效的法律行使了裁量权。

Mr. England, I hear what you're saying, and I understand that an individual tried today would be would be subject to a different set of laws, and I've got you. But the individuals that were tried prior to the time we changed the law were subject to those laws that were in effect at that time, and the law that was in effect at that time allowed judicial override, and these judges, in their discretion, overrode.

接着是这段无价之谈。

Then comes this priceless bit of nonsense.

因此，我很难去质疑或实质上推翻法官已经推翻的决定。

Consequently, it's very difficult for me to second guess or, in effect, override that which the judge overwrote.

说到这，委员会上下纷纷点头。这就是阿拉巴马州的独特之处。我有南方朋友会正确地对北方人总是提起奴隶制或因为人们开着挂有邦联旗帜的车而激动不已感到愤怒。但得了吧，这并非偶然现象。

At this, there are lots of nods up and down the committee. This is the Alabama peculiarity. I have southern friends who get mad correctly at the way northerners always bring up slavery or get all worked up because people drive around with confederate flags. But come on. This isn't a random thing.

这是一种特质。在阿拉巴马这类地方的心理中，确实、确实、确实存在着不愿直面历史道德失败后果的东西。

This is a characteristic. There is something in the psyche of places like Alabama that really, really, really doesn't want to address the consequences of past moral failures.

好的。是否有动议给予该法案赞成报告？谢谢。有人附议。好的。

Alright. Is there is there a motion to give this bill a favorable report? Thank you. And a second. Okay.

我想我们已经讨论得够多了。你要求唱名表决。请开始吧，布兰迪。

We I think we've had plenty of discussion. You asked for a roll call. Go ahead, Brandy.

或许你已猜到结局——他们投票否决了。不会有什么推翻的推翻。在我看来非常清楚，约翰·福雷斯特·帕克没有杀害伊丽莎白·森特。当她遭受致命刺伤时，他正在佛罗伦萨的家中。

Maybe you see where this is going. They vote it down. There will be no overriding of the override. It seems really clear to me that John Forrest Parker didn't kill Elizabeth Senate. He was back home in Florence when she received the stab wounds that killed her.

他本不该被判谋杀罪，但他确实被判了。如果非判不可，他至少应该接受陪审团裁决的无期徒刑不得假释。但他没有。一旦上了死囚区，阿拉巴马州早该废除这种剥夺公正结果的做法。但他们拖了四十多年才行动，即便如此，仍无法推翻之前的裁决。

He should never have been convicted of murder, but he was. And if he was going to be convicted, he should have served out the sentence given to him by a jury of his peers, life without parole. But he didn't. And once he was on death row, Alabama should have ended the practice that robbed him of a just result. But they didn't get around to it for over forty years, and even then, they couldn't bring themselves to override the override.

约翰·福雷斯特·帕克从未有过机会。下期《阿拉巴马谋杀案》继续讲述。

John Forrest Parker never stood a chance. Next time on the Alabama Murders.

注射死刑实际是通过灼烧肺部致人死亡。你最后能感知的可能是内脏着火，垂死时血液充满肺部。这样描述会太直白吗？

Injection actually kills you. It kills you by burning your lungs up. So the last thing that, you know, you may know is that you're on fire from the inside, and the blood is filling up your lungs as you die. Is this too graphic?

听着。如果你回来这里开始参与，这些人要求你跟他们走到底，你必须心甘情愿。我问走到底是什么意思？他说就是处决时若要求你陪同，你不能退缩。若做不到，干脆别来。

Look. If you come back here and you start coming and these guys ask you to go all the way with them, you gotta be willing to go. And I said, what's all the way? And he said, you know, if they're executions and if they ask you to be with them, you need you can't you need to be willing to go. And if you're not, just don't come.

《修正历史》由本·纳达夫·哈夫雷、露西·沙利文和妮娜·伯德·劳伦斯制作。本·纳达夫·哈夫雷与李·赫奇佩斯补充报道。编辑卡伦·沙库尔吉，事实核查凯特·弗比。执行制作人雅各布·史密斯，工程由妮娜·伯德·劳伦斯负责。

Revisionist History is produced by Ben Nadaf Hafrey, Lucy Sullivan, and Nina Bird Lawrence. Additional reporting by Ben Nadaf Hafrey and Lee Hedgespeth. Our editor is Karen Shakurgi, Fact checking by Kate Furby. Our executive producer is Jacob Smith. Engineering by Nina Bird Lawrence.

制作支持来自卢·克莱门特。原创配乐路易斯·格拉与保罗·布雷纳德、吉米·鲍德合作。音效设计与附加音乐由杰克·戈尔斯基完成。我是马尔科姆·格拉德威尔。这里是马尔科姆·格拉德威尔。

Production support from Lou Clement. Original scoring by Luis Guerra with Paul Brainard and Jimmy Baud. Sound design and additional music by Jake Gorski. I'm Malcolm Gladwell. Malcolm Gladwell here.

很高兴告诉大家，《修正历史》入围SIGNAL Awards两个奖项。该奖项表彰定义文化的顶级播客。我们的《乔·罗根干预》入围最佳话题引爆奖，《急速狂奔》入围最佳写作奖。获得提名令我们振奋。即日起至10月9日，您可以通过投票助力我们获奖。

I'm excited to share that Revisionist History is a SIGNAL Awards finalist in two categories. The SIGNAL Awards recognize the top podcasts that define culture. Our episode, the Joe Rogan Intervention, is up for best conversation starter, and our episode, Running Hot, is up for best writing. We're thrilled to be nominated. And from now until October 9, you can help us win by voting for us.

请前往vote.signalaward.com投票。网址是vote.signal，signal,award.com。感谢您的支持。

Vote at vote.signalaward.com. That's vote.signal, signal,award.com. We're thankful for your support.

这里是iHeart播客。

This is an iHeart podcast.