LUCKY SEVERSON: Henry Drake has a lot to think about. He's lost his family and 12 years of his life sitting on Georgia's death row.
(to Drake): When you were on death row, you are there to be killed?
MR. HENRY DRAKE: Yes sir.
SEVERSON: Do you think about that every day?
MR. DRAKE: Every day.
SEVERSON: What do you think?
MR. DRAKE: All day long, when the door opens, you're
going to die, that's it.SEVERSON: But Henry Drake was innocent, a victim, ultimately, of what the legal profession calls "legal ethics." Twelve years on death row, even though the attorney for the man who accused him knew Henry was not guilty. The attorney was simply obeying the confidentiality rule within the code of legal ethics.
An expert on the subject, New York University Law School Vice Dean Stephen Gillers. He says if a client knows his confidentiality is protected, he'll be more inclined to tell everything, and his attorney can do a better job.
DEAN
STEPHEN GILLERS (New York University Law School): The
confidentiality rule really says to the client, look, I
am here to serve you and I am going to protect your secrets,
you can tell me whatever you want.SEVERSON: The crime Henry Drake was accused of committing occurred at this tiny Colbert, Georgia barbershop in December 1975. Here's what we know: William "Pops" Campbell dropped by for a haircut, claimed he got a bad one, and then beat the 76-year-old barber, Mr. Eberhart, to death with a claw hammer. Campbell walked away with $400 in cash. When he was caught, he told police it was his friend Henry Drake who committed the murder. Both men were charged with the murder, and both convicted.
Campbell's public defender was Pat Beall.
MR. PAT BEALL (Public Defender): My response at the time was that I had a client who was in a pickle, ... "Pops" Campbell. Henry Drake was never my client.
SEVERSON: William "Pops" Campbell and Henry Drake ended up here, in what is called, oddly enough, "The Diagnostic and Classification Prison," which also houses Georgia's death row. Inside, Campbell told Drake he had signed an affidavit at the suggestion of a visiting church minister admitting that he had lied.
SEVERSON: (with Drake, reading from Campbell's affidavit): "I was the one who killed Mr. Eberhart. Henry wasn't even there. He didn't have anything to do with it."
Attorney Pat Beall knew Henry Drake was innocent, but felt obligated to keep it secret while he pursued an appeal to get his client, William Campbell's, sentence reduced.
MR.
BEALL: I told Campbell, if you want to stay off death
row, his best bet would be to be quiet about that issue.SEVERSON (to Beall): It seems inconceivable that you could get a guilty man off and let an innocent man pay for it with his life.
MR. BEALL: I had my job. My job was to be "Pops" Campbell's attorney, to do the best that I could do for "Pops."
SEVERSON: Beall says he consulted his minister and the state bar about his dilemma. His minister was neutral.
MR. BEALL: The state bar said essentially that my highest duty was to my client.
SEVERSON: Did you sleep better after that?
MR. BEALL: Yeah, I did.
SEVERSON: Mary Wilkes was fresh out of law school when her law firm defended Henry Drake, pro bono.
MARY
WILKES (Lawyer): Pat is a very decent person and a very
fine attorney and clearly his interest was doing what he
thought was the right thing to do. At the same time, I felt
somewhat frustrated that in my mind, you've got an innocent
man, you can't stand in the way of him getting a new trial,
and how can you not even think about releasing this information?SEVERSON: For the average American who might be befuddled or outraged at the ethics of this case, consider this: what Pat Beall did was required by state court rules in nearly every American jurisdiction.
DEAN GILLERS: Today, the lawyer whose client has confessed to a murder for which an innocent person is on death row could not reveal that fact to the authorities.
SEVERSON: It wasn't until William Campbell died, permanently ending his appeals process -- it wasn't until then that Pat Beall felt he had fulfilled his attorney-client obligation and was willing to testify on Henry Drake's behalf -- to get him out of here finally.
MR. BEALL: I felt no qualms after Campbell passed away to go to trial and testify on Henry Drake's behalf as his witness.
SEVERSON: Did you feel good about it?
MR. BEALL: Just doing my job.


SEVERSON:
TV may do a good job dramatizing ethical dilemmas but usually
doesn't explain that the lawyers are simply obeying the
rules. For instance, the confidentiality rule prohibits
defense attorneys from revealing facts about a past crime.
And the rule in most states makes it very difficult for
an attorney to disclose confidential information except
in the most extreme cases, such as when criminal violence
is imminent.
PROFESSOR
WILLIAM ELWARD (Loyola University Law School -- to students):
Is there room for having a conscience in the practice of
law? Do you think there's room for this?
SEVERSON:
When Balla heard Gambro was proceeding with the sale he
protested again and was fired, told it was an employee cutback.