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In the Room Where Death Row Prisoners Say Final Goodbyes, He Learned He Would Live

I was supposed to witness Sonny Burton’s execution by nitrogen gas. Instead I saw him celebrate a stunning commutation.

On the day after Alabama Gov. Kay Ivey commuted his death sentence, halting his execution two days before he was supposed to die, Charles “Sonny” Burton sat in his wheelchair in a visiting room at Holman Correctional Facility in Atmore, Ala., drinking a Coke and eating a Reese’s peanut butter cup.

He could not stop smiling.

“I’m feeling wonderful,” Burton told me.

Burton, 75, wore white sneakers and a brace on his right hand, his tan quilted jacket and slacks fitting loosely over his thin frame. A tan helmet, given to him by the prison to protect from his occasional falls, sat on the table next to an array of photos taken with family earlier that day, along with a bag of quarters for the vending machines.

Burton identified the people in one of the photos for me. Several were still in the visiting room: his sister Eddie Mae Ellison, his son Charles Burton III, and his grandson Charles Burton IV. No sooner had one group of relatives left the visiting room than another showed up — a rolling family reunion.

Burton had been sitting in that same visiting room with his lawyers 24 hours earlier, on Tuesday, March 10, when his longtime paralegal Nancy Palombi got a phone call in Montgomery, 120 miles away. While the rest of the legal team was at the prison without access to their cellphones, Palombi had stayed behind to field any communications from the U.S. Supreme Court, which had just received their final filings aimed at stopping Burton’s execution.

Instead, she got a call from a reporter she knew. The reporter was screaming, “Have you heard?” The governor’s office had just sent out a press release with the subject line, “Update from Governor Kay Ivey: Charles L. Burton.” And that’s how Palombi learned that her client of 20 years would not be executed.

“I was the first member of the team to find out,” Palombi told me that morning, her voice still trembling with a mix of shock, joy, and relief.

Palombi called the prison and spoke to the warden’s secretary, who entered the visitation room with a smile on her face. She told Burton’s lead attorney, Assistant Federal Defender Matt Schulz, that he should call his paralegal right away. “And I’m like, ‘Oh my god, it happened,’” Schulz said. “But I still didn’t want to let myself believe it, because I didn’t know yet.”

Schulz rushed to his car, drove out of range from Holman’s cellphone blockers, and called Palombi. He then sped back.

Describing the scene the next day, Burton turned and pointed toward the hallway that runs along the perimeter of the visiting room. That’s where prison staff celebrated as the news spread on death row. Nurses and officers waved and gave him thumbs ups through the horizontal window slats. “Guards were saying, ‘Sonny got clemency! Sonny got clemency!’” Burton said.

A day later, everyone was still a bit shellshocked. Burton’s son, who had flown in from New York, got the news while loading up his rental car for the drive to Atmore. Burton’s sister was at the doctor’s office in Montgomery, where she saw a local news alert. She ran outside and dropped to her knees. “And then the tears just flowed,” she said.

For decades, the visiting room had been the site of agonizing goodbyes between the condemned and their loved ones in the hours before an execution. Now it was home to warm hugs and tranquil smiles, no one’s bigger than Burton’s. He invoked the famed blues harmonica player Snooky Pryor: “I’m too cool to move.”

Burton’s commutation was historic: the third time in the modern history of Alabama’s death penalty that a person facing execution had received clemency by the governor. Ivey, a staunch Republican, has presided over 25 executions since she took office in 2017. Although she commuted the sentence of Burton’s neighbor, Rocky Myers, last year due to serious doubts over his guilt, few had been optimistic that she would exercise such mercy again.

Burton would have been the ninth person executed using nitrogen gas in Alabama in just over two years. The method was adopted following complications carrying out lethal injection, a wider trend that has reshaped the landscape of executions across the country. The state’s last execution had prompted a forceful dissent from Supreme Court Justice Sonia Sotomayor, who described the psychological torture in........

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