Colorado’s chief justice opens up about 13-year friendship with death row inmate
Chief Justice Monica M. Márquez spoke publicly on Sunday about her longtime friendship with an Alabama man formerly on death row, which began during her time as a law school intern and ended with his execution more than a decade later.
“What a connection. We could not possibly be more different. A gay, Latina, Catholic prosecutor who grew up in Grand Junction, Colorado, who is friends — good friends for 13 years — with a Black, Baptist man from an extremely poor family in rural Alabama. A convicted murderer on death row,” she said. “Somehow, we made it work and we were both richer for it.”
Márquez spoke at Regis University’s commencement ceremonies, where she received an honorary doctorate degree and addressed the graduating class of the Jesuit institution.
She discussed her family’s roots in the San Luis Valley and her own upbringing in Grand Junction. She said living in rural Colorado “has given me the strength to show up and give 110% every day, even when the work is hard and even when it’s unforgiving.”
A large portion of Márquez’s remarks addressed the theme of “proximity,” as advanced by author and public interest lawyer Bryan Stevenson. Márquez, who was an intern for Stevenson’s Montgomery, Ala.-based Equal Justice Initiative during law school, defined proximity as being “close to the people and places that experience exclusion and suffering.”
She then spoke of her experience in 1996 of being sent to the prison where Willie McNair was awaiting execution. McNair and another man had attempted to borrow money in 1990 from an elderly acquaintance, Ella Foy Riley. McNair stabbed Riley in the neck and the men fled with her purse. McNair confessed to the killing soon afterward.
Although a jury recommended life imprisonment, a judge sentenced McNair to death.
Márquez described the prison as intimidating and “definitely not Grand Junction.” She had never met a death row inmate before and was unsure what to expect.
“We started talking smack about peaches. Alabama peaches versus Colorado peaches,” she said. “Turns out, we both love the NFL. And next thing you know, it’s hours later and it’s time to go. I’ve never worked on Willie’s case or any other death row defense case after that summer, and in fact I later became an appellate prosecutor.”
After their visit, McNair wrote to Márquez and asked if they could be pen pals. She spoke to McNair’s lawyer who assured her McNair had changed for the better since his offense. The lawyer advised Márquez that if she began writing to McNair, “just don’t quit. So many people have given up on Willie in his life.”
Their correspondence lasted 13 years.
“Thirteen years is a lot of career. It’s a lot of life,” said Márquez. “Over the years, I sent postcards to him from every trip I ever took around the world.”
Then, in late 2008, McNair told Márquez he had received an execution date for May 2009. The two had “talked about this” and knew the time was coming. She wrote him to ask if McNair would like her to visit him in person again. He said yes.
“On Mother’s Day, I got on a plane and I headed out. On the flight down, I re-read all of the decisions of the courts in his case. It was important for me to remind myself why he was on death row,” Márquez said.
She recalled wondering what to say to someone who was days away from execution, and recalled the visit being difficult but memorable. She heard McNair sing a gospel song he had written for her.
After her visit on a Tuesday, Márquez spoke to McNair by phone on Wednesday. He was executed on Thursday. Days later, she received a letter from McNair, written the morning of his execution.
“It was written to me after our last phone call in the hours before dawn that Thursday. And as promised, he’d written down the words of the gospel song that he had sung for me during our visit,” Márquez said, wiping away tears. “Proximity has made me a better lawyer, a better judge. Proximity makes us better human beings. So, be open to those opportunities and lean into them even when they seem uncomfortable. They’re gifts.”
The following year, Márquez would be appointed to the Supreme Court.
In the remainder of her speech, Márquez spoke about the time she spent as a teacher and community organizer in Camden, N.J. and Philadelphia prior to law school. She recalled the culture shock from living in a poor area pervaded with drugs and gangs. Márquez said one of her fellow volunteers in the Jesuit Volunteer Corps program was shot non-fatally in the back, and every volunteer, including her, was mugged.
“I had no money, so that didn’t work out for either one of us,” she quipped.
She ended by urging graduates to be resilient.
“We’re living in a remarkable time in our country’s history right now. One that challenges all of us to find ways to lead,” Márquez said. “I know the road ahead may seem uncertain. For now, focus on today. On this beautiful morning, breathe deeply and know that there are moments in life that should be treasured forever.”