EMOTIONAL LIFE RAFT FOR DONNIE
MYERSSolicitor finds solace in
courtDedication to job helps longtime
prosecutor cope with deaths of son and wifeBy ADAM BEAMabeam@thestate.com
For 30 years, Donnie Myers has built a reputation as Lexington
County’s tobacco-chewing, take-no-prisoners prosecutor.
He has stared down serial killers on the witness stand and
carried the nickname “Dr. Death” because of the 26 people he has put
on Death Row since 1977.
But not even Myers can stand the scrutiny of an empty house.
Every night he must return to 265 Mooring Lane and face the
memories of finding his son and wife dead there, three years
apart.
Myers performed CPR on his 29-year-old son, Chris, on Valentine’s
Day 2003. He couldn’t save him.
In April, on his 61st birthday, Myers found his wife, Vance,
collapsed on the bathroom floor after a night of shag dancing.
Myers’ wounds heal in the courtroom. It’s where the longest-
serving solicitor in state history feels most at home.
The 11th Circuit solicitor’s post used to be a job for Myers,
something he had planned to retire from in 2003. But it has become a
life raft.
“This is about all I’ve got,” Myers said. “If I had to go home
(and be) by myself, I would shoot my damn self.”
‘TOTALLY INSEPARABLE’
Myers’ son, Donald Christian “Chris” Myers, was born in 1974
after doctors told Vance Myers she wouldn’t have children. When
Chris was 9, the Myerses found out he had mucopolysaccharidoses, a
genetic condition that causes cell damage.
Over time, the disease affects appearance, physical abilities,
organ function and mental development.
Most children with Chris’ illness die before they reach
adulthood, sometimes before their 10th birthday. But Chris was
strong.
He followed Myers around the 11th Circuit’s four counties. Before
computers, state law required jurors’ names be drawn out of a bin by
a blind person or a child. Chris took the job and loved it.
“Totally inseparable,” said Richard Breibart, a Lexington defense
attorney and longtime friend of Myers, in describing the
relationship between father and son. “(Donnie) used to wash his hair
every morning.”
After graduation, Chris Myers went to USC, where his parents made
him live on campus. He graduated and went to work for state
government, living at home.
“He was a wonderful kid,” Myers said. “Independent, opinionated,
smart. He was my best friend.”
On Valentine’s Day 2003, Myers found his son in his room
struggling to breathe.
Myers took his son’s death hard.
“It gives me chills talking about Donnie’s devotion and loyalty
and friendship to (his son),” said attorney Leigh Leventis, a friend
of the Myers family. “It took Donnie getting back in the courtroom
to help him to recover.”
IN THE COURTROOM
Seven months after his son’s death, Myers’ office was preparing
to prosecute Robert Northcutt, who had confessed to killing his
4-month-old daughter because she wouldn’t stop crying.
For Myers, the case was an emotional land mine — and he went all
out to win it.
“After Chris died, I had a hard time, a hell of a hard time,”
Myers said. “I couldn’t do anything for Chris, but I could do
something for Brianna, the little girl that was killed.
“So I did.”
Myers snubbed the defense attorney by reading the sports section
of The State newspaper when the attorney questioned witnesses. Myers
bent a doll’s back over a crib’s rail to show jurors how Northcutt
broke his daughter’s back.
In his closing argument, he covered the crib with a black cloth
and wheeled it past the jury box like a funeral procession. In the
crib was a sheet that belonged to his son.
“He was always with me,” Myers said, fighting back tears. “That
was a way of keeping him close to me.”
Myers cried at least 16 times during his closing argument,
according to an appeal of the case filed with the state Supreme
Court.
Northcutt’s lawyer, David Bruck, said Myers was out of control.
Bruck objected 20 times during Myers’ argument, including when Myers
said a life sentence would “declare open season on babies in
Lexington County.”
Myers’ closing argument is the basis for the appeal.
The crib stunt is just one in a long list of Myers’ courtroom
theatrics. His arguments are part exposition, part theater.
“He’s the last of the old school, chew-up-the-witness-box
prosecutors,” said Joe Savitz, who has argued against Myers for 25
years as the chief lawyer for the state Office of Appellate
Defense.
For Joseph Ard, who was convicted in 1996 of killing a fetus,
Myers introduced into evidence pictures of the fetus dressed for a
funeral.
For Johnny Brewer, a man who represented himself in 1999 and won
a life sentence, Myers drew pictures of Brewer being executed and
left them on his table to try to fluster him.
“Donnie did some arguments that were really, really over the
top,” Savitz said. “And the judges would let him do that.”
DR. DEATH
Myers saves most of his theatrics for the capital cases, because
those normally are the only cases he tries.
He has a strict system that involves months of preparation by his
staff. About two weeks before the trial, Myers swoops in and puts it
all together.
At trial, his system works:
• Myers has put 26 people on Death
Row since 1977.
• Because of reversals and
retrials, Myers has prosecuted 40 death penalty trials in his
career.
• Of those cases, Myers has gotten
the death sentence 34 times.
But on appeal, his system has flaws. Myers’ critics say he has
little to show for his trial prowess.
Since 1977:
• Myers’ convictions have been
reversed 21 times by higher courts, four of them for improper
closing arguments.
• The reversals mean Myers has a
backlog of nine pending death penalty cases, the most of any
circuit. The circuit also has been criticized for an overall backlog
of criminal cases.
• Myers’ time spent on death
penalty cases has been a drain on court resources, critics say.
“He’s so competitive and so driven to win at all costs that he
frequently crosses the line,” said John Blume, a Cornell University
law professor and attorney who has argued and won against Myers in a
death penalty case.
Myers says most of his reversals happen when the Supreme Court
changes the rules after he has tried a case.
“They change the law all the time, and when you don’t know what
the law is and when you don’t have any precedent, you just have to
go forward, make up your mind and do something,” he said.
Myers is annoyed with his “Dr. Death” reputation and said he
hates prosecuting death penalty cases. But he does it, he said,
because it’s the right thing to do.
When the General Assembly reinstated the death penalty in 1976,
Myers was the first solicitor in the state to seek it.
He had been solicitor for less than a year when he sought the
death penalty against Larry Gilbert and J.D. Gleaton, half-brothers
who robbed and killed Ralph Stoudamire, the owner of a South
Congaree gas station.
Gilbert and Gleaton were sentenced by a jury to death. Both
sentences were reversed — twice. They were executed in 1998.
Myers didn’t attend their executions. Of the four people put to
death from his circuit, he has attended only one execution — that of
Larry Gene Bell.
Bell abducted and killed 9-year-old Debra May Helmick and
17-year-old Shari Faye Smith in the summer of 1985.
Bell called Smith’s family members to tell them how Smith died.
He allowed Smith to write out a will. He mailed it to her family
after he wrapped Smith’s head in duct tape, suffocating her.
“This is one that I carried a picture of the defendant in my
wallet up until the date of execution,” Myers said.
Bell was executed in 1996, and Myers’ close friends said he was
there.
Myers just smiles, not owning up to anything.
“They might be right,” he said.
EMBARRASSED
By his own admission, Myers likes to drink and loves to
party.
His drinking got him in trouble in 2005 when he was arrested for
driving under the influence while attending a conference in
Asheville, N.C.
He said his wife woke him up about 2 a.m. because she was in pain
from her Crohn’s disease. He had to go out to get her something to
eat.
Myers said he had a few drinks that night, but doesn’t remember
how many. Officers found an open beer in his county-owned car, but
Myers said it wasn’t his and he didn’t know who put it there.
Myers eventually pleaded guilty and was sentenced to one year’s
probation. The conviction embarrassed him.
“I felt like I did the right thing,” he said about pleading
guilty.
His conviction came after he was reprimanded by the state Supreme
Court for mishandling the death penalty case of B.J.
Quattlebaum.
In that case, Myers’ No. 2 solicitor, Fran Humphries, listened in
on a conversation between Quattlebaum and his attorney; Myers’
office didn’t disclose that to the court. That led to a criminal
investigation and federal perjury trial.
Myers was investigated for ethical violations and faced losing
his law license.
In 2003, he received a private reprimand and a letter of caution.
He called it a “victory” because it didn’t convict him of
misconduct.
“I disagreed on how it was handled and the results,” Myers said.
“But I can’t do anything about that. It’s just something you face,
like trying cases.”
VANCE’S INFLUENCE
Myers met Vance Padgett at a dance while Myers was a defensive
back on the USC football team. They married in 1967.
Myers said Vance made him go to law school so he could work with
her father, a wealthy Gaffney attorney. He ended up working for
state Attorney General Dan McCloud, and his first case was before
the 4th Circuit Court of Appeals in Richmond, Va.
It was a big step for a boy from Reesville, a small community on
I-95 across from St. George.
After leaving the attorney general’s office, Myers decided to run
for the State House in 1976.
But in June of that year, 11th Circuit Solicitor Phil Wingard
went home to eat lunch during a trial and never came back. He died
of a brain aneurysm.
Myers was familiar with the 11th Circuit’s four counties from his
days in the attorney general’s office and thought it was a better
move. He dropped out of the House race to run for solicitor.
Myers campaigned in Saluda, Edgefield and McCormick counties in a
dirty blue Dodge truck with sideboards on the cab that read “Myers
for solicitor” in red letters. Vance handled the Lexington County
campaign.
He won — and hasn’t had a challenger since.
In Myers’ 30 years as solicitor, Vance influenced many of his
decisions. She had a law degree and did some law work on the side,
but mostly she supported her husband.
He consulted her on every closing argument for every death
penalty case.
She was a big part of the nicknames Myers likes to give to
defendants, such as Johnny Bennett, a 6-foot-8, 300-pound man who
did one-handed pushups during breaks in his trial. Bennett was
convicted of stabbing a 5-foot-7, 140-pound man 70 times with a
screwdriver.
Myers’ wife was reading a book at the time about someone having a
bad day. So she suggested: “It was like running into King Kong on a
bad day.”
Myers and his wife gave generously to charities, including a
$10,000 check to the Central Midlands Council of the American
Diabetes Association, the largest single donation to that charity
from an individual, council chairman Hobart Trotter said.
Myers’ father-in-law died from complications of diabetes. His
brother, Leon, had to have his foot amputated because of the
disease.
Since Vance Myers’ death, Myers has continued to give to the
charity, including another $10,000 check this year. He said it’s
what his wife would have wanted.
COURTROOM THERAPY
Myers has thrown himself into his work. He still does the capital
cases, but he also is trying some smaller cases, like a breach of
trust case he plans to prosecute later this year.
His friends strive to keep him occupied. He goes fishing,
sometimes three times a week. He even went to Venezuela last month
to fish for blue marlin.
He went to Gainesville, Fla., Nov. 11 for the USC-Florida
football game. A prosecutor in his office knows a music producer,
and Myers went with them to Nashville Nov. 6 for the Country Music
Association Awards.
“We all worry about his emotional well-being,” Leventis said.
Tuesday night, at a dinner honoring Myers’ 30 years in office,
Myers thanked his friends and said he is “the richest man in the
world.”
He had to stop several times to blow his nose on a blue dinner
napkin while the hundreds of people attending gave him a standing
ovation.
But the courtroom keeps him going.
It’s where he went after his son’s death to prosecute Northcutt.
It’s where he went two weeks after his wife’s death to prosecute
Kevin Mercer, a Columbia man sentenced to death for killing an Army
sergeant stationed at Fort Jackson.
He is never truly at home until he spits out his Red Man chewing
tobacco, stands before the judge and puts on his game face for
trial.
For Myers, there’s no better therapy.
Reach Beam at (803)
771-8405. |