The Exonerated: a timely reflection on “justice”

Recent U.S. elections weren’t just an anti-climactic nail-biter between Obama and Romney. The state of California voted against Proposition 34 to end capital punishment — turns out 53% were in favor of keeping the status quo. In fact, only 17 U.S. states have banned the death penalty outright. With these facts in mind, Third Eye […]

Recent U.S. elections weren’t just an anti-climactic nail-biter between Obama and Romney. The state of California voted against Proposition 34 to end capital punishment — turns out 53% were in favor of keeping the status quo. In fact, only 17 U.S. states have banned the death penalty outright. With these facts in mind, Third Eye Ensemble’s production of The Exonerated is timely. Based on real cases, the play follows five innocent men (really, six) and one woman who sat on death row and were eventually exonerated of their crimes.

The production is sparse: a row of seats, a judge’s bench. Aside from the accused who remain on stage throughout, all subsidiary characters, from wives to interrogators to inmates, are taken on by an agile ensemble of five who switch costumes and characters with a Stoppard-like virtuosity.

Primarily through monologue, the victims, both black and caucasian, recount their arrests, their interrogations, their sentencing, their time imprisoned, their moment of exoneration and finally, the consequences that followed. Each story shares only one thing in common: an abusive and overly bureaucratic law and order system that is unable to provide fair treatment to all. Officer 728, take note.

The stories are inherently moving, all the more so because they are based on real cases of wrongful conviction. Sunny Jacobs (Anne-Marie Saheb), the sole woman, writes racy love letters in Japanese to her wrongfully accused, incarcerated husband for 15 years (his execution is one of the grossest and most horrid travesties of capital punishment ever carried out). Gary Gauger (Kyle McIlhone) is so tormented by police interrogation tactics that he is coerced into telling a hypothetical version of events later used against him in court. Being black in Texas or Florida is enough of a reason to put Robert Hayes (Bineyam Girma), Delbert Tibbs (Chris Hicks) and David Keaton (Jaa Smith Johnson) behind bars.

The Third Eye Ensemble gives a fervent performance. Characters and accents are nuanced and textured, so that Keaton’s Jesus fever is tempered by Cook’s shame and bashfulness. Tibbs spouts poetic bombast, against Gauger’s quiet insistence that all is sunlight. Kudos to Dawson College’s Professional Theatre Program for laying hands on most of this gifted cast.

At times, the play is heavy-handed and uncomfortable. The subject matter is understandably difficult to watch. There are no ambiguities in the play, no villains except the unfairness of the system. Race, lack of economic opportunity and perceived sexual preference are Cain’s marks, and these echo more strongly in court than any other evidence. Every story of redemption has scars. Nothing can compensate for the loss of time and opportunity, nor for the loss of one’s humanity and dignity. Those opposed to the death penalty will find every argument for their cause given here. The bias preaches to the converted; 47% of Californians would agree.

A production like this can awaken a smug sentiment that we in Canada have got the whole incarceration thing down, that our accused and incarcerated are somehow treated more humanely. Instead, we should keep in mind that we can be as guilty as anyone of racism, sexism, homophobia or any other prejudice. Rather than being self-satisfied, we should take a production like this as a reminder to shine a light in our own house and look at our own injustices. Canada has had more than a handful of wrongful convictions, and a quick peruse of Stats Canada reminds us that Aboriginal people make up 3.3% of the population, but 18% of provincial and territorial sentenced admissions. ■

The Exonerated is on Wed-Sun through Dec. 2 at Éspace 4001 (4001 Berri), 8 p.m., $15

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