Death Row

Werner Herzog

USA, United Kingdom, Austria 2012.

After his feature documentary Into the Abyss, about the murder of Sandra Stotler, her husband Adam, and their friend Jeremy Richardson, and the capital punishment the perpetrators were sentenced to – German filmmaker Werner Herzog presents four separate portraits of individuals sentenced to death in the United States. Contrary to other “death row docs” in which filmmakers try to elicit sympathy or understanding for inmates or take up the cause of the wrongfully convicted, Herzog reconstructs the tragic events by  confronting the inmates.1

Herzog has a characteristic way of presenting himself in his films.  In his 2005 Grizzly Man, Herzog, on screen, listens via headphones to the audio (the cap was still on the lens) of the videotapes that captured the Grizzly attack on Treadwell and his girlfriend Huguenard. He advises Jewel Palovak, ex partner of Treadwell, not to do the same, as it is supposedly quite gruesome. We as viewers also have to do without it. In this scene Herzog explicitly positions himself as interlocutor, mediating between the profilmic and the audience.

 In Death Row, Herzog is visually as good as absent, but orally he is very present, as interlocutor, but also as prosecutor, judge, and outsider. His role as interlocutor between the story and its protagonists and the viewer, surfaces when he tells one of the interviewees, Hank Skinner, that although he disagrees with the sentence, the film will not be an instrument in proving Skinner’s innocence. Skinner’s response: “Oh I know, he already told me”, pointing to someone next to the camera. At the end of the episode, over a desolate landscape, Herzog relates to the viewer: “Inspired by Hank Skinner, we took this trip for ourselves … everything out there all of a sudden looked magnificent, as if entering the holy land. Hank Skinner’s holy land.” In the first instance, the production of the film and the information about the intentions of its maker come to light – conveyed for the viewer this time rather than for the participant. In the second, Herzog mediates – not just visually but also orally –  the account of a landscape now inaccessible for Skinner but also for the viewer.

Herzog’s Encounter with Death Row
Herzog’s role as prosecutor comes to the fore when he confronts the inmates and implicitly asks them to recount the events they were part of and to account for their actions. When Joseph Garcia ended up at a certain Jocelyn’s, he and the girl immediately liked each other. When he and Jocelyn’s friend left, Herzog pushes: “But you wanted to stay, to return and to stay” eliciting the continuation and details of the story and the events. Another inmate, George Rivas, planned and led an escape in which Garcia also took part. Herzog: “It was a highly intelligent plan, executed with military precision. …you tricked the guard towers and everyone into just letting you drive out”. Discussing Rivas’ claim that he was shot by a policeman, Herzog comments in voice-over: “Forensic evidence tells a different story” – thus taking the material as evidence and presenting Rivas with an alternative view, his view.

Barnes landed in prison after murdering a young woman. Herzog interrupts him: “It’s very fascinating for me because you refuse to speak about it. Apparently you had one or two, uhm, several encounters with your victim, with Patricia Miller whom you killed. You never talked about it and refuse to talk about it, but apparently you were humiliated or repudiated by her. I do now know. Uhm…” Herzog again and again displays his knowledge of the details of the cases while here claiming ignorance. The silence that follows can only be an invitation to Barnes to speak, an invocation to fill in the gaps.

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