Dunn v.

Ray: Based on a True Story

By V. Bhattacharjee, J. Caporizzo, G. Davis, E. Fritschler, M. Funyas, D. Howell, S. Jaffe

Cast List
Gladys RAY played by Dina Howell
Domineque RAY played by Victor Bhattacharjee
REPORTER #1 played by Marryam Funyas
REPORTER #2 played by Evan Fritschler
INTERROGATOR #1 played by Evan Fritschler
INTERROGATOR #2 played by Marryam Funyas
Marcus OWDEN played by Joey Caporizzo
William WHATLEY played by Grayson Davis
Julianna TAYLOR played by Marryam Funyas
PROSECUTION played by extra
JUDGE played by Joey Caporizzo
JURY/FOREPERSON played by Dina Howell;
OFFICERS played by extra(s)
Europe RAY played by Samantha Jaffe
ANNOUNCER played by Victor Bhattacharjee
SPEAKERS (#1-7) played by Victor Bhattacharjee, Joey Caporizzo, Grayson Davis, Evan Fritschler,
Marryam Funyas, Dina Howell, Samantha Jaffe

ANNOUNCER: This play is based on actual events that occurred during the trial and execution of
Domineque Ray. Some characters in the program are fictional and some scenes and dialogue are
invented for creative and storyline purposes.

Scene 1
(Set in the Rays’ living room. GLADYS sits in an armchair as she listens to the news. REPORTERS speak
from offstage)
REPORTER #1 Hello, Alabama! You’re listening to WBRC. Today is Wednesday, August 16, 1995,
and I hope you like the heat. Today’s high is a sweltering 103 degrees, our highest so far this month. And
now, with breaking local news, I’ll hand it over to you Thomas.
REPORTER #2 Thank you, Julia. This is Thomas Radford reporting live just off County Road 62 in
Dallas County, Alabama. Earlier this morning the remains of 15-year-old Tiffany Harville were found--
(RAY enters the room and switches off the radio)

RAY C’mon Ma, you don’t need to be listening to that. It’s a real shame though, isn’t it? I’ll visit Mrs.
Coleman soon to offer our condolences.

(RAY exits. GLADYS steps forward, separate from the living room)

Scene 2

(GLADYS enters a monologue, speaking shakily and wringing her hands in an obvious tell of her anxiety.
She has a reflective tone, with a sense of detachment.)

GLADYS In three years that day would come back to haunt me. I never forgots her name, Tiffany
Harville, 15 years old. He was a sweet boy, Domineque. Brotha Europe was too. Never even got a chance
at the life he deserved. I gave birth to him when I was 19. His father, Earl, hated that day with all the hate
a man can hold in his body. Earl tried to strangle me when I was pregnant with Ray. I divorced him when
Domineque was 8 or 9, I-I can’t really remember. I moved us up t’ Chicago and found us an old empty
building to sleep in. I don’t think the boys minded you know? You get used to the bugs and vermin when
you’re livin’ among em. I guess- well I guess one night I just forgot to come back cos’ when I did they
was gone. Earl took em in, with his common-law wife to be their new mommy. Ain’t nobody sayin I was
a good momma but I tried to do the best I could with my boys. But with Earl...my boys was locked in the
dark, and they was force-fed piss, and they was abused not just physically but sexually too. And when
Earl and his new fam’ly was done with em they dropped my boys back with me so I could take care of
em. I didn’ do that though- I jus’ let them figure it out for themselves. Ain’t nobody sayin I was a good
momma. When I gots up to testify in court I didn’ tell them all that. They didn’ really ask. I told them all
about Earl and him beatin’ Domineque’s ass but that’s about it. He woulda been nineteen when that girl
died. Same age as I was when I gave birth to him. Both of us was young and stupid at nineteen but my
Domineque was a sweet boy. I was just the only one to believe that.

Scene 3

(Two interrogation rooms sit side by side, divided by an invisible wall. OWDEN and RAY are each being
asked the same questions)

INTERROGATOR #1 Were you and Ray alone with Harville on that night?

OWDEN Yes, we was alone, just me and Ray and her.

INTERROGATOR #2 And why were you with Tiffany that night?

RAY We were just looking for a fun night out, she chose to come with us.

OWDEN Ray and I, we was tryna start a gang y’know? We killed the Mabins boys a couple months ago,
and we was plannin’ on raping that Tiff’ny girl all along.

INTERROGATOR #1 And when you got to the field you both raped her?

OWDEN I got her first. She was tryna tell me no, but I got her anyway.

RAY I never raped her. I pretended to and then left her alone. Marcus was the one who kept doing it.

INTERROGATOR #2 Which one of you produced the weapon?

RAY He did. She threatened to tell her mom he raped her and he pulled out his knife and started stabbing
her.

OWDEN He did. He took it out and he cut her first. He slashed her throat and kept stabbing her.

INTERROGATOR #2 And then you stole from her? What did you steal?

RAY We didn’t steal nothing.

OWDEN Oh, yeah. Ray stole her cash and took that bitch’s underwear.

Scene 4

(The rooms have merged into a courtroom. OWDEN, GLADYS, RAY, WHATLEY, TAYLOR,
PROSECUTION, JUDGE, and JURY are present. EUROPE watches from the corner of the stage,
watching the scene but not a part of it.)

JUDGE Will the defendant please rise?

(RAY STANDS)

JUDGE And how does the defendant plead?

RAY Not guilty.

(The stage is silent as the trial proceeds in an animated timelapse. The DEFENSE and PROSECUTION
rise many times and both OWDEN and GLADYS are called to testify. The rushed movements come to an
end and all are seated.)

JUDGE Will the jury foreperson please stand? Has the jury reached a verdict?

FOREPERSON (rises) Yes. The jury finds the defendant guilty. The jury has recommended the death
penalty in an 11-1 vote.
(It is once again silent, devastation clear on the faces of all members of the Ray family. OFFICERS enter
and escort RAY offstage. Exit all but EUROPE. )

Scene 5

EUROPE I wasn’t even there to see that. Didn’ even know it happened til I got a call after it was over.
Nobody called, nobody gave me a heads up or offered for me to be there for my little brother’s day in
court. Not Ma, not the lawyers, nobody. I jus’ got a call sayin’-sayin’ my little brother went to court and
now he was gonna die. I heard that Ma was the only one to testify. I guess them lawyers thought that was
enough. I know she didn’t tell the whole truth though. Ashamed I guess. She didn’t say anything about
what she did to us. Or what they did to us. All she told was that we got beat. Yeah, we got beat. We got a
hell of a lot more than beat. And sure as hell Dom wouldn’t say a thing. I got on the stand one day and
told the truth. Tried to save his life and it didn’t make one difference. He’s angry at me because I told the
truth. There were things that, I don’t know, he was ashamed of, or he didn’t want no one to know about,
or whatever. But I wanted to give the true statement. I researched the case for days when I found out.
There wasn’t a piece of evidence that said Dom did it. No physical evidence or anything. There were
other people tied to this case, other suspects, but no one cared. No one listened. The only person they
listened to was Marcus Owden.

Scene 6

(RAY, WHATLEY, and TAYLOR are present within a visiting room. RAY sits in chains, visibly frustrated)

WHATLEY Listen Ray, things aren’t looking good. They denied your petition for relief. They’re not
looking to help you out here.

TAYLOR It’s not over yet-

(RAY attempts to stand and is only further angered by his restrictions)

RAY The hell it isn’t! You let Marcus sit in that room and tell everyone that I’m a murderer. He’s crazy,
man. He’s crazy…

(RAY appears visibly defeated, as though he knows nothing will change)

WHATLEY (sighs) Look, we can get a reduced sentence, but the only way to do that is to plead guilty.

RAY I didn’t do it! I’m not pleading guilty just because some schizo guy says I did it.

WHATLEY Domineque I understand how you must be feeling, bu-

RAY No. You don’t know anything about me. You didn’t even know my case well enough to help me.
Marcus has real problems, the doctors said so!
WHATLEY Owden testified against you for a more lenient sentence, and no one knew about his
schizophrenia. It was admissible in court. No one knew he was lying.

RAY You shoulda never become a lawyer. People like you are why people like me die alone in a cell.

(WHATLEY is slightly startled, but remains fairly calm)

WHATLEY Ms. Taylor and I will speak with you again after you’ve had some time to compose yourself.

RAY (As he is escorted out) I know what you really mean. You mean I’m gonna die and you ain’t gonna
do a damn thing about it. You’re watching me fall off a cliff and pretendin’ to ignore my screams cause
it’s easier then listenin’.

(RAY exits)

TAYLOR What are we going to do about him?

WHATLEY He was right, there’s no way out of this. As if his first confession weren’t enough, Owden’s
testimony ended the case. The state has denied every petition and we have no chance of appeal. It’s a
waiting game. Once his date is set it’ll be over. We went into this clueless and it showed. The Brady
claim is going to fall through. They took Owden’s testimony as the truth. (pause) I have a feeling this is
all going to end soon. And not in the way we hoped.

Scene 7

(Once again in a visiting room, RAY and GLADYS are present, an OFFICER stands by the door. It is
clear that years have passed, as they both appear more haggard and distressed.)

GLADYS (in a babying, almost too-sweet tone) Hey honey, how you feelin?

RAY Fine, I guess.

GLADYS Really? You’re okay? Oh, baby, I’m so glad.

RAY No, Ma, no I ain’t okay. I’m being sent to death for something I didn’t do and they ain’t even gonna
bring in the Imam. I know they ain’t. They didn’t care enough to see when I made my case and they’re
not gonna care about no muslim tradition of mine.

GLADYS They’ll have it honey. They’ll have it.

RAY No they won’t. I’m tired of being led around on some string. I don’t get no control over anything.
Nothing and it's my own life being handled. I’m tired of everything being so official. Deadlines and due
dates and orders...they’re killing me and acting as if it’s paperwork. The idea of it is messed up. And
you’ve seen them white people, Ma. Them god-fearing, Christian white people. God-fearing enough that
Christianity is the “only” religion. Not enough for them not to kill me. They won’t do it, Ma. They won’t.
These “good” Christians ain’t good at all. Ain’t good enough to show me an ounce of respect, ain’t good
enough to honor a dying man’s request, and sure as hell ain’t good enough to spare me.

(GLADYS is unsure what to do and puts up a caring facade)

GLADYS Honey, honey, calm down. It’s gonna be okay, you’re gonna be okay.

RAY (in a raised voice that continues to escalate) Goddammit just stop talking! Stop talking already.
Where do you get off tellin’ me it's gonna be okay? Huh? Where do you get off pretending like you care?
You didn’t give a shit about me when I was three years old and you left me to die. Or when your nice,
new boyfriends beat my ass and you didn’t say a goddamn word. How ‘bout when I was fourteen and you
made me fuck your friends to get a couple more dollars?

GLADYS Dom, I-

RAY No. You let me finish. You don’t get to make excuses. You don’t get to show up now, suddenly my
mother and pretend like you care. Why you even here? Ain’t nothing left for you to take advantage of. I
protected you. Didn’t say a word about what you done to me.

RAY (to the guard) We’re done here.

(OFFICER nods and opens the door, motioning for GLADYS to exit)

RAY And don’t even try showin’ up at the execution.

Scene 8

(EUROPE kneels by Ray’s grave.)

EUROPE (upset, but not crying, as though he’s accepted what’s happened) Um-uh, hey Dom. I-I don’
really know what to say. We always had a way of talking you know? Where we didn’ say nothin’ but we
knew what we meant. We always understood each other, even when you didn’ want me to. (pause) I’m
sorry, Dom. I’m so sorry. I shouldna left you. I told you I’d protect you, that’d I’d look after you, always.
I shouldna taken you for granted Dom. They was always kickin us around and callin’ us names, labelin’
us as people we wasn’t. You deserved a better life Dom. A freer one.

(The graveyard scene is removed and all SPEAKERS form into a line)

SPEAKER #1 (JOEY) Domineque Ray was executed at the Holman Correctional Facility in Atmore,
Alabama on February 7, 2019. At 10:12 PM, Ray was pronounced dead at 42 years old, after spending
almost half of his life in prison.
SPEAKER #2 (EVAN) There remains to be no physical evidence connecting Ray to the crime.
Domineque Ray was murdered on the testimony of a highly unstable, schizophrenic man: Marcus Owden.
Owden remains alive and is serving a life sentence at the William Donaldson Correctional Facility.

SPEAKER #3 (VICTOR) America idealizes racial and religious equality: “The Land of the Free.” Yet
Ray’s only option in his final moments was to be consoled by a chaplain of a different faith. After being
denied entry to the execution chamber, Ray’s Imam, Yusef Maisonet, looked on from the viewing room.
Neither Ray’s mother nor brother, Gladys and Europe Ray, attended the execution. In his final moments,
Ray’s last words were in Arabic.

SPEAKER #4 (MARRYAM) Domineque and his brother Europe were both physically, emotionally, and
sexually abused. Despite the profound and compelling mitigating factors, no mitigation case was made by
Ray’s counsel. Gladys Ray has an IQ of 69, which qualifies as mentally retarded on the IQ classification
scale. She was the only witness called to the stand by the defense.

SPEAKER #5 (GRAYSON) William Whatley, Ray’s defense attorney, allowed his inexperienced co-
counsel to present to the jury. Ray’s counsel failed to present available exculpatory or character evidence.
Whatley failed to investigate Ray’s childhood. He failed to order a psychiatric exam. He did not research
or locate Ray’s extensive foster care records. He did not research or locate Ray’s school records, which
would prove Ray to be intellectually slow, with an IQ of just 80.

SPEAKER #1 (JOEY) Two of the jurors on Ray’s case were familiar with the lead detective. Another
knew the forensic witness called to the stand by the prosecution. At least three were familiar with the case
prior to the trial. One was extremely close to the family of Tiffany Harville, the victim.

SPEAKER #6 (SAM) The United States Justice System is flawed. The right to an attorney is a
longstanding principle in the American judicial system. It is essential that lawyers are properly qualified
and experienced in order to adequately represent a defendant. The U.S. Supreme Court has said juries
must consider a defendant’s life, education, and mental health before voting for execution.

SPEAKER #7 (DINA) Neither of these standards were demonstrated in Domineque Ray’s criminal trial.
He received inadequate representation and was judged by an impaired jury. Domineque Ray’s trial was
not fair. Domineque Ray’s execution was not fair. And he is only one of the hundreds of American
citizens who will never see change or justice brought to the American judicial system.