Friday, July 31, 2020

Pervis Payne; Tennessee; Execution set for December 3: District Attorney DA asks court to deny request for DNA "A Tennessee death row inmate fighting for his own life. His defense team believes new DNA evidence could clear his name. But Thursday, the Shelby County District Attorney asked the court to deny his request for DNA testing."


PASSAGE OF THE DAY: "Payne is represented by attorneys with the Innocence Project.
They filed a petition for DNA testing a blood-stained comforter, sheets, and pillow, all of which was discovered by Payne’s attorney in the court clerk’s office last December. But DA Weirich said this evidence is from a separate murder that happened in Memphis in 1998, a decade after Payne’s conviction. “The property room made a mistake. These items have nothing to do with Pervis Payne and should not have been shown as a part of this case,” said Weirich. In a statement to FOX13 Kelley Henry, one of Payne’s attorney said DA Weirich is wrong to oppose the DNA testing. “The police tampered with evidence at the crime scene. They moved the victims’ bodies. If the victim’s ex-husband’s DNA is found on any piece of evidence, it would exonerate Mr. Payne,” said Henry’s statement."

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STORY: "DA Weirich  asks court to deny request for DNA testing in Pervis Payne death penalty case," by reporter Kirstin Garriss, published by Fox13 News on July 30, 2020.

GIST:  "A  Tennessee death row inmate fighting for his own life. His defense team believes new DNA evidence could clear his name. But Thursday, the Shelby County District Attorney asked the court to deny his request for DNA testing.

A jury convicted Pervis Payne for the 1987 deadly stabbing of Millington mother Charisse Christopher and her two-year-old daughter, Lacie. Christopher’s three-year-old son Nicholas survived with multiple stab wounds. Payne’s execution is set for December 3, 2020.

During a press conference, District Attorney Amy Weirich said the evidence against Payne speaks for itself.

“[Payne] was seen by police running out of this apartment sweating blood. He puts himself there, his fingerprints were found in the apartment. His hat is on a dead baby’s arm,” said Weirich.

Payne is represented by attorneys with the Innocence Project.
They filed a petition for DNA testing a blood-stained comforter, sheets, and pillow, all of which was discovered by Payne’s attorney in the court clerk’s office last December.
But DA Weirich said this evidence is from a separate murder that happened in Memphis in 1998, a decade after Payne’s conviction.

“The property room made a mistake. These items have nothing to do with Pervis Payne and should not have been shown as a part of this case,” said Weirich.

In a statement to FOX13 Kelley Henry, one of Payne’s attorney said DA Weirich is wrong to oppose the DNA testing. “The police tampered with evidence at the crime scene. They moved the victims’ bodies. If the victim’s ex-husband’s DNA is found on any piece of evidence, it would exonerate Mr. Payne,” said Henry’s statement.

Payne’s defense team also wants DNA testing of crime scene evidence including a tampon, a weapon, and potentially a rape kit.

DA Weirich said this same request was made back in 2006 and the courts denied it."

The entire story can be read at:
https://www.fox13memphis.com/news/local/da-weirich-asks-court-deny-request-dna-testing-pervis-payne-death-penalty-case/QZAA5S3RQZCBTLV32DHQ2U3LCM/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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