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PASSAGE OF THE DAY: "“We are not here to retry this case,” Henry said. “We can get the DNA tested without any cost to the taxpayers thanks to the Innocence Project, who is willing to foot the bill for the testing.” Alan Keel, a DNA expert with the Forensic Analytical Crime Lab, a private forensic and DNA lab in Haywood, California, testified for the defense by video conference for several hours. He said DNA technology has advanced dramatically since 2006, the last time Payne’s attorneys submitted a petition for DNA testing. The state Supreme Court rejected that effort."
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: “Ruling expected Sept. 6 on Pervis Payne DNA case,” by reporter Yolanda Jones, published by The Daily Melphian on September 1, 2020.
GIST: “Shelby County Criminal Court Judge Paula Skahan is expected to rule Sept. 16 on whether DNA evidence in the case of Pervis Payne will be tested.
Skahan heard testimony Tuesday, Sept. 1, in the case of Payne, who was convicted for the 1987 double homicide of a Millington woman and her young daughter.
Payne, 53, has been on death row for three decades and is scheduled to be executed Dec. 3.
Payne was convicted in 1988 in the stabbing deaths of Charisse Christopher, 28, and her 2-year-old daughter, Lacie. Christopher’s 3-year-old son, Nicholas, survived multiple stab wounds.
A defense team made up of federal public defender Kelley Henry and attorneys with the national Innocence Project say DNA testing on evidence could prove Payne’s innocence and save his life.
But Prosecutor Steve Jones, an assistant district attorney with the Shelby County district attorney’s office, said testing will not prove Payne did not commit the murders of which he was convicted.
Jones and Henry attended Tuesday’s hearing, but Payne, who is in prison at Riverbend Maximum Security Institution in Nashville, joined by video conference along with attorneys on his defense team and one witness.
Henry withdrew the defense team’s request to test bed sheets given to investigators last December. Henry acknowledged the evidence was from another murder case and was mistakenly given to the legal team by employees in the Shelby County Criminal Court property room.
Shelby County District Attorney Amy Weirich said at a press conference in July there was no new evidence in the Payne case.
But Payne’s attorneys argued crime scene evidence — including a knife, a washcloth, eyeglasses, clothing, curtains, a rug, a stuffed animal and a tampon — has never been tested.
“We are not here to retry this case,” Henry said. “We can get the DNA tested without any cost to the taxpayers thanks to the Innocence Project, who is willing to foot the bill for the testing.”
Alan Keel, a DNA expert with the Forensic Analytical Crime Lab, a private forensic and DNA lab in Haywood, California, testified for the defense by video conference for several hours. He said DNA technology has advanced dramatically since 2006, the last time Payne’s attorneys submitted a petition for DNA testing. The state Supreme Court rejected that effort.
Keel said he has done post-conviction DNA testing in 155 cases and that if the DNA evidence in Payne’s case is allowed to be tested, he could get it done in 45 to 60 days. He said it could be put through the FBI’s database to see if it matches the DNA profile of an accomplice.
Jones argued, however, there is noting new to be found in the evidence.
“Every single item they are seeking to have tested today existed when they sought testing in 2006 under the exact same statute,” Jones said.
He also questioned Keel about the possibility of evidence being contaminated by police, jurors or others. Jones also asked whether it could be determined if DNA found on evidence could be linked to the crime scene.
The defense said the crime scene evidence is the only evidence that still exist today, including a crime scene video the defense was told did not exist. But Millington Police Lt. Christopher Stokes testified he found the videotape in the department’s storage shed along with photos from the case.
Henry told the court the defense learned the autopsy evidence, including fingernail scrapings from Charisse Christopher, could not be found.
“The fingernail scrapings no longer exist and this evidence was relevant at trial because under her nails there was DNA that was not hers. And the state used that to argue that Mr. Payne committed the crime,” Henry said.
Payne’s family, including his sister and his 78-year-old father, attended the hearing and said they remain hopeful, as does Payne.
“My brother has never lost his faith,” Payne’s sister, Rolanda Holman, said. “We feel like something good is going to happen. Although it’s been 33 years, we feel the truth is coming on the scene. We feel the truth is coming with power and authority, and we’re going to roll with the truth until it sets him free.”
His father, Carl Payne, a COGIC minister, added: “We understand that it’s not over until God says it’s over. We are going to trust God all the way.”
The hearing follows a press conference Monday, Aug. 31, at which community leaders, clergy and activists urged Weirich to test the DNA.
The entire story can be read at:
https://dailymemphian.com/article/16605/pervis-payne-paula-skahan-amy-weirich-dna
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;
