Monday, April 12, 2021

Pervis Payne: Tennessee; Bulletin: Fox13 story by Reporter Dekarai Turned describes a very 'challenging' moment for him; Will the Supreme Court issue a new execution date? His attorney Kelley Henry: “I believe with my whole heart and soul that he is innocent of this crime,” Henry said. “Every day, you’re just on pins and needles--is this the day you’re going to get the order?"


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INNOCENCE PROJECT: 'STOP THE EXECUTION LINK': SUBMIT HERE:

https://innocenceproject.org/petitions/stop-execution-pervis-payne/

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PASSAGE OF THE DAY:  "Payne was convicted of the grisly murders of Charrise Christopher and her 2-year-old daughter Lacie. His DNA was found on a knife at the scene, though Payne has said it got there because he’d gone to help after their real killer left. DNA testing done just months ago shows DNA belonging to an unknown person was found on the knife, as well. Along with an intellectual disability, Henry said shaky evidence should give him a new trial. “Racism and intellectual disability, as well as hidden evidence, led to the conviction of an innocent man,” Henry said."

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STORY: "State Supreme Court could set new execution date for Pervis Payne," by Reporter Dekarai Payne, published by FOX13 (Memphis) on April 11, 2021.


GIST: "A new execution date could soon be set for a Shelby County man who insists he’s not the man who killed two people decades ago.


A judge sentenced Pervis Payne to death for a Millington double murder committed in 1987. The State Supreme Court could issue a new execution date after a temporary halt issued by Gov. Bill Lee expired over the weekend.


Tumultuous several months for Payne and his attorney, Kelley Henry, is more challenging, as he awaits a decision from the supreme court that may or may not come, according to Henry.


Henry said the high court could issue a new date or could decide against issuing a date.


“I believe with my whole heart and soul that he is innocent of this crime,” Henry said. “Every day, you’re just on pins and needles--is this the day you’re going to get the order?”


Payne was convicted of the grisly murders of Charrise Christopher and her 2-year-old daughter Lacie.


His DNA was found on a knife at the scene, though Payne has said it got there because he’d gone to help after their real killer left.


DNA testing done just months ago shows DNA belonging to an unknown person was found on the knife, as well.


Along with an intellectual disability, Henry said shaky evidence should give him a new trial.


“Racism and intellectual disability, as well as hidden evidence, led to the conviction of an innocent man,” Henry said.


Now begins Henry’s next effort, which she said was gathering new evidence to present to Gov. Lee as an update to an already existing application for clemency.


“I believe we’ve established his innocence as it stands, but we’re always looking for more,” Henry said.


The office of the Shelby County Attorney General has said it stands behind the conviction.


A spokesman for the office did not respond to a request for comment, but District Attorney Amy Weirich has issued a written statement in the past, most recently in January.


“… [N]othing in the DNA testing exonerates Pervis Payne. The evidence of Payne’s guilt was and still is overwhelming. The jurors declared so with their verdict in 1988. Countless appellate courts have said it since. …” the statement said.


Legislation under consideration in the state general assembly would bar anyone in Tennessee, found to have an intellectual disability after conviction, from being executed."


https://www.fox13memphis.com/news/local/state-supreme-court-could-set-new-execution-date-pervis-payne/FMVM233JIBE7JAOLHGBLE47JJM/

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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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;