Thursday, April 8, 2021

Pervis Payne: Tennessee: His plight is drawing new attention as Governor's temporary reprieve set to expire midnight April 10..."As the reprieve approaches expiration, Payne’s case has gained new attention on TikTok with over 24 million views from multiple users and support from civil rights advocate Martin Luther King III and federal Judge Ken Starr, who have asked Governor Lee to commute Payne’s death sentence. According to The Innocence Project, “Tennessee lawmakers are currently considering a bill that could protect Mr. Payne from execution due to his intellectual disability, under the Supreme Court ruling on Atkins vs. Virginia.” The bill filed by the Tennessee Black Caucus is set to be discussed in a Senate judiciary committee and a House committee this week."


PASSAGE OF THE DAY: "Payne has maintained that he is innocent since his 1988 death row conviction for the stabbing deaths of Charisse Christopher, 28, and her 2-year-old daughter, Lacie. Christopher’s 3-year-old son Nicholas, who was stabbed multiple times, survived the attack. The victims are White. Payne, who is intellectually disabled, testified that he was responding to cries for help from his girlfriend’s neighbor who he found Christopher brutally attacked, along with her children. Witnesses, including Payne, testified that an unknown man was seen running from the apartment before Payne entered the apartment. After trying to help, he felt he would be mistaken as the attacker and ran as police arrived. Prosecution argued that Payne was under the influence of drugs and became violent when Christopher rejected his sexual advances. No evidence of drug use was found, fingernail clippings from Christopher, who scratched her attacker, disappeared, and DNA evidence from an unknown man was found on a knife used in the stabbing."

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POST: "Expiring reprieve for intellectually disable  black man on death row," posted on 'About Sybil' on April 7, 2021. (From her web site: "Sybil Wilkes has been an important listener resource for over two decades. Known as “The Voice of Reason” on the Tom Joyner Morning Show, she delivers news, information and entertainment with honesty, accessibility and integrity, earning the trust of her nationwide audience.")

GIST: "Pervis Payne, a 54-year-old death row inmate who is Black, has been granted a temporary reprieve by Tennessee Governor Bill Lee, which is set to expire midnight April 10. At that time, the Tennessee Supreme Court will regain authority to set another execution date, if they choose to do so.

Payne has maintained that he is innocent since his 1988 death row conviction for the stabbing deaths of Charisse Christopher, 28, and her 2-year-old daughter, Lacie. Christopher’s 3-year-old son Nicholas, who was stabbed multiple times, survived the attack. The victims are White. Payne, who is intellectually disabled, testified that he was responding to cries for help from his girlfriend’s neighbor who he found Christopher brutally attacked, along with her children. Witnesses, including Payne, testified that an unknown man was seen running from the apartment before Payne entered the apartment. After trying to help, he felt he would be mistaken as the attacker and ran as police arrived.


Prosecution argued that Payne was under the influence of drugs and became violent when Christopher rejected his sexual advances. No evidence of drug use was found, fingernail clippings from Christopher, who scratched her attacker, disappeared, and DNA evidence from an unknown man was found on a knife used in the stabbing.


As the reprieve approaches expiration, Payne’s case has gained new attention on TikTok with over 24 million views from multiple users and support from civil rights advocate Martin Luther King III and federal Judge Ken Starr, who have asked Governor Lee to commute Payne’s death sentence.


According to The Innocence Project, “Tennessee lawmakers are currently considering a bill that could protect Mr. Payne from execution due to his intellectual disability, under the Supreme Court ruling on Atkins vs. Virginia.” The bill filed by the Tennessee Black Caucus is set to be discussed in a Senate judiciary committee and a House committee this week.


“Pervis, in particular, is just so grateful for the support that he and his family are receiving, and we hope that message reaches the heart and mind of Gov. Lee because he really is the person who has the authority to free Pervis from death row,” said Payne’s attorney Kelly Henry."


Why We Need To Know: 

Sign the petition at https://innocenceproject.org/ to free Pervis Payne. Residents of Tennessee can call Gov. Lee at 615-741-2001 to let him know you support clemency for Mr. Payne.

The entire post can be read at:


https://sybilwilkes.com/2021/04/expiring-reprieve-for-intellectually-disabled-black-man-on-death-row/


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;