PASSAGE OF THE DAY: "Payne, who is being held on death row in Riverbend Maximum Security Institution in Nashville, is convicted of the 1987 deaths of Millington woman Charisse Christopher, 28, and her 2-year-old daughter, Lacie. Christopher’s 3-year-old son, Nicholas, survived multiple stab wounds in the brutal attack that took place in Christopher’s apartment. Payne has maintained his innocence. In his 1988 trial, Payne said that he discovered the gruesome crime scene after hearing calls for help through the open door of the apartment. He said he bent down to try to help, getting blood on his clothes and pulling at the knife still lodged in Christopher's throat. When a white police officer arrived, Payne, who is Black, said he panicked and ran, fearing he would be seen as the prime suspect."
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STORY: "Pervis Payne: Judge tells state to hurry up evaluation or find a new expert," The Memphis Commercial Appeal (Reporter Katherine Burgess) reports."
GIST: A state expert must complete her intellectual disability evaluation of Pervis Payne before the scheduled Dec. 13 hearing or the state of Tennessee must find a new expert, Judge Paula Skahan told the state's attorney at a hearing Friday.
Skahan had just learned from the state's expert, clinical psychologist Dr. Tucker Johnson, that Johnson might be unable to complete her evaluation by December.
Once she completes her evaluation, the defense must also be given time to review it.
Johnson said she has not requested all the materials she will want to review prior to interviewing Payne.
“If you can’t do it, I need someone who can do it," Skahan said. "This is moving very slowly. Very slowly. I need to know what she needs and when it's going to be done
Payne's attorneys are currently petitioning the court that he is ineligible for the death penalty due to having an intellectual disability.
On Friday, he appeared in court for a status conference.
“The Tennessee Supreme Court needs to know we are moving as expeditiously as possible, because there’s nothing that keeps an execution date from being set,” said Kelley Henry, Payne’s attorney. “…I think the judge made very clear that it’s her intent that this hearing is going to move forward on December 13 whether the state needs to get a new expert or not.
Payne, who is being held on death row in Riverbend Maximum Security Institution in Nashville, is convicted of the 1987 deaths of Millington woman Charisse Christopher, 28, and her 2-year-old daughter, Lacie. Christopher’s 3-year-old son, Nicholas, survived multiple stab wounds in the brutal attack that took place in Christopher’s apartment.
Payne has maintained his innocence. In his 1988 trial, Payne said that he discovered the gruesome crime scene after hearing calls for help through the open door of the apartment.
He said he bent down to try to help, getting blood on his clothes and pulling at the knife still lodged in Christopher's throat. When a white police officer arrived, Payne, who is Black, said he panicked and ran, fearing he would be seen as the prime suspect.
On Friday, the state motioned the court for permission to subpoena all medical, mental health, psychology and disciplinary records pertaining to Pervis Payne at Riverbend Maximum Security Prison, where he is on Death Row.
Payne’s attorneys objected to them obtaining his medical and disciplinary records, saying those were not pertinent to determining his intellectual disability and that he deserves privacy. Payne's attorneys also argued that courts have ruled against using prison records in determining intellectual disability, since prison is a structured setting.
“I want to look at functioning across a multitude of settings, not just the prison records, but I want to look at prison records as well because they contain approximately a couple of decades of Mr. Payne’s behavior," Johnson testified.
Last month, Skahan granted Payne's attorneys' motion that Johnson's evaluation of Payne be video recorded.
The video will only be provided to counsel for the parties and their respective experts, according to Judge Paula Skahan’s ruling. If it is introduced as an exhibit at the intellectual disability hearing for Payne, it will be placed under seal."
The entire story can be read at:
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Other important aspects of the hearing: Action News 5 Staff: "Friday’s hearing took place in two parts. The morning session was recessed because the state hadn’t called the medical expert to testify. Court resumed in the afternoon with Dr. Tucker Johnson on the stand. The hearing was focused on Johnson’s request for Payne’s prison records, including disciplinary and medical records. She testified she uses records for comprehensive evaluations, looking at as many past behaviors as possible before meeting with a patient for the actual evaluation. Payne’s defense attorney cited the American Association for Intellectual and Developmental Disabilities and a recent Supreme Court ruling, both of which advise against using prison records to diagnose disabilities because prisons are so structured even individuals with disabilities can be model inmates. The defense also called into question whether Johnson is qualified to serve as the expert in the case as she is not a certified forensic psychologist nor has she ever conducted her own research, published or presented any research on forensic psychology."
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;
