BACKGROUND: "(Pervis)
Payne is an intellectually disabled Black man who was convicted and sentenced to death for the 1987 murder of a white woman named Charisse Christopher and her 2-year-old daughter Lacie Jo. He has always maintained his innocence, saying he came upon the bloody crime scene while checking to see if his girlfriend — who lived across the hall — was at her apartment. Overwhelmed by the horror before him, Payne testified in court that he fumbled around trying to help before he ran off, afraid that the police would instantly believe he was the murderer. They did. But more than 30 years later, Payne’s attorney Kelley Henry, who also represented Alley, discovered previously undisclosed evidence — a bloodied comforter, sheets and pillow — that had never been tested. In a Dec. 30 court filing, Henry wrote that the case against Payne had been “concocted out of whole cloth” and based on “outdated racial stereotyping.” At the very least, DNA evidence that was apparently hidden from the defense does nothing to make one doubt her characterization of the case."
STORY: "Pervis Payne case can move forward with Shelby County DA's office, judge rules, published by Fox 13, on October 28.
GIST: "A judge ruled Friday that the Shelby County District Attorney General’s Office can continue to handle the Pervis Payne case.
Lawyers representing Payne filed a motion earlier this month asking for the Shelby County DA’s office to recuse itself due to a conflict of interest.
However, in Friday’s ruling, Judge Paula Skahan gave the DA’s office 30 days to provide more information to the court regarding “the composition of written screening measures” regarding Leslie Byrd, an assistant district attorney who Payne’s lawyers claimed had a conflict of interest.
If the DA’s office does not give the court that information, “the court would be willing to entertain a renewed motion” to disqualify the Shelby County District Attorney General’s Office.
Payne is currently on death row for the murder of a Millington mother and her young daughter in 1987.
Charisse Christopher, 28, and her 2-year-old daughter, Lacie Jo, were stabbed to death inside their home.
Payne, 53, has maintained his innocence in their murders.
Payne’s execution has been delayed while his lawyers attempt to prove his innocence.
The case has garnered national attention, with rallies and protests taking place recently to support him."
The entire story can be read at:
https://www.fox13memphis.com/news/local/pervis-payne-case-can-move-forward-with-shelby-county-das-office-judge-rules/S65QYMQAFNDERHWYWVMX5FSGI4/
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;
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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice.
Jennifer Givens: DirectorL UVA Innocence Project.
