PUBLISHER'S NOTE: November 18, 2021: Quite a day! Two Americans who have protested their innocence from the outset have been removed from the threat of the death penalty. Oklahoma Governor Kevin Stitt granted Julius Jones clemency just hours before the state was planning to take his life. Tennessee District Attorney Amy Weirich abandoned her state's abandonment of the death penalty in Pervis Payne's case. Lawyers for both men announced they will keep fighting for their respective client's exoneration and freedom. Conversely, on November 1, 2021, Rodney Reed was denied a new trial by a Texas judge, in spite of overwhelming evidence of his innocence. All of these cases have important issues of interest to this Blog. That battle continues. I am following developments closely.
Harold Levy: Publisher: The Charles Smith Blog:
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PASSAGE OF THE DAY: "Both the U.S. and Tennessee supreme courts have ruled that it is unconstitutional to execute someone with an intellectual disability. In April, Tennessee legislators created a law allowing death row inmates like Payne to appeal their sentences on intellectual disability grounds. Payne's appeal arguing that he is intellectually disabled and thus ineligible for the death penalty is currently pending before the criminal court. "So today, after weighing the totality of circumstances, we have filed notice with the Criminal Court that the state is hereby withdrawing its request for a hearing on the issue of intellectual disability," read the release. "
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STORY: "Shelby County District Attorney abandons pursuit of death penalty in Pervis Payne case," by Reporter Katherine Burgess, published by The Memphis Commercial Appeal, on November 18, 2021.
GIST: "The Shelby County District Attorney's office is dropping its pursuit of the death penalty against death row inmate Pervis Payne.
District Attorney General Amy Weirich announced the decision during a press conference and in a news release Thursday afternoon.
The reason is because
Both the U.S. and Tennessee supreme courts have ruled that it is unconstitutional to execute someone with an intellectual disability. In April, Tennessee legislators created a law allowing death row inmates like Payne to appeal their sentences on intellectual disability grounds.
Payne's appeal arguing that he is intellectually disabled and thus ineligible for the death penalty is currently pending before the criminal court.
"So today, after weighing the totality of circumstances, we have filed notice with the Criminal Court that the state is hereby withdrawing its request for a hearing on the issue of intellectual disability," read the release.
Payne will serve two consecutive life sentences in prison for the murders of Charisse and Lacie Christopher.
The District Attorney General's Office met with the family of the Christophers to explain they were dropping the death penalty.
"The family was not happy, but they understand," read the release.
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.
“Our proof that Pervis is intellectually disabled is unassailable, and his death sentence is unconstitutional," Henry said. “The state did the right thing today by not continuing on with needless litigation. This matter will now come to a close in a very short period of time. We however will not stop until we have uncovered the proof which will exonerate Pervis and release him from prison.”
Payne was scheduled for a Dec. 13 evidentiary hearing to consider whether he is intellectually disabled. Now, that hearing will no longer take place.
Judge Paula Skahan will need to issue an order formally granting Payne relief from the death sentence, Henry said.
“Pervis was completely shocked,” Henry said. “I’m not sure that it has really set in for him yet, but he was also very grateful to all of his supporters and his legal team and to his family. (His sister) Rolanda (Holman) and (Attorney) Kimkea (Harris) and I were on the phone together and each shared tears of joy.""
The entire story can be read at:
