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. This week's two-day hearing largely focused on Payne’s character, with witnesses ranging from family members to spiritual mentors who testified that Payne is a steady presence at Riverbend Maximum Security Institution in Nashville, respected and admired by other inmates and trusted by staff."
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STORY: “23 witnesses, one video will play a role in determining the rest of Pervis Payne’s life, The Memphis Commercial Appeal, (Reporter Katherine Burgess) reports. Katherine Burgess covers county government and religion.
GIST: "Pervis Payne) won’t face execution, but 23 witnesses, a gruesome video and a host of documents presented at a two-day hearing will play a role in deciding the rest of his life.
If all goes well for Payne’s legal team, Judge Paula Skahan will rule that Payne’s two life sentences and a related 30-year sentence from his 1988 convictions will run concurrently (at the same time), making him eligible for parole in just six years.
But if things go the prosecution’s way, Skahan will rule that the sentences should be served consecutively (one after the other), meaning Payne won’t be eligible for parole until he’s 85.
At stake isn’t the question of whether Payne is guilty of the crime of killing Charisse Christopher, a 28-year-old mother, and her 2-year-old daughter, Lacie, and brutally injuring Christopher’s 3-year-old son, Nicholas, in 1987 in Millington. Rather, Skahan will consider the question of whether Payne is a risk to society.
Payne's capital sentence was set aside after the Shelby County District Attorney's Office announced it was dropping its pursuit of the death penalty after a state expert examined Payne and records and determined that he has an intellectual disability.
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.
This week's two-day hearing largely focused on Payne’s character, with witnesses ranging from family members to spiritual mentors who testified that Payne is a steady presence at Riverbend Maximum Security Institution in Nashville, respected and admired by other inmates and trusted by staff.
The prosecution initially offered only one witness, Lt. Christopher Stokes, interim inspector at Millington Police Department, who brought with him a copy of video from the 1987 crime scene.
The video is ghastly, showing Charisse Christopher and Lacie lying in puddles of blood, Christopher on her back, Lacie on her chest. More blood is smeared on the walls. Stab wounds are evident on Christopher’s torso and a knife lies by Lacie’s foot.
But in rebuttal, Steve Jones, assistant district attorney, brought forward family members of the Christophers who haven’t spoken publicly in years, speaking emotionally about the impact that their loved ones’ deaths have had on them and their families.
The defense’s case was far more extensive, with 19 witnesses. Witness after witness, attorney Kelley Henry asked whether they would support Payne if he were one day freed from prison. Again and again, often with enthusiasm, the witnesses said, yes, some even saying they would welcome Payne to live in their homes with their families.
“I am compelled by both sides," Skahan said as the hearing came to a close Tuesday. "Frankly it’s an extremely, extremely difficult decision, as you may imagine.”
She will issue a ruling in January, she said.
The image of a helper:
Family, friends, volunteers in the prison and prison staff painted a picture of Payne throughout the two days as someone who helps others and who is a hard worker, an image crucial to the defense's argument that Payne is not a harm to society.
“What you heard about Pervis Payne’s family and what he was taught growing up was echoed in people who are disinterested in this case said about Mr. Payne," Henry said during arguments.
His sister Rolanda Holman and father Carl Payne testified about his childhood, how he was raised in a religious household in Drummonds, Tennessee, going to church often, helping people with cutting yards around the neighborhood, babysitting his siblings.
“Pervis, he was a person who had a gift of helps," Carl Payne said. "A gift of helps, you’re always helping somebody.”
Friends and cousins testified that they would play "church" together, practice music, watch out for younger children. He often gave people rides in his father's station wagon, they said, even rearranging his own schedule to do so.
Sylvester Robinson, a friend and cousin, testified that he never knew Payne to use drugs. And, contradicting the prosecution's case in the original 1988 trial, he said the magazine he and Payne had looked at on the day of the killings was a Jet Magazine, not a Playboy.
Prison visitors described meeting Payne at Riverbend Maximum Security Institution, often when visiting with other inmates.
Dr. Kevin Riggs, pastor of Franklin Community Church, said Payne acts as an unofficial deacon for a church gathering on Death Row, where Riggs' church has ordained another inmate as a minister.
And Demetria Kalodimos, a journalist and documentary filmmaker who works at Lipscomb University in the department of communications, recalls Payne helping another inmate, Charles Wright, fix his hair and do his laundry as Wright suffered from terminal cancer. Once, Payne and another inmate helped carry Wright to visitation with Kalodimos, she said.
Wright eventually died of cancer. After waiting the full year required of the Tennessee Department of Corrections, Kalodimos applied to visit Payne and did so regularly before the COVID-19 pandemic.
“I think it would be a privilege to be part of his community on the outside, because I consider myself a part of his community on the inside which is strong and supportive," she said.
Leaders in the Men of Valor program, a program that helps men both inside and outside the prison, also testified that Payne would be eligible for the program if one day he were to be freed from prison.
Some of the last to testify were staff at Riverbend, who appeared as the result of subpoenas from Henry.
They too spoke highly of Payne.
Captain Robert Mosley, a shift commander at Riverbend, told the story of how he was assaulted by inmates while working on Unit 2, Death Row. He was stabbed in the arm, but was found by Payne and another inmate.
"Pervis Payne and David Duncan grabbed me with towels, they assisted me without thought or concern for themselves," Mosley said.
“I respect him very much. He’s always conducted himself as a man.”
Payne stayed with him for 11 minutes, until medical arrived. In the end, Mosley needed 57 stitches.
At Riverbend, Payne is classified as "A" level, meaning he's not restrained and is allowed a certain level of freedom. An inmate at "A" level who has any disciplinary issue is immediately moved to "B" or "C" level, testified Michael Keys, associate warden of treatment.'
Payne also has been the "rockman" or custodial janitor at Riverbend for as long as Keys could remember, moving between pods and even staff offices to clean, clear out trashcans and more.
While some inmates at Riverbend do get into fights, stash contraband, throw feces or assault officers, Payne has never been involved in anything like that, said Ernest Lewis, associate warden of security.
The impact of a crime:
The prosecution, however, focused on the 1987 crime that Jones called "heinous, atrocious and cruel."
Although convicted, Payne has always maintained his innocence.
“We know that but for the new law … he would still be on death row," Jones said.
"And what that means is he is by definition among the worst of the worst of first-degree murderers. Pervis Payne did not just kill one person. He didn’t just commit one first degree murder. He killed two people and he tried to kill a third.”
Since the murders, the family of the Christophers have been broken, unable to gather for Christmases or other holidays, testified Angela Johnson, Charisse Christopher's sister.
“Please honor Charisse and Lacie," she begged Skahan. "Don’t let their lives be in vain. I know that Nick’s time has been served, but their lives should count as well. A sentence for each one should be held out for each one.”
Johnson testified that Nicholas, the only survivor of the attack, has grown up "to be a very sad man."
“He completely shut down as much as we tried to include him in family gatherings, make sure he had everything to try to make sure he was as happy as can be." she said. "You could tell there was a part of him that would never be happy, ever, not without them.”
Jimmy Zvolanek, Charisse Christopher's brother, read a written statement in which he told the judge his family was simply seeking justice for Charisse, Lacie and Nicholas.
“Watching my mother grieve for her daughter for 34 years has been devastating for me in so many ways,” Zvolanek said. “The void created when Charisse and Lacie were taken from us has been immense. Sometimes the pain is more than I can bear.”
Zvolanek said he had just listened to testimony "about gentleness, helping others, caring, being a good person and having a big heart."
"From all accounts, that describes my sister perfectly," he said.
Kathy Hites, who was married to Charisse Christopher's brother, said her children never had the chance to know their grandparents in the way they should have.
Her husband, too, was hugely affected by the death of his sister and niece, which ultimately affected their marriage.
"What I saw after the murder of my sister-in-law and little Lexie was a family that shattered,” Hites said. “I don’t know, grandma, how you do it, how you get by without your daughter and little Lacie, little sweet Lacie.""
The entire story can be read at:
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;
