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Thread: Pervis Tyrone Payne - Tennessee

  1. #41
    Moderator Bobsicles's Avatar
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    This is gonna end up like Rodney Reed
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  2. #42
    Senior Member CnCP Legend JLR's Avatar
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    Quote Originally Posted by Bobsicles View Post
    So Payne had an accomplice then
    I dont think this is likely.

    "Officer C.E. Owen, of the Millington Police Department, was the first officer to arrive at the Hiwassee Apartments. He was alone in a squad car when the disturbance call was assigned to Officers Beck and Brawell. Owen was only two minutes away from the Hiwassee Apartments so he decided to back them up. He parked and walked toward the front entrance. As he did so he saw through a large picture window that a black man was standing on the second floor landing of the stairwell. Owen saw him bend over and pick up an object and come down the stairs and out the front door of the building. He was carrying the overnight bag and a pair of tennis shoes. Owen testified that he was wearing a white shirt and dark colored pants and had "blood all over him. It looked like he was sweating blood." Owen assumed that a domestic fight had taken place and that the blood was that of the person he was confronting. Owen asked, "[H]ow are you doing?" Defendant responded, "I'm the complainant." Owen then asked, "What's going on up there?" At that point Defendant struck Owen with the overnight bag, dropped his tennis shoes and started running west on Biloxi Street. Owen pursued him but Defendant outdistanced him and disappeared into another apartment complex."

    https://law.justia.com/cases/tenness...90/791-s-w-2d-

    If Payne had an accomplice then the police officer would of seen him on the stairs. Why would you immediately split off in the middle of the building miraculously before the police officer shows up. It doesn't make sense that you commit this horrible crime in the middle of the day with someone else and then leave the building at different times. If your accomplice has got out of there, why would you stick around.

    Payne's defence is that he was just an innocent bystander who came across the crime scene in the immediate aftermath and then panicked thinking he would get blamed for it. The DNA results would fit with this defence. I can't blame anyone for being sceptical of that story but it's not completely impossible. Clemente Aguirre Jarquin was a similar case. They don't prove he is innocent but it does raise some questions that deserve a further look.
    Last edited by JLR; 01-19-2021 at 08:37 PM.

  3. #43
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    Judge's order explains her position on DNA in Pervis Payne death penalty case

    A written order by Criminal Court Judge Paula Skahan in the Pervis Payne death penalty case offers additional insight into why the judge stated in court last week that a recent DNA test does not prove Payne's innocence.

    Payne was convicted more than 30 years ago in the 1987 knife slayings in Millington of Charisse Christopher, 28, and her 2-year-old daughter Lacie. Christopher's 3-year-old son, Nicholas, survived multiple stab wounds.

    Payne's defense team is trying to stop his execution. They pushed for DNA testing of the evidence, and the judge approved it months ago.

    The resulting report released last week from a private lab produces a mixed picture: the report says the DNA of an unknown male was apparently on the knife used in the killing, but Payne's DNA may have been on the weapon as well.

    In the court hearing last week, the judge said, “Nothing exonerated Pervis Payne. Nothing."

    In a written court filing released Monday, Skahan further explained her reasoning, citing the possible presence of Payne's DNA on the knife, as well as two other areas of concern from the DNA report:

    "Not only does Mr. Payne's DNA appear on a washcloth taken from the victims' apartment, but Mr. Payne also cannot be excluded as a contributor to DNA found on a tampon found near Charisse Christopher's body," the judge wrote.

    She wrote that the defense's discussion of other people in the apartment is speculative.

    "The DNA analysis in this case did nothing to resolve this long-standing speculation, nor did the testing establish that anyone other than the victims and Mr. Payne were present in the victims' apartment at the time of the offenses." . . .

    "If the results of the DNA analysis would have raised any serious question about Mr. Payne's guilt, this Court would have done everything in its power to assist Mr. Payne in any way possible under the law. However, the results of the DNA analysis in this case are, for the reasons stated above, not favorable to Mr. Payne."

    The judge's order formally closes this stage of the case — but she also added that her order shouldn't be interpreted as a blanket denial of any legal questions Payne may raise in the future.

    Payne's account of what happened

    Payne has said he was at the crime scene, but didn't commit the crimes.

    At trial in 1988, Payne said he heard cries for help and came through the open door of the apartment. He said he pulled at the knife that was stuck in Christopher's throat and got blood on his clothes. Response from Innocence Project

    Payne's defense team includes Henry with the Federal Public Defender's office of Middle Tennessee as well as the New York-based Innocence Project.

    In a statement, Payne's attorneys noted that the DNA of the other male was too degraded to use for search in a national database.

    "Frustratingly, the evidence most likely to have adequate samples — such as the victim’s fingernail clippings — went missing after our DNA testing request was granted," they wrote. "While there is accordingly nothing further to test at this time, we agree that the Court’s most recent order ‘should not be viewed as a comment on the merits of (any potential litigation) Mr. Payne may bring in the future.’”

    What's next

    Payne's legal defenders said last week that the legal moves before Judge Skahan are completed, and they now plan to use the new DNA report as they prepare a request for clemency to Gov. Bill Lee to spare Payne the death penalty.

    Payne was scheduled for execution on Dec. 3, but Lee granted him a temporary reprieve due to the COVID-19 pandemic. The reprieve lasts until April 9, 2021. Payne's legal team has said no new execution date has been set.

    In addition to the DNA test, Payne's defense team has raised other issues: the victims were white and Payne is Black, and defenders have argued authorities didn't pursue other suspects and that racism contributed to his conviction. They also say Payne has an intellectual disability.

    Payne's case has attracted support from organizations including the NAACP and the Church of God in Christ.

    (source: Commercial Appeal)
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  4. #44
    Moderator Ryan's Avatar
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    This execution is temporarily stayed until Gov. Bill Lee reviews Covid-19 for resuming executions. Tennessee will not see an execution until at least fall 2021.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  5. #45
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    If they restart, they should switch to at least one execution a month.

  6. #46
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    Tennessee legislature: Courts allowed to reconsider death sentences over intellectual disability appeal

    By The Tennessean

    Nearly 34 years after receiving his death sentence, Pervis Payne may finally have a chance to avert the execution chamber.

    Convicted of a double murder in 1987, Payne was sentenced to death despite unanswered questions around the evidence. The 54-year-old Tennessean, who now faces an execution date that could come down from the court any minute, has maintained his innocence for more than three decades.

    Carrying bipartisan support, a measure allowing death row inmates like Payne to appeal their sentence on intellectual disability grounds cleared the Tennessee legislature Monday night. It will soon go to Gov. Bill Lee for his signature.

    The initiative passed the House 89-4 and the Senate 28-1 Monday night. Sen. Brian Kelsey, R-Germantown, was the lone dissenting vote on the Senate floor.

    The bill's passage marks a victory for those who have long advocated for reexamining Payne's case.

    It reflects a yearslong push — by everyday Tennesseans, legal leaders and prominent political figures — for legislation allowing the court to examine the intellectual competency of convicted inmates. Payne's attorneys have called for mercy from Lee, who has not granted anyone clemency so far during his term as governor.

    The new law would give Payne a chance to plead his case in court. His defense team has said evidence shows Payne has a particularly low IQ. His life could be spared if the court acknowledges is intellectual disabilities, which would make him ineligible for the death penalty.

    The Republican-backed bill includes language from another measure proposed by Rep. G.A. Hardaway, D-Memphis. Sen. Todd Gardenhire, R-Chattanooga, the sponsor of the measure, said lawmakers also worked with the Tennessee Disability Coalition, the Tennessee District Attorney Generals Conference and the state attorney general's office.

    This has always been about due process," Hardaway told The Tennessean Monday. "It's about the life of not just Pervis Payne, but there are other individuals on death row who may have claims of intellectual disabilities. They deserve to get into court to present their claims and have it adjudicated."

    Bill gives only one chance to appeal on 'intellectual disability' basis

    Under the bill, an inmate with intellectual disabilities must suffer from "general intellectual functioning" that is "significantly" below average level. They must also demonstrate they are lacking in regular social behaviors and prove the intellectual disabilities had emerged by the age of 18.

    Defense attorneys for the death row inmate can petition the trial court to examine the inmate's mental competency, but prosecutors are allowed to appeal the decision. The inmate is not allowed a second chance to plead the case on intellectual disability grounds if there is already a ruling over the matter.

    Rep. David Hawk, R-Greeneville, who is carrying the legislation, said Monday night the measure has been years in the making. The bill "assures that we'll be able to follow constitutional provisions and follow court guidance on this subject," he said.

    In a 2016 ruling, the Tennessee Supreme Court had recommended that lawmakers consider amending the state law to allow courts the chance to determine inmates' intellectual competency.

    Gardenhire said the bill offers inmates only one chance in court to determine their intellectual competency. It also makes sure no one repeatedly appeals their case to prolong the process, he said.

    "This bill does not provide for another bite of the apple," he said Monday night. "Because those few individuals never actually got the first bite of the apple."

    Hardaway told The Tennessean that Lee spoke to him in private and signaled his support for the bill.

    "The governor has indicated privately that he's inclined to support the legislation, and I expect him to sign the bill," he said.

    Henry: bill passage 'a great step' toward justice

    Kelley Henry, Payne's defense attorney, applauded the legislature for working with the judicial branch in passing the bill.

    "The Tennessee Supreme Court urged the Legislature to patch a hole in Tennessee law that prevented people with intellectual disability from accessing the courts to press their claim that their execution is barred by the Tennessee and United States constitutions," she said in a Monday statement. "Our legislature answered that call."

    Henry said in an interview she expects to immediately petition the Shelby County Criminal Court to hear Payne's case. With "overwhelming" evidence, Henry said she has high hopes the judge would deem Payne ineligible for the death penalty due to his intellectual disabilities.

    The bill's passage, she said, is only one step toward proving Payne's innocence, she said. Even if the execution is reversed, Payne would still be sentenced to life in prison, and the law would not allow the court to reexamine Payne's innocence claim.

    "(The bill) is a great step obviously to have that opportunity," she said. "But he still would remain convicted and imprisoned, so we will continue to press (on) in every other avenue that we can to advocate for his innocence."

    The Nashville-based federal public defender had pointed out inconsistencies in prosecutors' evidence and the investigation that led to Payne's conviction.

    The police believed Payne fled the crime scene after murdering two people, but they lacked evidence to back up Payne's alleged motive, Henry previously said. Tests conducted earlier this year showed DNA from the murder weapon that belongs to an unknown person other than Payne.

    https://eu.tennessean.com/story/news...al/7382250002/

  7. #47
    Administrator Helen's Avatar
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    Expert to study mental disabilty claim of death row inmate

    An expert hired by a state prosecutors' office can conduct a mental evaluation of a Tennessee death row inmate who claims he is intellectually disabled and should not be executed for the slayings of a mother and daughter more than 30 years ago, a judge ruled Friday.

    Lawyers for Pervis Payne filed a petition May 12 asking a judge to declare that he cannot be executed for the 1987 killings because he is intellectually disabled. The move came 1 day after Republican Gov. Bill Lee signed a bill making retroactive Tennessee’s law that prohibits the execution of the intellectually disabled.

    Payne's case has drawn national attention from anti-death penalty activists and includes the involvement of the Innocence Project, which argues for the use of DNA testing in cases claiming wrongful conviction. A group of Payne's supporters, including his father and sister, held a prayer vigil before Friday's hearing in Memphis.

    Shelby County judge Paula Skahan ruled Payne attorney Kelley Henry had made a legitimate claim for relief under the new law. The judge and Henry agreed with the Shelby County district attorney's office's request to hire an expert to evaluate him. Prosecutor Steve Jones said the expert is in the process of being hired.

    Payne's petition includes reports from 2 experts who concluded he is intellectually disabled, courts documents showed. Skahan set a tentative date of Dec. 13 to hear lawyers' arguments and information from experts.

    The judge wrote in her ruling that she is “mindful of the parties' due process rights and the seriousness of this issue.”

    Executions of the mentally disabled were ruled unconstitutional in 2002, when the U.S. Supreme Court found they violate the Eighth Amendment’s ban on cruel and unusual punishment. But until the new law was passed, Tennessee had no mechanism for an inmate to reopen his case in order to press a claim of intellectual disability.

    Payne had been scheduled to die last December, but the execution was delayed after Lee granted him a rare, temporary reprieve because of the COVID-19 pandemic. The reprieve expired in April, but the state Supreme Court has not set a new execution date yet. Friday's ruling does not stop the state from setting a new execution date.

    Payne was sentenced to death in a Memphis court for the 1987 stabbing deaths of Charisse Christopher and her 2-year-old daughter, Lacie Jo. Christopher’s son, Nicholas, who was 3 at the time, also was stabbed but survived.

    Payne, who is Black, has always claimed innocence. He told police he was at Christopher’s apartment building to meet his girlfriend when he heard the victims, who were white, and tried to help them. He said he panicked when he saw a white policeman and ran away.

    Payne’s case was still under appeal when the Supreme Court ruled that it was unconstitutional to execute the intellectually disabled, but he didn’t claim a disability until after his appeals were exhausted. That involved reopening his case and required a change in state law.

    No intellectual disability hearing in Payne's case has ever been held.

    Last year, Skahan allowed DNA testing in Payne’s case for the 1st time. His DNA was found on the hilt of the knife used in the killings, which matches his trial testimony that he cut himself while handling the knife as he tried to help the victims, Henry told the court at a January hearing.

    Payne’s DNA was not found on the handle, although partial DNA evidence from an unknown man was. However, there was not enough DNA material to enter it into a national FBI database and attempt to match it to someone else, Henry said. Scrapings from Christopher’s fingernails, collected from the crime scene, could not be located for testing.

    Shelby County district attorney Amy Weirich fought the DNA tests. She has said that the evidence overwhelmingly points to Payne as the killer and her office is contesting the intellectual disablity claims.

    (source: Associated Press)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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  8. #48
    Administrator Helen's Avatar
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    Tennessee death row inmate makes rare court appearance

    By Adrian Sainz
    The Associated Press

    MEMPHIS, Tenn. (AP) — A Tennessee death row inmate made a rare public appearance Friday during a court hearing about claims that he is intellectually disabled and should not be executed for the slayings of a mother and daughter more than 30 years ago.

    Wearing a checkered blue sports jacket, white shirt and paisley tie, Pervis Payne listened as lawyers argued in a Memphis courtroom over a request by prosecutors to obtain prison records as part of Payne’s planned mental evaluation by a state expert.

    Payne, 54, was brought to Memphis from Nashville, where has been held in a high-security prison since his conviction and death sentence for the 1987 stabbing deaths of Charisse Christopher and her 2-year-old daughter, Lacie Jo. Christopher’s son, Nicholas, who was 3 at the time, also was stabbed but survived. The stabbings took place in Millington, located north of Memphis.

    The last time Payne was seen outside prison was in 2007, when he attended a court hearing in Memphis.

    Payne’s case has drawn national attention from anti-death penalty activists and includes the involvement of the Innocence Project, which argues for the use of DNA testing in cases claiming wrongful conviction. Last year, Judge Paula Skahan ordered DNA testing on evidence in the case, including the knife used in the killings. But the DNA testing results failed to exonerate Payne.

    Payne, who is Black, has always maintained his innocence. He told police he was at Christopher’s apartment building to meet his girlfriend when he heard the victims, who were white, and tried to help them. He said he panicked when he saw a white policeman and ran away.

    Prosecutors argue the evidence is overwhelming against Payne, and they are fighting a May petition filed by Payne’s lawyers asking a judge to declare that he cannot be executed because he is mentally disabled. The move came after Republican Gov. Bill Lee in May signed a bill making retroactive Tennessee’s law that prohibits the execution of the intellectually disabled.

    Executions of the mentally disabled were ruled unconstitutional in 2002, when the U.S. Supreme Court found they violate the Eighth Amendment’s ban on cruel and unusual punishment. But until the new state law was passed, Tennessee had no mechanism for an inmate to reopen his case in order to press a claim of intellectual disability.

    Payne had been scheduled to die last December, but the execution was delayed after Lee granted him a rare, temporary reprieve because of the COVID-19 pandemic. The reprieve expired in April, but the state Supreme Court has not set a new execution date yet.

    Payne’s petition includes reports from two experts who concluded he is intellectually disabled. Judge Skahan has ordered a mental evaluation from a state expert and she has scheduled a Dec. 13 hearing to hear lawyers’ arguments and information from experts.

    Payne’s lawyer, Kelley Henry, is fighting the state’s request to use certain prison records and interview staff members at the prison. Henry and prosecutor Steve Jones agreed Friday to set aside that issue and discuss which records should be requested.

    Several of Payne’s relatives attended the hearing. Payne’s sister, Rolanda Holman, said she picked out new clothes for her brother, whom she last visited earlier this year at the prison. Holman said she was happy to just make some eye contact with her brother and see him in regular clothing, looking “dapper.”

    “Having seen him outside of those prison whites, it brought me to tears,” Holman said.

    https://www.citynews1130.com/2021/07...rt-appearance/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #49
    Administrator Aaron's Avatar
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    Every White death row inmate gets executed and every Black one avoids execution in TN. That's systemic racism. Am I doing it right?
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #50
    Moderator Bobsicles's Avatar
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    Basically yes. Only one black man has been executed in TN since 2000. The rest were stayed, commuted or died
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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