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While the Tennessee Supreme Court has acknowledged that the State has “no interest” in executing a person with intellectual disability, and Mr. Payne from execution due to his intellectual disability, under the Supreme Court ruling on Atkins vs. Payne has an intellectual disability.Įlder Carl Payne and Pervis Payne (16) Photo Courtesy of Rolanda Payne Holman.ħ. Payne’s disability was not recognized, but doctors have since confirmed through testing that Mr. Payne was not able to fully participate in his defense and was not a strong witness on his own behalf. Growing up, he had trouble with chores like cooking and doing laundry, and needed help feeding himself until he was 5.īecause of his disability, Mr. Payne’s family say he is not able to follow complicated instructions, including driving to new places. His teachers say he put in a lot of effort, but had difficulty learning to read, spell, and do math. Payne struggled in school and, despite his best efforts, was not able to graduate. Payne lives with an intellectual disability, which means it is unconstitutional to execute him. Nearly 300 Black people accused of murdering white people have been executed since 1976 - approximately 14 times more than the number of white people executed for murdering white people - the Death Penalty Information Center reported. Studies have found that the victim’s race also influences the likelihood of the death sentence being applied. Innocent Black people are seven times more likely to be wrongfully convicted of murder than innocent white people, according to the National Registry of Exonerations. The use of racial stereotypes is known to contribute to wrongful conviction and sentencing.
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The victim’s fingernail clippings, which have now disappeared, were particularly crucial as the prosecution argued at trial that the victim had scratched her attacker. However, the State is unable to account for the crucial pieces of evidence that have mysteriously gone missing. Payne’s lawyer’s submitted the results of the testing to the court, which included male DNA from an unknown third party, but it was too degraded to identify an alternate suspect using the FBI’s database. Last year, the Shelby County Criminal Court ordered testing and on Jan. For decades, the evidence in this case went untested. Key evidence from the case that could identify the actual perpetrator of the crime - including the victim’s fingernail clippings - have gone missing. Payne has consistently said he did not commit this crime and that he was an innocent bystander who happened upon the crime scene and tried to help.Ģ. Pervis Payne has always maintained his innocence. Payne’s intellectual disability, hid evidence, and evoked racist stereotypes to convict him.ġ. Here’s what you need to know about his case - including how the prosecution exploited Mr.
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Will you help us reach 1 million supporters? Add your name and share with 5 friends. Payne, who lives with an intellectual disability, was shocked by the bloody scene. Payne has always maintained his innocence and said that he was waiting for his girlfriend to return to her apartment in Millington, Tennessee, one afternoon in June 1987, when he discovered that her neighbor, Charisse Christopher, and her children had been brutally attacked. And testing of some evidence was completed and submitted to the court in January 2021 however, key pieces of evidence mysteriously went missing before testing could be done. Payne’s case that had never been tested before and could help prove his innocence. The Innocence Project joined Kelley Henry’s team at the Federal Public Defender’s Office in Nashville and the Milbank firm in filing a legal petition on Jfor DNA testing of evidence in Mr. Payne a temporary execution reprieve, which set to expire on April 9, 2021. Yet, despite having no prior criminal record and living with an intellectual disability, he was sentenced to death in Tennessee. Pervis Payne has maintained his innocence for more than 30 years. ET: Updates were made to reflect the latest facts.