14 December 2021 :
Judge vacates 2 death sentences of Pervis Payne
A judge has vacated two death sentences for a prison inmate convicted of fatally stabbing a mother and daughter more than 30 years ago. Payne, now 54, Black, was sentenced to death in the 1987 killings of a mother and daughter, Charisse Christopher and her 2-year-old daughter, Lacie Jo, in the Memphis suburb of Millington. Christopher’s son, Nicholas, who was 3 at the time, also was stabbed but survived. Shelby County Criminal Court Judge Paula Skahan signed an order vacating Payne's 2 death sentences handed down more than 30 years ago. The judge took action after Shelby County district attorney Amy Weirich announced Friday that the state will no longer pursue its execution plans after an expert hired by prosecutors “could not say that Payne’s intellectual functioning is outside the range for intellectual disability." Payne's lawyers had filed a petition claiming Payne is intellectually disabled and brought in their own expert to examine him. 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. The 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. DNA tests failed to exonerate Payne. Weirich, the district attorney, has said the evidence overwhelmingly points to Payne as the killer and her office initially contested the intellectual disability claims. A knife that was used as the murder weapon, a washcloth and other bloody items were found at the scene. “While the evidence of Payne’s guilt has never change or weakened, the laws regarding alleged intellectual disability as it related to the death penalty have changed,” Weirich told reporters Friday. Henry and prosecutor Steve Jones are expected to present arguments in court Dec. 13 concerning the issue of consecutive versus concurrent sentences. Henry said she continues to look for evidence that could exonerate Payne. Payne also has received the support of clergy from the Church of God in Christ, and his family, including his elderly father Carl Payne and his sister, Rolanda Holman.
https://abcnews.go.com/US/wireStory/tennessee-judge-vacates-death-sentences-inmate-81357667
