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Pervis Payne: Tennessee death row inmate with 'intellectual disability' set to be executed without DNA testing

He was convicted in February 1988 for the brutal murder of Charisse Christopher and her children. Payne, a Black man who reportedly faces intellectual disability, was sentenced to death
PUBLISHED JAN 16, 2021
Pervis Payne (pervispayne.org)
Pervis Payne (pervispayne.org)

For 33 years, Tennessee death row inmate Pervis Payne has maintained his innocence. He was convicted in February 1988 for the brutal murder of Charisse Christopher and her children. Payne, a Black man who reportedly faces intellectual disability, was sentenced to death.

He is scheduled to be executed on April 9, 2021. However, no DNA testing of the murder weapon or other evidence was ever done that could actually prove Payne’s innocence. Thanks to the Innocence Project, an organization that works to free innocent prisoners, Payne’s case has again surfaced in the limelight. People across the world are now posting on Twitter to urge authorities to conduct a DNA test before Payne is executed. 

Pervis Payne’s crime and death sentence

In June 1987, Payne was reportedly waiting for his girlfriend one afternoon at her apartment in Millington, Tennessee, who was not home at the time. He suddenly discovered that her neighbor Charisse Christopher had been brutally attacked by someone, along with her children, all of whom were lying covered in blood.

Shocked by the scene, Payne started panicking. But, even with a proven intellectual disability, he tried to help the woman. However, the police arrived soon and found him at the crime scene. Payne was arrested and a few months later in February 1988, he was convicted of murder. He has been on death row ever since. 

Payne, who hails from a loving family, has always been recognized by his acquaintances as kind and respectful. Before his imprisonment, he led a happy life with his family, where he helped his father out at his church and shared a heartful relationship with his mother and two sisters. He struggled in school due to his difficulty in reading, spelling and doing math.

His family confirms that it is difficult for him to follow complex instructions, even the ones like driving to a new place. He always faced issues in doing basic chores like cooking or doing laundry. His disability was confirmed by doctors post his trial, as a result of which Payne did not have any support to participate in his defense during the trial and was not a strong witness on his own behalf. Also, since Payne has a confirmed intellectual disability, his execution would be unconstitutional.

Discrepancies in Payne's conviction

During the trials of his case, the prosecution claimed that Payne has used drugs, checked out a Playboy magazine, and was sexually motivated when he attacked his victim. However, Payne lacks any evidence of drug abuse on that day or ever in his life, and he has never had a criminal record. 

The Shelby County District Attorney in Payne’s case, Amy Weirich, has always opposed a DNA testing of the evidence recovered from the crime scene. Despite giving confirmation that actual evidence from Payne’s case still exists, Weirich continues to disallow DNA testing based on a 2006 decision, that was overruled by Tennesse Supreme Court in 2011. 

Incidentally, Weirich’s office has had a history of opposition to DNA testing. In 2006, another convict Sedley Alley was executed after being denied DNA testing of underwear found at his crime scene. 

Interestingly, Payne is not the only suspect in the case. Both Payne and another eyewitness claim to have seen another man running from the apartment before Payne discovered Christopher in a dying condition. However, the DA’s office has chosen to overlook this and Payne simply seems to be another innocent Black man being punished for a crime he did not commit. 

Reactions from Twitter

People across Twitter have raised their voices against Payne’s execution, which was postponed from December 2020 to April 2021 due to Covid-19 restraints. A petition has been launched by the Innocence Project to stop his execution without proper evidence. 

A user posted, "save pervis payne. we can’t wait until the last minute. please educate yourself, share and sign everything you can. this can’t keep happening." Another user posted details to help spread the word about Payne, "if you can please call to help pervis payne before its too late."



 



 

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