News Summary
The Tennessee Supreme Court has ruled against delaying the execution of Byron Black, citing concerns over his implanted defibrillator potentially causing pain during lethal injection. Black, convicted of murdering three in 1988 and on death row since 1989, faces execution despite arguments regarding his mental health and medical conditions. His lawyers are seeking clemency as public advocacy grows, highlighting the implications of executing individuals with intellectual disabilities.
Nashville, Tennessee
The Tennessee Supreme Court has ruled that Byron Black’s implanted defibrillator will not be deactivated before his scheduled execution on August 5. This decision came after his legal team expressed concerns that executing Black without turning off the defibrillator could result in a “prolonged and torturous death” due to potential shocks from the device during the lethal injection process.
Black, 68, has been on death row since 1989 for the murders of his ex-girlfriend Angela Clay and her two daughters in 1988. His attorneys warned that the device could inflict severe pain, comparing the shocks to “a kick in the chest from a horse.” Initially, Davidson County Chancellor Russell Perkins ruled that the state must deactivate the defibrillator prior to the execution to avoid such distress.
Following this initial ruling, the state requested a modification, claiming it would be impossible to deactivate the device on the day of execution. They suggested it could be done the day before, but Black’s legal team rejected that alternative, leading to a continuation of the requirement for deactivation on execution day. The Tennessee Supreme Court noted that lower courts do not have the authority to modify execution orders in such a manner.
The implications of the ruling have been significant, with legal and medical officials involved in the case. Officials from Nashville General Hospital stated they had never authorized the deactivation of Black’s defibrillator, despite earlier claims made by the state. In addition, the Tennessee Supreme Court emphasized that if an agreement can be reached between Black’s attorneys and the state regarding the defibrillator, the high court’s ruling would not impede such an arrangement.
In the midst of ongoing debates surrounding the case, Black’s attorneys have sought a stay of execution while they continue to address the issues surrounding the defibrillator. However, the high court has yet to issue a ruling on this request.
Leading up to the scheduled execution, religious and political leaders have convened for an interfaith rally, urging Governor Bill Lee to grant clemency to Black. Advocates have raised concerns like Black’s intellectual disabilities and deteriorating health. Notably, the U.S. Supreme Court has ruled that executing individuals with intellectual disabilities is unconstitutional, raising questions about the legitimacy of Black’s execution considering that he has an IQ ranging from 57 to 76, which classifies him as intellectually disabled under current laws.
Despite his requests for a review of his death sentence on the grounds of his mental condition being repeatedly denied, advocates continue to press for reevaluation. Black’s last meal request has been documented by the Tennessee Department of Corrections and includes pizza with mushrooms and sausage, donuts, and butter pecan ice cream.
Although Black is eligible to select the electric chair as his method of execution, he has not made this selection. As a result, lethal injection will be the method used for his execution, marking it as the first under Tennessee’s new single-drug protocol, specifically utilizing pentobarbital. The new protocol has received criticism for allegedly lacking sufficient safeguards, leading to potential suffering during executions.
Additional changes to the execution process now include a 14-day monitored “death watch” period, significantly longer than the previous three-day protocol before an execution. As it stands, Black’s execution will proceed unless intervention occurs from either the U.S. Supreme Court or Governor Bill Lee.
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Additional Resources
- Nashville Banner: Byron Black Defibrillator Ruling
- News Channel 9: Tennessee Death Row Inmate Byron Black
- Tennessean: Disabled Tennessee Death Row Inmate
- WKRN: New TN Death Penalty Protocol
- AP News: Tennessee Execution and Death Penalty
- Wikipedia: Death Penalty in the United States
- Google Search: Byron Black Tennessee Death Penalty
- Google Scholar: Tennessee Death Penalty Protocol
- Encyclopedia Britannica: Death Penalty
- Google News: Byron Black
Author: HERE Nashville
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