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News Pervis Payne, who has an intellectual disability, has maintained his innocence for 33 years on death row in Tennessee. Photo courtesy of PervisPayne.

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Updated on March 16, at p. ET: Updates were made to reflect the latest facts. Pervis Payne has maintained his innocence for more than 30 years. Yet, despite having no prior criminal record and living with an intellectual disability, he was sentenced to death in Tennessee. Governor Bill Lee granted Mr. Payne a temporary execution reprieve, which set to expire on April 9, And testing of some evidence was completed and submitted to the court in January ; however, key pieces of evidence mysteriously went missing before testing could be done.

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 Junewhen he discovered that her neighbor, Charisse Christopher, and her children had been brutally attacked. Payne, who lives with an intellectual disability, was shocked by the bloody scene.

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Despite his panic, he tried to help, but as soon as he saw the police arriving, he had a sinking feeling that he would be mistaken for the attacker. His fear soon became reality. Payne was arrested later that day, and the following February was convicted of murder and sentenced to death. More than three decades later, he is still on death row. Pervis Payne, age 7. Photo courtesy of the Payne family. Pervis Payne has always maintained his innocence.

For 33 years, Mr. 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.

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For decades, the evidence in this case went untested. However, the State is unable to for the crucial pieces of evidence that have mysteriously gone missing. Payne had no motive to commit such a crime. Payne, who lives with an intellectual disability, is described by those who know him as kind and respectful.

He loved to make his sisters and mother laugh and helped his father out at his church in any way he could. In the absence of a clear motive, the prosecution argued that Payne had taken drugs, looked at a Playboy magazine, and was looking for sex when he approached the victim.

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They argued that he attacked her after she rejected him. But there is no evidence that Payne had used drugs that day and he did not have a history of drug use, nor a criminal record. Image: Courtesy of the Payne family. The prosecution employed racial stereotypes to portray Mr. Payne, a Black man, as a hypersexual and violent drug user, who attacked a white woman. Shelby County, where Mr. Payne as a drug-using, aggressive, hypersexual Black man. The use of racial stereotypes is known to contribute to wrongful conviction and sentencing.

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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. Nearly Black people accused of murdering white people have been executed since — approximately 14 times more than the of white people executed for murdering white people — the Death Penalty Information Center reported.

Payne lives with an intellectual disability, which means it is unconstitutional to execute him. Growing up Mr. Payne struggled in school and, despite his best efforts, was not able to graduate. His teachers say he put in a lot of effort, but had difficulty learning to read, spell, and do math.

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Growing up, he had trouble with chores like cooking and doing laundry, and needed help feeding himself until he was 5. Because of his disability, Mr. Payne was not able to fully participate in his defense and was not a strong witness on his own behalf. At the time of his trial, Mr. Payne has an intellectual disability.

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Tennessee ed a law that protects Mr. Payne from execution due to his intellectual disability, under the Supreme Court ruling on Atkins vs. Payne has presented undisputed evidence of his intellectual disability, there is no mechanism at this time for him to present his intellectual disability claim. Hardaway, filed a bill on Nov. Payne and others to present their intellectual disability claims. Lee ed the bill into law. Shortly thereafter, attorneys for Mr.

Payne, as a person with an undisputed diagnosis of intellectual disability, is categorically barred from execution. There are other suspects. At the time, investigators excluded him as a suspect because he was serving a sentence for aggravated assault at Fort Pillow State Penitentiary, a minimum security prison, at the time of the murders.

However, an employee of the prison has since admitted that it was common for minimum security inmates to leave the prison during the day without repercussions, meaning it would have been possible for him to visit the victim and potentially perpetrate the crime while serving his sentence. Additionally, a man was seen running from the crime scene shortly before Mr. Payne discovered Christopher in her apartment.

Attorneys say the prosecution’s theory of the murder case was ‘concocted out of whole cloth’ and based on ‘outdated racial stereotyping.’

Both Mr. Payne and another eyewitness also saw this man. Bill Lee must take path of love and commute death sentence of Pervis Payne. Share this story Help us advocate for the innocent by sharing the latest news from the Innocence Project. Thank you for visiting us.

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You can learn more about how we consider cases here. Please avoid sharing any personal information in the comments below and us in making this a hate-speech free and safe space for everyone. our mailing list. If there is no real evidence that Pervis Payne did these crimes.

He needs to be set free. Innocent until proven guilty. A lots if people gave gave false confessions due to things like uneducated, they are simply tired, and so much more. All evidence should be considered snd if this man has an intellectual impairment, he should not be executed.

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Rodney Reed has been on death row in Texas for more than 23 years for a crime he's always said he didn't commit. His legal team presented evidence in a hearing before a judge. Press Release.

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Special Features. By Daniele Selby.

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