The Tennessee Supreme Court on Monday set dates for two more executions in 2020, further cementing the state's status as a national outlier as use of the death penalty continues a broad decline.
The latest order from the state's high court sets execution dates for Byron Lewis Black and Pervis Tyrone Payne.
Black, 63, will be executed Oct. 8, according to the order.
Black was sentenced to death after his convictions for the 1988 murders of his girlfriend, Angela Clay, and her two daughters, Latoya and Lakeisha Clay in Nashville.
Black's attorney, federal public defender Kelley Henry, said he should not be eligible for execution because he had "lost his sanity."
He has an IQ of 67, brain damage and schizophrenia, Henry said. She said he was also physically infirm, and needed two hip replacements.
"He gets around the prison by being pushed in an office chair with wheels,” Henry said in a statement.
Payne's execution was set for Dec. 3.
Payne, 52, was convicted for the 1987 murders of Charisse Christopher and her 2-year-old daughter, Lacie, in Memphis. Payne also was convicted of intent to murder Christopher's 3-year-old son, Nicholas.
Payne maintains his innocence in the case.
"He was convicted because he was unable to assist his attorneys in making his defense and made a poor witness who was no match for the experienced prosecutor," said Henry, who also represents Payne.
Henry called for testing on new DNA evidence and said Payne should be ineligible for the death penalty because he was intellectually disabled.
State shows no signs of slowing its pace on executions
Tennessee had gone years without executing any death row inmates. But seven people have been put to death since August 2018, with sentences being carried out at a steady clip.
Nicholas Todd Sutton was put to death on Feb. 20. Black and Payne join two other death row inmates with execution dates in the coming months.
The state Supreme Court previously ordered Oscar Franklin Smith to be put to death on June 4. Harold Wayne Nichols's execution is set for Aug. 4.
There is no sign that officials plan to slow the pace of executions.
The state attorney general has placed pending requests for execution dates for five additional death row inmates.
Source: tennessean.com, Adam Tamburin, February 24, 2020
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