Tennessee death row inmate asks court to disable defibrillator before execution

NASHVILLE, Tenn. (WZTV) — A Davidson County judge held what is believed to be a first-of-its-kind hearing Monday morning over how the state will handle the scheduled execution of Byron Black.

Attorneys for the death row inmate asked the court to order the Tennessee Department of Correction to deactivate Black’s implanted defibrillator just before his lethal injection, arguing the device could interfere with the process if not properly shut off by a trained medical professional.

This case centers around Black’s attorneys asking for his heart medical device to be turned off at his execution on August 5. They said this is to prevent excruciating pain.

The hearing was a plea for Black to avoid what his attorneys call a torturous death, especially with his "severe health conditions."

“Executing Byron under these circumstances would be nothing less than grotesque,” said Kelley Henry, Black’s attorney. “This device will restart his heart, in the execution, causing him pain.”

A jury convicted Black in 1989 of the murder of his girlfriend Angela Clay and her two daughters, Latoya and Lakeisha.

Two witnesses took the stand for Black’s legal team at Chancery Court.

This included Dr. Gail Van Norman. She is an anesthesiologist and referred to herself as an expert with cardiac patients.

The state questioned her qualifications, and that was shut down by Chancellor Russell T. Perkins.

Even though it was not the focus, Dr. Daniel Martell testified that Black has intellectual and neurocognitive disabilities. Martell is a forensic neuro psychologist.

“He now has dementia, we call it a major neurocognitive disorder,” he said.

The state argued that testimony was irrelevant and inaccurate based on Black’s medical records, where he signed that he was competent for several years.

“Have you seen any document in Mr. Black’s medical records that were signed by Kelley Henry, public defender instead of Mr. Black?” asked Cody Brandon with the Attorney General’s office.

“No,” responded Dr. Martell.

Outside of Monday’s hearing, Black’s attorneys also wanted to stop his execution because of competency claims. However, the Tennessee Supreme Court has already denied hearing the matter. Blacks legal team is appealing.

There was no decision on Monday, but during the hearing, Black’s family was near the front row listening intently to the cross-examination of witnesses, hoping for a miracle.

The hearing was at 11 a.m. Monday and was open to the public.

Black, 68, is scheduled to be executed on August 5. He has multiple serious health conditions, including brain damage, dementia, congestive heart failure, and end-stage kidney disease. His attorneys say the ICD device, designed to shock his heart if it detects an abnormal rhythm, could respond to the lethal injection drug, potentially complicating the procedure.

The legal team is also seeking clemency from Governor Bill Lee. A new petition filed last week asks the governor to commute Black’s sentence to life without parole, citing the state’s own 2022 finding that Black meets the criteria for intellectual disability.

“There is no doubt that Byron Black is a person with intellectual disability, but the courts keep finding procedural reasons to deny him relief,” said attorney Kelley Henry. “Clemency exists for situations like this, where the courts are unable or unwilling to prevent a gross injustice.”

If carried out, Black’s execution would be the first in Tennessee’s modern era involving a person officially recognized as having an intellectual disability.

Source: fox17.com, Karen Aguilar, July 14-15, 2025

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde