Skip to main content

Tennessee death row inmate asks court to disable defibrillator before execution

Tennessee's death chamber
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


Comments

Most viewed (Last 7 days)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iran: Prisoner of conscience Mohsen Amir Aslani hanged for ‘different interpretation of Quran’

Mohsen Amir Aslani NCRI - The Iranian Resistance calls on the UN High Commissioner for Human Rights and the Human Rights Council, as well as all international human rights organizations to strongly condemn the execution of prisoner of conscience Mr Mohsen Amir Aslani on charges of “corruption on earth; changing Islam’s principles and secondary laws; and new interpretation of Quran”.  It further calls for adoption of binding decisions against the growing number of arbitrary executions by the religious fascism ruling Iran. Mr. Amir Aslani, 37, who had been in prison since eight years ago, was once sentenced to four years in prison which was later commuted to twenty-eight months. However, as more fabricated charges were brought against him, the head henchman Judge Salavati condemned him to death. The Iranian regime has refraining from handing over the body of this prisoner to his family through stonewalling and offering contradictory answers to them. The execution...

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Tennessee Reduced Training in IV Placement in New Lethal Injection Protocol

The protocol that took effect in 2025 sheds new light on Tony Carruthers’ botched execution, when Dr. Mark Fowler spent nearly an hour trying, and failing, to place a secondary IV line Tennessee’s lethal injection protocol adopted a year and a half ago appears to include reduced training in IV placement. That’s the part of the process prison staff failed to complete last month before aborting the execution of Tony Carruthers. Filings from ongoing litigation over the protocol show concerns about the executioners’ training and qualifications aren’t new. 

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

U.S. | Lethal injections are more likely to be botched, experts say

Tony Carruthers, a Memphis man on death row, is one of hundreds of people in the U.S. whose executions did not go as planned When the Tennessee Department of Corrections botched Tony Carruthers’ execution, it wasn’t surprising to Austin Sarat. He’s been researching and writing about “state killings” for decades. “Of all of the methods of execution used in the United States over the last 140 years, lethal injection has the highest rate of being botched,” said Sarat, a professor of law and politics at Amherst College. He said an execution is botched when it deviates from standard operating procedure or official legal protocol.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.