Tennessee Death Row Inmate’s Execution Quashed, Prosecutors Push For Consecutive Life Sentences

Execution of Pervis Payne, the Tennessee death row inmate who has been in prison for double murder, was quashed Tuesday morning.

Kelley Henry, lawyer of Payne, who was sentenced to death in the 1987 murders of a woman and her daughter, had argued that he is intellectually disabled due to which he cannot be executed under the Tennessee law. He cried and hugged his lawyer after the judge vacated his death sentence.

After the hearing Tuesday in a Memphis courtroom, Henry told reporters that her client just hugged her and said "thank you," over and over again, reported ABC News. She told her client, who has maintained his innocence in the case, that it was alright, and said, "I got you." Henry said that never again will Payne wake up in the morning wondering if "his life will be extinguished by the state of Tennessee."

Payne’s father, Carl, feels that justice has prevailed, and he can go home and relax, according to FOX13 Memphis. Payne’s sister, Rolanda Holman, said that her family will continue fighting for his freedom.

Even though he has been taken off death row, the death sentence would be converted to life terms, said District Attorney Amy Weirich’s office, according to News 3 Channel. His intellectual disability could not be disproved, Weirich said last week, as a result, she announced that she would not pursue the death penalty.

Payne was on death row after Charisse Christopher and her two-year-old daughter were stabbed to death in 1987 in Millington, Tennessee. Henry said that someone is going to come forward and reveal who really committed the crimes and her team will not rest until "Payne’s name is clear."

Weirich said that her office met family of the victims, and they understood why the decision was taken by the judge even though they were not happy about it.

Before the Tuesday’s hearing came to an end, the judge ordered both parties to prepare themselves for sentencing to determine how much longer he needs to stay behind bars. Payne will be resentenced on Dec. 13, and his lawyer hopes he is allowed for parole in six years, so they will request the court to set his sentences to run concurrently, and not consecutively.