Stay granted for Dec. 12 execution

Friday, December 7, 2007 at 4:05pm

A federal judge in Nashville on Friday ordered a stay of the Dec. 12 execution by way of lethal injection of Tennessee death row inmate Pervis Payne.

Payne, who was convicted of the 1987 fatal stabbing of a woman and her daughter in Memphis, had asked for a stay in light of both the recent decision by another federal court judge in Nashville that the state’s lethal injection method — a three-drug cocktail — could constitute cruel and unusual punishment, and the United States Supreme Courts’ decision to take up a similar challenge in Kentucky.

“As grounds for a stay, Plaintiff contends that in Harbison, Judge Trauger held that the Defendants’ Execution Procedures for Lethal Injection violated the Eighth Amendment and that the United States Supreme Court granted a merits review to decide whether a similar lethal injection protocol violates the Eight Amendment,” District Judge William H. Haynes Jr. wrote in his Friday opinion.

In ordering the stay, Haynes rejected the state of Tennessee’s argument that “The United States Supreme Court’s grant of certiorari to decide the constitutionality of a three drug protocol for death sentences does not provide a basis for a stay of the Plaintiff’s execution.”

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By: idgaf on 12/31/69 at 7:00

Why didn't they name the judge?Who,What,Where and Why, the basis for any newspaper story.

By: revo-lou on 12/31/69 at 7:00

Id, they did name the judge, William Haynes.

By: MJB on 12/31/69 at 7:00

This ruling is a start. I wish that William Haynes had taken the next logical step & found state-killing—no matter what the procedure, cruel & unusual. It’s only a matter of time, I know, but I’d rather not kill any more.If only we had a state government w/ the gumption & insight to see that killing is wrong. We could join the states w/ lower crime rates & stop killing our own citizens.

By: serr8d on 12/31/69 at 7:00

Charisse Christopher had sustained forty-two direct knife wounds and forty-two defensive wounds on her arms and hands. The wounds were caused by forty-one separate thrusts of a butcher knife. None of the eighty-four wounds inflicted were individually fatal; rather, the cause of death was most likely bleeding from all of the wounds. The body of Charisse was found lying on her back with her legs fully extended. Her shorts were pushed up on her legs and a used tampon was found beside the victim’s lifeless body. Lacie’s body was on the kitchen floor near her mother. She had suffered nine stab wounds to the chest, abdomen, back, and head. One of the wounds cut the aorta and would have been rapidly fatal. The murder weapon, a butcher knife, was found at her feet. Payne’s baseball cap was recovered from Lacie’s forearm - her hand and forearm sticking through the opening between the adjustment strap and the cap material.I wonder what Charisse would have bought for Nicolas and Lacie, if they had been alive this Christmas? Lacie was 2 and a half, Nicholas was 3 and a half, when they were killed.Of course, since the killings happened in 1987, 21 Christmases have come and gone. There could have been grandchildren for Charisse to spoil...

By: revo-lou on 12/31/69 at 7:00

Well, serr, just ask MJB, a little coddling will make this all okidoke!!!!

By: blueknight on 12/31/69 at 7:00

By: MJB on 12/7/07 "This ruling is a start. I wish that William Haynes had taken the next logical step & found state-killing—no matter what the procedure, cruel & unusual. It’s only a matter of time, I know, but I’d rather not kill any more." Is this the start or the same ruling that gets handed down over and over and then overturned and then the criminal gets the punishment that he deserves? If I send you some crime scene photographs of 2 year old victims, would you change your mind? Look at the facts in this case. Hopefully you are a Christian and when you get to Heaven, everything will be explained to you. How can you look at this issue without looking at the fact that a 2 year old victim was stabbed with a butcher knife? If ever the punishment fit the crime it's in this case. How can you aid this man in taking another breath?

By: revo-lou on 12/31/69 at 7:00

blueknight – Your points are right on and valid, but you will never get through to MJB. Trust me, we have all tried. Some people live in a very “unique” world, blind to whatever they don’t like and under an assumption that if they wish for it hard enough it will come true. Oh, and also, they are never wrong and if you don’t agree with them, like me, and call them out on that, then you “can not be reasoned with”. But, you don’t need to take my word for it, just wait for the response comment from her/him (no one really knows anymore, due to a change in statements from post to post). As long as you remain clam, don’t be accusatory, and call mean nasty names, you will learn to laugh that such a person can function in the real world. It really is a very interesting study.Now she/he may not post after this, just to prove me wrong and spite me, you never know what the ego will let happen, but if not now, watch for a few days, and what I state will become evident. Enjoy!

By: MJB on 12/31/69 at 7:00

What would Charisse have bought for Lacie or Nicholas? I don’t know. What I do know, S8, is that the paragraph you copied is taken from a website devoted to killing. It is not taken from a news story or from a police report. Thus, by repeating these “facts”, you are merely wallowing in purple blood & gore at the expense of two people (not three) murdered by a mentally handicapped man in an intoxicated state. Congratulations.What would Charisse have bought for Lacie or Nicholas? I don’t know. What I do know is that our killing Pervis Payne won’t get Lacie or Nicholas any more gifts, won’t bring Charisse or Lacie back to life, and will do no one any good. Further, it keeps costing us thousands upon thousands of dollars, much more than life imprisonment.What would Charisse have bought for Lacie or Nicholas? I don’t know. What I do know, since you are concerned w/ Charisse, is that you wouldn’t’ve approved of her at all, S8. She had been having sex since she was fourteen. She & her on-again, off-again boyfriend slept w/ Lacie the night before she was killed. Now, does this mean Charisse should’ve been killed? Obviously not. Nor does it mean that Payne should be killed. Remember my stance here is that no one should be killed—not Charisse, not Lacie, not Pervis.Since you want to focus on personalities, S8, then you should know that Payne was a regular church-goer, a borderline retarded man, who liked to work w/ children at his church, helping them play the drums; who had the reasoning ability of a ten-year-old (which, admittedly, places him above many of the people on this website); that he had no prior criminal record; that he drove a friend’s son to band practice, & other people to church; and that, though he was obviously high & drunk, he was found guilty of pre-meditated murder.Blue, as a Christian, you have no choice but to be against the killing of Payne. Yeshua was very clear on this point. The notion of punishment fitting crime is NOT a Christian notion. A Christian notion is forgiveness & turning the other cheek. (“Forgive not seven times, but seventy TIMES seven times.”)