Kelley Henry, Pervis Payne’s Legal professional, made the next assertion:
“The Decide thought of this matter thoughtfully and intentionally and did the best factor by making the sentences concurrent. She adopted Tennessee legislation, which favors concurrent sentences and locations the burden on the State to show that consecutive sentencing is important to guard the general public. The Shelby County D.A. was successfully asking for a sentence of life with out parole – which isn’t licensed beneath the legislation. The plain reality is, Pervis Payne is not any risk to society and he by no means was.
“Pervis had by no means been arrested earlier than and has at all times maintained his innocence. Over two days, the court docket heard from 19 witnesses on Pervis’ behalf, together with three wardens and a corrections officer who testified that Pervis cared for him when he was attacked in jail and waited with him till medics arrived. Pervis’ jail document, which spans over 2,700 pages, is unblemished. Jail officers additionally testified that Pervis will qualify for the bottom safety stage doable due to his good document.
Urge D.A. Weirich NOT to delay justice for Pervis
“Residents from our group testified that they’ve gotten to know Pervis via volunteering for packages on dying row. They describe Pervis as light, form, non secular, and useful. Pervis’ household and mates described Pervis as a candy, loving baby who was near his mother and father and beloved to snicker. They described a tight-knit group which, if Pervis is granted parole, will welcome him residence and assist him navigate a really totally different world than the one he left in 1987.
“You will need to know that the Decide doesn’t have the authority to grant Pervis parole. The parole board is the one entity that may. They’ve strict pointers and procedures which have to be adopted. As a result of Pervis has been on dying row, not like different prisoners, he’ll obtain no credit score for good conduct.
“We’re profoundly grateful to Gov. Lee, Rep. GA Hardaway, and the Tennessee Legislature, for answering the decision of the Tennessee Supreme Courtroom to modernize our state’s mental incapacity legislation which paved the way in which to eradicating Pervis from dying row. With out them, Pervis can be dealing with execution. We’re equally grateful to our broad and various nationwide coalition of supporters, together with greater than 150 religion and group leaders proper right here in Memphis.
“We’re grateful to the Innocence Undertaking for partnering with us to assist show Pervis’ innocence.
“Our work just isn’t but accomplished. This journey will proceed till we uncover the reality and Pervis is exonerated.
“Pervis’ father, Pastor Carl Payne, who is almost 80 years previous, was in a position to hug his son for the primary time with out the specter of an execution hanging over their heads. Annually on the holidays, Pervis’ late mom would say hopefully and prayerfully, Pervis is coming residence this yr. It has taken far too lengthy, however right now, there’s a likelihood that Pervis actually will come residence – even when it received’t be proper now.”
— Kelley Henry, Pervis Payne’s Legal professional
— January 31, 2022
Decide Skahan’s order may be considered here.
Summaries of the testimony in assist of Pervis Payne seem here.
Background on Pervis Payne’s innocence case seems at www.pervispayne.org