Despite the availability of multiple pieces of untested evidence that could prove Pervis Payne’s innocence, yesterday, Shelby County District Attorney Amy Weirich announced she opposes DNA testing and filed papers asking the court to deny him testing.
The District Attorney’s Office confirmed that nearly every item of evidence requested has been preserved and is available for DNA testing — including the murder weapon, blood stains from the crime scene, and the victim’s fingernail scrapings. But the district attorney is trying to stand in the way of testing based on the fact that Pervis was denied testing nearly a decade and a half ago. Since then, the law has changed and so has the ability of DNA evidence to conclusively establish his innocence.
The district attorney also has argued that newly discovered bedding from the crime scene is unrelated to Pervis' case. Whether or not this is true, it doesn’t change the fact that critical evidence with the potential to exonerate Pervis and to identify the person who committed this crime exists.
This was a racially charged case where police zeroed in on Pervis — he was arrested within hours of the crime, and there was no meaningful investigation into other suspects.
The Innocence Project and Kelley Henry of the Federal Public Defender will continue to fight for the truth.
In a statement after the press conference, Kelley Henry said, “The district attorney is wrong to oppose DNA testing in Pervis Payne’s case. She is wrong on both the facts and the law.”
She added that there is “abundant” evidence from the crime scene that could prove Pervis’ innocence through DNA testing.
Pervis has been on death row in Tennessee for 32 years despite strong questions about his guilt and the fact that he’s living with an intellectual disability, and he’s scheduled to be executed on December 3, 2020.
The Innocence Project exonerates the wrongly convicted through DNA testing and reforms the criminal justice system to prevent future injustice. www.innocenceproject.org
