John —

As we approach his scheduled execution, the fight for justice for our client Pervis Payne is picking up steam. Last week, the Memphis chapter of the NAACP, legislators, social justice advocates and faith leaders gathered at the National Civil Rights Museum to call for DNA testing in Pervis’ case and to demand reforms.

And the next day, I laid out the many reasons the evidence in Pervis’ case must be tested for DNA before the Shelby County Criminal Court.

This evidence has never been tested before and could help prove Pervis’ innocence and stop Tennessee from moving forward with his execution. In court, we presented several cases in which DNA from the crime scene proved wrongful convictions — including that of our client Clemente Aguirre, who, much like Pervis, had found the victims he was accused of killing in a state of distress and had tried to help. And a DNA expert testified that testing of the evidence in Pervis’ case could match the crime scene evidence to someone else through a search of the DNA databases. This testing can be done within 60 days.

After listening to these arguments, the judge announced that she will issue a ruling on whether or not to allow DNA testing on Sept. 16.

Knowing that a growing community stands with us in calling for the truth in Pervis' case inspires us to keep pushing forward on behalf of Pervis and his family. Pervis, a Black man who has an intellectual disability, has been on death row for 33 years now, based on a rush to judgment and no meaningful investigation into other suspects. Throughout that time, he has always maintained his innocence.

Currently, Pervis is still scheduled to be executed on Dec. 3, which means the fight isn’t over yet. We hope you’ll join us in continuing to push for the justice Pervis and his family deserve.

We have a lot of work ahead of us, and I’m so glad to have you all by my side in the fight for the innocent. 

Thanks,
Vanessa Potkin

Vanessa Potkin
Director, Post-Conviction Litigation
Innocence Project
P.S. If you haven’t yet signed the petition to show your support for Pervis and oppose his execution, add your name today.
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The Innocence Project exonerates the wrongly convicted through DNA testing and reforms the criminal justice system to prevent future injustice.
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