John —

Pervis Payne — a Black man living with an intellectual disability — spent the past 33 years on death row in Tennessee for a crime he’s always said he did not commit. Last month, he was finally removed from death row after the Shelby County District Attorney’s Office conceded that Pervis has an intellectual disability which makes it unconstitutional to execute him.

Although there was a possibility that Judge Paula Skahan might rule today on how Pervis will serve the rest of his sentence, instead she said she would issue a written ruling on his re-sentencing by Jan. 24, 2022, based on “compelling arguments” from both sides.

Over the past two days, 19 family, friends, and prison officials testified to Pervis’ “loving” and “gentle” character, and demonstrated that he would not pose a threat to society if released. In one instance, Pervis risked his life to save Captain Mosley, a veteran corrections officer, from an attack by another incarcerated individual that left him with 57 stitches. 

Judge Skahan will ultimately decide whether Pervis should be given consecutive life sentences — meaning he would likely die in prison — or concurrent sentences, which would make him eligible for parole within six years.

“Pervis has shown every day of his life the sort of person he is,” said Pervis’ attorney, Kelley Henry, after the hearing. “The theme from all of the people who know him who testified is that he is a person who helps … And what did he do on June 27, 1987? He tried to help people who had been attacked.”

“It is the State who had to prove that Pervis Payne is a danger and they failed.”

Pervis’ fight for freedom is far from over, and we won’t stop until he gets justice. Take a moment today to read some of the compelling remarks from Pervis’ re-sentencing hearing this week, and then share them on social media.

Text FREEPERVIS to 97016 to get the latest updates on his case.

With gratitude,

— The Innocence Project Team