John —

For the past 34 years, Pervis Payne was on death row in Tennessee for a crime he didn't commit.

In November, Pervis was removed from death row when the Shelby County District Attorney conceded that he is indeed a person living with an intellectual disability, making it unconstitutional to execute him.

Then, on Jan. 31, 2022, the Shelby County Criminal Court ordered that Pervis’ two life sentences, and a related 30-year sentence, would run concurrently. This means that Pervis should be eligible for parole consideration within five years — but District Attorney Amy Weirich has since appealed this decision, further delaying justice for him.

We have to fight back against this. Today is Pervis’ birthday, so we’re asking everyone to help give him the gift of freedom by urging D.A. Weirich and A.G. Slatery to withdraw the appeal of the Criminal Court’s decision:

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Pervis has a strong and compelling case for innocence. He had never been arrested before and had no history of violence. His case was riddled with racial discrimination and racist stereotypes.

“The plain fact is, Pervis Payne is no threat to society and he never was,” said Kelley Henry, attorney for Pervis. “Over two days, the court heard from 19 witnesses on Pervis’ behalf, including three wardens and a corrections officer, who testified that Pervis cared for him when he was attacked in prison and waited with him until medics arrived. Pervis’ prison record, which spans over 2,700 pages, is unblemished.”

We're not done fighting for Pervis. We’re going to keep pushing until we uncover the truth and Pervis is exonerated.

In the meantime, help us celebrate Pervis’ birthday by contacting the D.A. and A.G. and telling them to withdraw the appeal of the Criminal Court’s decision, and allow Pervis to be up for parole within five years:

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Thank you so much,

— The Innocence Project Team



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The Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. Founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University, the organization is now an independent nonprofit. Our work is guided by science and grounded in antiracism.

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