Judge Grants DNA Testing in 1987 Murder Case
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Public Records & Notices Monitoring local real estate since 1968 View a complete day’s public records Subscribe Presented by and notices today for our at memphisdailynews.com. free report www.chandlerreports.com Friday, September 18, 2020 MemphisDailyNews.com Vol. 135 | No. 127 Rack–50¢/Delivery–39¢ Empty chairs, stage demonstrate problems for live-events industry TOM BAILEY a stage dotted the vast, riverside celebrations, concerts and other led the local part of a national, the 6-month-old Live Events Courtesy of The Daily Memphian lawn Tuesday afternoon, Sept. face-to-face activities for crowds. “Empty Event” effort. Coalition. Those strolling through Tom 15.The answer: No one. That means the 12 million peo- Similar “Empty Event” dis- The purpose of the “Empty Lee Park might have wondered Which was the point of “Emp- ple who earn a living setting up plays have happened or are Event” spectacles is not only to who would be hosting the fancy ty Event,” a combination of stage events, securing them, entertain- planned in New York City, Wash- bring attention to how COV- outdoor event. Forty-eight ta- craft, pop-up public art and press ing for them and decorating them ington, D.C., Boston, San Di- ID-19 has crushed the live-events bles with centerpieces and table conference. Practically no one are struggling to find work. ego, Texas, Kentucky and Den- clothes, 384 seats, two bars and is staging business meetings, Memphis-based LEO Events ver, all under the umbrella of EMPTY CONTINUED ON P2 DNA testing of crime scene evidence that includes a knife used in the murders, eyeglasses, and blood- Judge grants DNA testing in stained items such as a washcloth, clothing of Payne and the victims, curtains, a rug, stuffed animals and a tampon. This evidence has never been tested. The judge denied the request in the petition for 1987 murder case testing of fingerprints, saying the Post-Conviction DNA Analysis Act does not allow for fingerprint testing. She also denied testing of fingernail clip- pings, swabs and other clothes because the evi- dence could not be located. “Having conducted a hearing and after review- ing the parties’ filings and the relevant authorities, the court concludes the petitioner has established he is entitled to DNA testing,” Skahan said in her 48-page order granting the request for post-con- viction DNA testing. Shelby County Assistant District Attorney Steve Jones asked the court to allow the testing to be done by the Tennessee Bureau of Investigation. The judge denied this motion and said the testing would be conducted by the DNA expert hired by the defense attorneys. DNA expert Alan Keel testified during a hear- ing on Sept. 1 that DNA technology has advanced dramatically since 2006, the last time Payne’s at- torneys submitted a petition for DNA testing. The state Supreme Court rejected that effort. The judge agreed in her order stating: “The possibility of finding DNA, regardless of whether it belongs to Mr. Payne, a third party, or both, is far greater now than it was in 2006 and 2007, given advances in DNA technology and the expanded pool of DNA in CODIS,” the Combined DNA Index System. Keel testified that if the DNA evidence in Payne’s case is allowed to be tested, he could get Shelby County Criminal Court Judge Paula Skahan on Wednesday, Sept. 16, granted Pervis Payne’s request to have DNA testing it done in 45 to 60 days. He said it could be put done on previously untested crime scene evidence. Payne was convicted in the 1987 murders of a Millington woman and her young through the FBI’s database to see if it matches the daughter. (Patrick Lantrip/Courtesy of The Daily Memphian) DNA profile of someone else. YOLANDA JONES spare his life as he faces execution in Christopher’s 3-year-old son, Nicholas, Payne’s attorneys told the court that the state Courtesy of The Daily Memphian three months. survived multiple stab wounds. would not have to pay for the testing. Instead the A judge has ordered DNA testing on Pervis Payne, 53, is scheduled to Shelby County Criminal Court nonprofit, The Innocence Project, which is part crime scene evidence of a 1987 double be executed Dec. 3 for the 1987 slay- Judge Paula Skahan ruled on a peti- of Payne’s legal team, would foot the bill for the homicide that a Shelby County man ings of Charisse Christopher, 28, tion during a brief hearing Wednesday, hopes will prove his innocence and and her 2-year-old daughter, Lacie. Sept. 16, and ordered the expedited DNA CONTINUED ON P2 INSIDE Public Records ................ 4 Public Notices ............... 19 memphisdailynews.com chandlerreports.com Marriage licenses are unavailable ©2020 The Daily News Publishing Company A division of The Daily News Publishing Company while Shelby County Clerk’s O ce Memphis, Tennessee The standard for premium real estate Established 1886 • 135th year information since 1968 reviews internal policies for its digital Call 901.523.1561 to subscribe Call 901.458.6419 for more information platforms. Page 2 MemphisDailyNews.com Friday, September 18, 2020 DNA CONTINUED FROM P1 and found the victims inside. He said Vanessa Potkin, director has been racially-charged from said in an emailed statement. testing. The Innocence Projects testified that he pulled the knife of post-conviction litigation at the start.”On Monday, Sept. 14, Some of Payne’s family who maintains that testing should out of Charisse Christopher’s The Innocence Project. “When Payne’s defense team, including attended the hearing said they have been done during Payne’s body. When police arrived on the DNA evidence exists in a death lawyers with The Innocence Proj- were elated that the judge grant- trial and after subsequent mo- scene he said he got scared and penalty case, as it does here, it ect and federal public defender ed the testing.“We are pleased tions filed requesting DNA test- fled. He was later found hiding in should always be tested to avoid Kelley Henry, filed a complaint with it. That’s all we asked for the ing in the case. his former girlfriend’s attic and the irreversible act of execut- asking a federal court to stop the DNA, so truth can be told,” said Payne was convicted in 1988 was arrested. He told police that ing an innocent man. Mr. Payne state from carrying out Payne’s Payne’s cousin, Karen Anderson. of the murders of Christopher, a man fled from the apartment never should have been put on execution on the basis that he is “We expect victory after the test- a divorced mother of two, and as he entered it. death row because he has an in- intellectually disabled. ing. It has been a long time com- her daughter. They were living No one but Payne was ever tellectual disability.” Shelby County District Attor- ing and I am elated right now in Hiwassee Apartments in Mil- charged in the case. Potkin added, “The U.S. Su- ney General Amy Weirich also is- about this result.”Anderson and lington when the 1987 murders After the petition was grant- preme Court has banned the sued a statement about the court her husband, Adrian Anderson, occurred. Payne’s girlfriend lived ed Wednesday to test the DNA execution of people with intel- allowing the DNA to be tested. said they never gave up hope in the apartment complex and in the case, Payne’s legal team lectual disability, making the “We will not be appealing this and their faith has gotten them Payne said that he was await- emailed a statement about the State’s pursuit of Mr. Payne’s ex- order. We will await the results of through the 33 years since Payne ing her return from a visit with judge’s ruling. ecution all the more appalling. the testing that defense assures was convicted of the crime and her mother when he heard nois- “The court’s thoughtful and We have been clear from the be- can be done quickly. We do how- sentenced to death row. es coming from Christopher’s reasoned decision to order DNA ginning that DNA testing can be ever have concerns that touch “The ruling is very emotional apartment. He went to investi- testing in Pervis Payne’s case completed within 60 days. DNA DNA has been deposited on the right now. One thing I do know gate and said he heard a cry for is just and in line with Tennes- testing is an important piece of items over the last 33 years since right now is that there is a God,” help. He went into the apartment see’s clear DNA testing law,” the puzzle in this case which the murders happened,” Weirich Adrian Anderson said. EMPTY CONTINUED FROM P1 • Coat check attendant industry, but to ask local, state and na- • Catering sales manager tional governments to help the industry. • Cleaning crew And to ask the public to trust that live- • Banquet sales manager event businesses can organize events in a • Stage decorator rule-abiding, science-based and safe way, • Stage manager Kevin Brewer said. • Sponsorship coordinator “We were loading an event for Walmart • Speech writer back in March when the shutdown hap- • Stagehand pened,” the principal of Memphis-based • Exhibit builder LEO Events said of a Walmart meeting • Trade show manager scheduled for San Antonio. “So we had to • Magician close everything up and pack up. • Auctioneer “And then all the live events we had • Comedian scheduled throughout the year canceled. • Director of special events … And even now going into the first quar- • Make-up artists ter of 2021.