Tennessee Black Caucus of State Legislators Cordell Hull Building Suite 404 Nashville, Tennessee 37243 (615) 741-5625 Office (615) 253-0185 Fax (901) 949-1000 Cell

Rep. G.A. Hardaway, Sr. October 9, 2020 Chairman, Memphis District 93

Sen. Chairwoman-Emeritus, Memphis District 29 Dear Governor Lee, Rep. Vice Chairman, Knoxville District 15 The Tennessee Black Caucus of State Legislators (TBCSL) is writing to you to join in the request that Mr. Pervis Payne’s Rep. Secretary, Memphis death sentence be commuted to life imprisonment due to his District 91 intellectual disability.

Rep. Vincent Dixie Treasurer, Nashville It has been nearly twenty years since the U.S. Supreme Court District 54 held in Atkins v. Virginia, 536 U.S. 304 (2002), that executing

Rep. a person with intellectual disability violates the Eighth Parliamentarian, Memphis Amendment to the Constitution. Yet unless you, Governor District 85 Lee, exercise your power to grant clemency to Mr. Payne, a Rep. John DeBerry person with an undisputable intellectual disability, the State of Chaplain, Memphis Tennessee will commit a constitutional violation resulting in District 90 the death of an intellectually disabled Tennessean. Rep. Sergeant at Arms, Memphis District 98 Mr. Payne has presented a mountain of evidence, including expert reports showing an IQ in the intellectually disabled Rep. Larry Miller range and significant neurocognitive impairments. His Memphis - District 88 educational records reveal that he was reading at no better Rep. than the second-grade level in the seventh grade. Mr. Payne Memphis - District 84 failed to master even basic spelling. In spite of his very best Rep. Barbara Cooper efforts, Mr. Payne failed to graduate from high school. Memphis - District 86

Rep. The accounts of those who have known him all of his life Bolivar - District 80 describe how Pervis Payne needed to be hand fed until age

Rep. 5; how he could not handle basic household tasks such as Memphis - District 87 laundry; and how, even as a young adult he was unable to follow simple directions or retain information. No trial Sen. Brenda Gilmore Nashville - District 19 evidence, nor statements from District Attorney General Weirich's office have ever refuted any of these facts. Instead, Rep. Harold M. Love, Jr. Nashville - District 58 General Weirich's office has raised procedural objections which have kept the courthouse doors shut. Sen. Katrina Robinson Memphis - District 33

Rep. Chattanooga - District 28 TBCSL “A STATE NETWORK FOR POLITICAL EQUALITY”

Tennessee Black Caucus of State Legislators Cordell Hull Building Suite 404 Nashville, Tennessee 37243 (615) 741-5625 Office (615) 253-0185 Fax (901) 949-1000 Cell

Rep. G.A. Hardaway, Sr. Chairman, Memphis Despite receiving this uncontradicted evidence, and despite District 93 acknowledging that “Tennessee has no business executing Sen. Raumesh Akbari persons who are intellectually disabled,” Payne v. State, 493 Chairwoman-Emeritus, Memphis District 29 S.W.3d 478, 486 (Tenn. 2016), the Tennessee Supreme Court claims it can do nothing about the impending Rep. Rick Staples constitutional error of Mr. Payne’s execution. Vice Chairman, Knoxville District 15 Why? Because the Tennessee General Assembly has done Rep. London Lamar Secretary, Memphis nothing to create a path to justice for the intellectually District 91 disabled. We’ve failed those who need us most.

Rep. Vincent Dixie Treasurer, Nashville According to the court, the Tennessee Legislature has failed District 54 to provide a mechanism for the courts to address an Atkins

Rep. Jesse Chism claim for someone who, like Mr. Payne, was sentenced to Parliamentarian, Memphis death before Tennessee’s intellectual disability law was District 85 passed, and it refuses to exercise its inherent authority to

Rep. John DeBerry consider the claim. Chaplain, Memphis District 90 We acknowledge that the Tennessee General Assembly, for Rep. Antonio Parkinson its part, has failed to explicitly create a procedural path to Sergeant at Arms, Memphis relief. In other words, the judicial and legislative branches of District 98 the Tennessee government have abdicated any responsibility Rep. Larry Miller for ensuring Mr. Payne is not unconstitutionally executed. Memphis - District 88

Rep. Joe Towns The TBCSL intends to heed the call of the Court and will Memphis - District 84 present bipartisan legislation to patch this procedural hole in

Rep. Barbara Cooper Tennessee, and subsequently provide an opportunity to test Memphis - District 86 the evidence in the Pervis Payne case for DNA. The 111th

Rep. Johnny Shaw Tennessee General has adjourned sine die, subject to a call Bolivar - District 80 for Special Session, and the 112th Tennessee General Assembly cannot convene until January 12th; however, by Rep. Karen Camper Memphis - District 87 then, it will be too late for Mr. Payne to access the DNA evidence, that remains untested. Sen. Brenda Gilmore Nashville - District 19 That leaves the burden of preventing a miscarriage of justice Rep. Harold M. Love, Jr. upon you, Governor Lee. Only you possess the power to Nashville - District 58 prevent an unconstitutional, State sponsored execution by Sen. Katrina Robinson granting clemency to citizen Mr. Payne. Memphis - District 33

Rep. Yusuf Hakeem Chattanooga - District 28 TBCSL “A STATE NETWORK FOR POLITICAL EQUALITY” Tennessee Black Caucus of State Legislators Cordell Hull Building Suite 404 Nashville, Tennessee 37243 (615) 741-5625 Office (615) 253-0185 Fax (901) 949-1000 Cell

Rep. G.A. Hardaway, Sr. Chairman, Memphis District 93 The members of the Tennessee Black Caucus of State Legislators give our full support for a sentencing Sen. Raumesh Akbari Chairwoman-Emeritus, Memphis commutation. District 29 Mr. Payne’s case warrants your consideration for other Rep. Rick Staples Vice Chairman, Knoxville profoundly important reasons as well. You may be aware that District 15 the Shelby County DA had taken the public position that there

Rep. London Lamar was overwhelming evidence of Mr. Payne’s guilt. We have Secretary, Memphis respectfully suggested that they should re-evaluate their District 91 position. There is good reason to believe that Mr. Payne could

Rep. Vincent Dixie be completely innocent of the crime for which he was Treasurer, Nashville convicted. District 54

Rep. Jesse Chism Mr. Payne had no history of violence, no history of using illicit Parliamentarian, Memphis drugs, and he has always maintained his innocence. District 85 Nevertheless, in addition to exploiting his vulnerability due to Rep. John DeBerry intellectual disability, the prosecutors concocted a story of a Chaplain, Memphis District 90 drug-addled and sex-crazed Black man preying on a defenseless white woman. Rep. Antonio Parkinson Sergeant at Arms, Memphis District 98 This narrative played into deeply held racist stereotypes in a county with a notorious history of lynching Black men for Rep. Larry Miller Memphis - District 88 perceived insults to the “honor” of white women. It is hard to imagine that these themes did not have an unfair impact on Rep. Joe Towns the jury that sentenced Mr. Payne to death. Memphis - District 84

Rep. Barbara Cooper We find the District Attorney General’s resistance to Mr. Memphis - District 86 Payne’s lawyers' attempts to secure DNA testing of evidence Rep. Johnny Shaw that has gone untested for decades, to be extremely troubling. Bolivar - District 80

Rep. Karen Camper The State of Tennessee has nothing to lose by supporting the Memphis - District 87 testing in this case. Pervis Payne will lose his life. The initial

Sen. Brenda Gilmore opposition by prosecutors cost Mr. Payne valuable time and Nashville - District 19 delayed DNA testing for two months. Now, the test results will not be known until a few short weeks or days before the Rep. Harold M. Love, Jr. Nashville - District 58 scheduled execution of Pervis Payne.

Sen. Katrina Robinson Memphis - District 33

Rep. Yusuf Hakeem Chattanooga - District 28 TBCSL “A STATE NETWORK FOR POLITICAL EQUALITY” Tennessee Black Caucus of State Legislators Cordell Hull Building Suite 404 Nashville, Tennessee 37243 (615) 741-5625 Office (615) 253-0185 Fax (901) 949-1000 Cell

Rep. G.A. Hardaway, Sr. Chairman, Memphis It’s also important to note that despite the court’s instructions District 93 to General Weirich’s office to allow DNA testing; despite the

Sen. Raumesh Akbari fact that General Weirich’s office did not appeal the Judge’s Chairwoman-Emeritus, Memphis ruling; General Weirich’s office continues a public campaign District 29 to undermine the value of DNA testing in this case. Rep. Rick Staples Vice Chairman, Knoxville The testing, which could support Mr. Payne’s unwavering District 15 claims of innocence, has the power to bring justice to Mr. Rep. London Lamar Payne and his family. It is hard to imagine a deeper injustice Secretary, Memphis than to allow his execution before this testing can be District 91 completed. The possibility that an innocent man might be Rep. Vincent Dixie executed is the single greatest reason why the death penalty Treasurer, Nashville District 54 must be imposed rarely, and only when all procedural safeguards have been rigorously enforced. Those safeguards Rep. Jesse Chism have not been protected in Mr. Payne’s case. Parliamentarian, Memphis District 85 The District Attorney General office’s opposition to DNA Rep. John DeBerry Chaplain, Memphis testing in this racially charged case during these troubled District 90 times, raises serious concerns about the State of

Rep. Antonio Parkinson Tennessee’s commitment to seek justice for all, and to Sergeant at Arms, Memphis guarantee judicial equity for our citizens of color in Memphis, District 98 in Shelby County and in Tennessee.

Rep. Larry Miller Memphis - District 88 Without pursuing the full measure of available investigative

Rep. Joe Towns opportunities in the case of Mr. Pervis Payne, the state finds Memphis - District 84 itself precariously positioned to risk violating the constitutional rights of both the victim and the accused. Rep. Barbara Cooper Memphis - District 86 As Americans, we find ourselves bound by the legal Rep. Johnny Shaw obligations and the moral dictates of a civilized society, in the Bolivar - District 80 delivery of justice; while yet accommodating the delicate Rep. Karen Camper balance of the constitutional rights of the victim and the Memphis - District 87 constitutional rights of the accused. Sen. Brenda Gilmore Nashville - District 19

Rep. Harold M. Love, Jr. Nashville - District 58

Sen. Katrina Robinson Sincerely, Memphis - District 33 The Tennessee Black Caucus of State Legislators

Rep. Yusuf Hakeem Chattanooga - District 28 TBCSL “A STATE NETWORK FOR POLITICAL EQUALITY” Tennessee Black Caucus of State Legislators Cordell Hull Building Suite 404 Nashville, Tennessee 37243 (615) 741-5625 Office (615) 253-0185 Fax (901) 949-1000 Cell

Rep. G.A. Hardaway, Sr. Chairman, Memphis District 93

Sen. Raumesh Akbari Representative, G.A. Hardaway Senator, Katrina Robinson Chairwoman-Emeritus, Memphis TBCSL, Chairman District 29

Rep. Rick Staples Vice Chairman, Knoxville District 15 Senator, Raumesh Akbari Representative, Larry Miller Rep. London Lamar TBCSL, Chairwoman-Emeritus Secretary, Memphis District 91

Rep. Vincent Dixie Treasurer, Nashville District 54 Representative, Rick Staples Representative, Harold M. Love, Jr., Ph.D. TBCSL Vice Chairman Rep. Jesse Chism Parliamentarian, Memphis District 85

Rep. John DeBerry Representative Jesse Chism Representative, Karen Camper Chaplain, Memphis TBCSL Parliamentarian District 90

Rep. Antonio Parkinson Sergeant at Arms, Memphis District 98 Representative, London Lamar Representative, Joe Towns Rep. Larry Miller TBCSL Secretary Memphis - District 88

Rep. Joe Towns Memphis - District 84 Representative, Yusuf Hakeem Rep. Barbara Cooper Representative, Vincent Dixie Memphis - District 86 TBCSL Treasurer

Rep. Johnny Shaw

Bolivar - District 80

Rep. Karen Camper Memphis - District 87 Sen. Brenda Gilmore Representative, John DeBerry Sen. Brenda Gilmore TBCSL Chaplain Nashville - District 19

Rep. Harold M. Love, Jr. Nashville - District 58 Representative, Barbara Cooper

Sen. Katrina Robinson

Memphis - District 33 Representative, Johnny Shaw

Rep. Yusuf Hakeem Chattanooga - District 28 TBCSL “A STATE NETWORK FOR POLITICAL EQUALITY”