
Judge orders Tennessee to turn off inmate's heart-regulating implanted device at execution
The order by Nashville Chancellor Russell Perkins comes ahead of the Aug. 5 execution of Byron Black. Black's attorneys have said that the implantable cardioverter-defibrillator could shock him in an attempt to restore his heart's normal rhythm after the single dose of pentobarbital, with the potential for multiple rounds of shocks and extreme pain and suffering.
The order requires the state to deactivate the device moments before administering the lethal injection, including having medical or certified technician professionals, plus equipment, on hand. The lower-court judge said the order will not serve to delay the execution, something he said he does not have the authority to do. He also said it doesn't add an undue administrative or logistical burden for the state.
Black's attorneys say the only surefire way to shut off the device is for a doctor to place a programming device over the implant site, sending it a deactivation command. It is unclear how quickly the state could find a medical professional willing to do the deactivation. Additionally, the state is almost certain to file a quick appeal.
The implantable cardioverter-defibrillator is a small, battery-powered electronic instrument that is surgically implanted in someone's chest, usually near the left collarbone. Black's was inserted in May 2024. It serves as a pacemaker and an emergency defibrillator. At a two-day hearing this week, experts offered clashing testimony on how it would act during the execution and what Black could feel if he is shocked.
Attorneys for the state deemed it highly unlikely that the pentobarbital would trigger the device's defibrillating function, and if it did, they say he would be unconscious and unaware, and unable to perceive pain. The state also said the lower-court judge lacked authority to order the device disabled.
Black's attorneys say the state is relying on studies that confuse unawareness with unresponsiveness. The inmate's team says research shows pentobarbital renders people unresponsive and causes them to experience amnesia after they undergo an operation, but it doesn't make them unaware or unable to feel pain..
Kelley Henry, an attorney for Black, said she is relieved by the ruling.
'It's horrifying to think about this frail old man being shocked over and over as the device attempts to restore his heart's rhythm even as the State works to kill him,' Henry said in a statement. 'Today's ruling averts that torturous outcome.'
A Tennessee attorney general's office spokesperson did not immediately respond to requests for comment Friday evening. Its previous filings say Black is trying to further delay justice for brutal murders.
Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting and wounding Clay's estranged husband.
Black has already seen three execution dates come and go, thanks to the COVID-19 pandemic and a pause on executions from Gov. Bill Lee after the Department of Correction was found to not be testing the execution drugs for potency and purity as required. Black's execution would be the second one under a pentobarbital protocol released in December.
Black is intellectually disabled, attorneys say
Black's attorneys have previously tried and failed to show that he should not be executed because he is intellectually disabled, and that would violate the state's Constitution.
The state Supreme Court recently declined to order a hearing over whether he is incompetent to be executed. A U.S. Supreme Court effort remains pending.
Black's legal team has filed a request for the governor to commute his sentence to life in prison. The letter asking for clemency says Black suffered from prenatal alcohol exposure and exposure to toxic lead as a toddler, compounding lifelong cognitive and developmental impairments.
The 69-year-old is now in a wheelchair, suffering from dementia, brain damage, kidney failure, congestive heart failure and other conditions, the clemency letter says.
Additionally, the clemency request says if he had delayed filing his intellectual disability claim, he would have been spared under a 2021 state law.
Black's motion related to his heart device came within a general challenge he and other death row inmates filed against the state's new execution protocol. The trial isn't until 2026.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Telegraph
5 minutes ago
- Telegraph
I was CO of the SAS. Here are four words our Special Forces need to hear from the PM
With war in Europe and new threats to this country around every corner, from autocratic tyrants like Putin, jihadists and deranged activists, we should be supporting and encouraging those who keep us safe not seeking new legal ways to artificially transform their past acts of military necessity into alleged human rights violations. The US Secretary of Defense Pete Hegseth spoke recently at the US Special Operations Forces (SOF) week outlining his nation's rock-solid support and admiration for those conducting complex counter-terrorist operations alongside their many allies, including the UK. For emphasis, and in recognition of the new threat of state-sponsored 'lawfare' against these guardians of our collective security, he passed on a personal note to their commander from President Trump which simply stated: 'I have your back'. This is exactly the unequivocal message our protectors need to hear as they advance towards a suspected suicide-capable terrorist hiding within a civilian population, without the blessing of perfect intelligence, time and resources. Contrast this to the way that our own leaders – political and military – stand silent as our own Special Forces are pursued by a toxic combination of creative journalists and lawyers, each keen to prove that historical state-directed operations in Northern Ireland, Iraq and Afghanistan were done in ways that should now be presented to the Crown Prosecution Service. This in many cases not due to any new evidence, incidentally – that would be reasonable – but simply because of a crafty interpretation of international laws created far from our sovereign legislature and sponsored by those that have no respect for either the realities of close quarter combat, or our need to defend ourselves. To the general dismay of potential volunteers to our armed forces and of our American allies, our public or parliamentary debate seems to dismiss the blood-stained experience of veterans as unreasonable or even fanciful. Self-effacing descriptions of the realities of combat are dismissed as mere cartoon stories and trumped by the creative opinions of human rights lawyers who seem to value the lives of our enemies ahead of those of our soldiers sent to defeat them. Energetic, combative and very well paid, these legal professionals demonstrate great skill at retrospectively transforming descriptions of close quarter combat into revisionist suggestions of human rights violations and even war crimes. No wonder recruiting numbers are falling or that our soldiers start to hesitate, fearing the long-term legal consequences of taking decisive action in a combat situation. To the many practitioners within the vital transatlantic counter-terrorism alliance it appears that the UK's application of the European Convention on Human Rights (ECHR) to the British way of war is starting to critically restrict its ability to stop terrorists and other bad actors from attacking our citizens or those of our allies. Can these staunch allies of ours still rely on the UK to deal with these common threats or are we becoming that type of fearful partner that simply prefers others to do the dirty work? To them, have we become nothing but a soft, compromised underbelly to be watched rather than the respected, self-sufficient bastion of old; a vulnerability rather than a strongpoint? Have we become a risky partner in sensitive operations, whose participation in joint operations carries the risk of inviting follow-on lawfare back into the courtrooms of our allies, even the USA? Such are the whispered and worried questions being asked in the global targeting rooms when considering UK potential contributions to today's fight. In the confusing and murky world of counter-terrorism where threats fade in and out of view in an instant, hesitation always leads to failure and death. This is a brutal reality known to both enemies and allies alike; exploited by the former, feared by the latter. There are never any second chances, and this is no place for unreliable, indecisive or gun-shy allies. Recognising this, let us hope that our own national leaders can offer the same reassuring support to our forces as shown by the US President in that simple but powerful promise to his team: 'I have your back'. For without it, they risk allowing the effect of this escalating lawfare to weaken the hand and confidence of our very special guardians just when we need them the most.


Daily Mail
7 minutes ago
- Daily Mail
Harrowing footage captures mom's anguished cries as sitter faces murder charge in death of baby girl
A mother's anguished grief is caught on bodycam footage after she realizes her 10-month-old girl is gravely ill - allegedly murdered by the babysitter. In the footage, Branda Nichelle wails 'Oh, my God' as she is told little Sylvie Zacovic has suffered life-threatening injuries. The sitter, Makenna Rhodes, 22, is now facing murder charges and will go to trial in October. The upsetting scenes unfolded on June 26, 2024, in Pekin, Illinois, when Nichelle broke down outside the home of the babysitter. Rhodes is set to go on trial for murder in the autumn, with bodycam footage unearthed by Body Cam Edition likely to play a central role. Nichelle was seen in the footage racing from her workplace after Rhodes called her to say Sylvie was found unresponsive in her cot, with paramedics and police already gathered at the home. As she approached Rhodes' home, Nichelle began screaming as she was told Sylvie was found in gravely serious condition, unresponsive and being taken to hospital. 'Oh my God, oh my God,' she wailed in the bodycam footage. 'She's just... oh my God.' Rhodes tried to hug her, but Nichelle brushed her off before getting into a police cruiser to get to hospital. Sylvie was pronounced dead 30 minutes later, and police were seen immediately raising suspicions about Rhodes, saying she appeared 'too calm' as the chaos was unfolding. In separate police footage that same day, Rhodes and her boyfriend were seen being interrogated as investigators realized Sylvie's death may not have been a tragic accident. In the interrogation rooms, cops separated Rhodes and her boyfriend, who is not named, to grill them over the fateful morning where Sylvie was found unresponsive. Rhodes denied having any involvement in the infant's death, but repeatedly told investigators that the child had been 'fussy' and refused to sleep. She had a total of four children in her care that day, including her own infant son, and insisted to investigators she had left Sylvie in her boyfriend's care 'for around 10 minutes' before the child was found unresponsive at around 10am that day. But he maintained he had been asleep until Rhodes woke him up in a panic, and after cops accused him of lying, he brought up text messages Rhodes had sent him from inside the police station trying to get their story straight. 'I told (the investigator) you had Sylvie for 10 mins,' Rhodes texted him. He responded: 'I told her I didn't have her or seen her today.' 'Just say you did,' she sent back, to which he responded: 'I'm not lying, Kenna.' With suspicions heightened, police let the young couple leave, but the case took a dark turn just two days later when an autopsy was carried out on Sylvie. A forensic pathologist found that Sylvie's cause of death was asphyxiation, and she suffered abrasions on the inside of her upper lip, injuries consistent with pressure being applied to her face. Rhodes was arrested soon after, and was seen in the bodycam footage repeatedly telling cops she was 'scared' as she was handcuffed and charged with murder. In a probable cause affidavit, Rhodes later admitted to suffocating Sylvie with a 'lovey' - a small blanket attached to a stuffed animal - as she forced a pacifier into her mouth. Rhodes reportedly confessed to holding the blanket against Sylvie's face until she closed her eyes and stopped crying. The young babysitter 'admitted she was overwhelmed,' the affidavit stated, and conceded that her claims that her boyfriend had been with the baby at the time was made up, saying she 'was the only one in the room.' Her boyfriend was never charged with any wrongdoing. Sadness: Sylvie was remembered in a heartbreaking social media post by her mother, who said: 'There are no words for how much I miss her. I will never get to see my baby girl's smile again, hear her laugh, or watch her take her first steps' A judge denied Rhodes bond, keeping her in jail as officials said they were fearful that she posed a threat to her own child. During the investigation, it was also allegedly found that another child in Rhodes' care suffered a broken arm in a separate incident. Rhodes' trial has been set to begin on October 7, and she has pleaded not guilty. If convicted, she faces up to 100 years behind bars. On the one-year anniversary of Sylvie's tragic death, Nichelle shared a heartbreaking tribute to social media, saying the moment she was seen on bodycam footage screaming was 'the worst day of my life.' 'There are no words for how much I miss her. I will never get to see my baby girl's smile again, hear her laugh, or watch her take her first steps,' she wrote. 'A year ago today was the last time I entered her room. Her door has remained closed ever since. 'Sometimes, I forget the room is even there - a space frozen in time. A year ago today was also the last time I held my baby and kissed her. That day, everything changed.' 'I hate that someone else's actions caused this. My daughter is gone because of what someone else did - and all we can do now is hope that justice is served.'


The Guardian
an hour ago
- The Guardian
Ghislaine Maxwell interviewed again by deputy US attorney general
The deputy US attorney general, Todd Blanche, held a second in-person meeting on Friday with Ghislaine Maxwell, the convicted sex trafficker and longtime associate of the late sex offender Jeffrey Epstein. Blanche had confirmed the two met behind closed doors in Tallahassee, Florida, on Thursday, at the federal prosecutor's office within the federal courthouse in the state capital, and they met again on Friday. Maxwell's lawyer, David Oscar Markus, on Friday afternoon said Blanche had finished his questioning for the day, NBC News first reported. Markus told reporters as he left the courthouse in downtown Tallahassee: 'We started this morning right around 9 o'clock, and went to now lunchtime, and we're finished after all day, yesterday and today. Ghislaine answered every single question asked of her over the last day and a half. She answered those questions honestly, truthfully, to the best of her ability. She never invoked a privilege. She never refused to answer a question.' He added: 'They asked about every single, every possible thing you could imagine. Everything.' The justice department has not said whether Blanche intends to question Maxwell further. Markus said he did not know whether the discussions would have any impact on her case. He had previously said Thursday's meeting was 'very productive'. Blanche had announced earlier in the week that he had contacted Maxwell's lawyers to see if she might have 'information about anyone who has committed crimes against victims'. Maxwell is serving a 20-year sentence at a federal prison in Tallahassee, after a jury convicted her of sex trafficking in 2021. An uproar continues to engulf Donald Trump and calls have intensified for his administration to release all details of the federal investigation into Epstein, while questions remain about whether Maxwell has any fresh light to shed on her former boyfriend's crimes. Meanwhile, the US supreme court is due to wade into the controversy and decide whether to hear a bid by Maxwell to overturn her criminal conviction. Epstein killed himself in 2019 in a jail cell in New York while awaiting trial on sex-trafficking charges. Trump, dogged by questions about his ties to Epstein, headed to Scotland on Friday for a trip that will mix golf with politics mostly out of public view. Protests await the president in the UK over his extreme agenda while scandal nips at his heels in the US. Further talking to reporters after Friday's meeting, Markus said: 'We don't know how it's going to play out. We just know that this was the first opportunity she's ever been given to answer questions about what happened, and so the truth will come out about what happened with Mr Epstein. And she's the person who's answering those questions.' Prosecutors and the judge who oversaw Maxwell's 2021 trial have said that she made multiple false statements under oath and failed to take responsibility for her actions. She was convicted for sex trafficking and other crimes, and sentenced to 20 years in federal prison. 'People have questioned her honesty, which I think is just wrong,' Markus said. Asked if Maxwell had received an offer of clemency from the government, Markus said no offer had been made. Trump rejected the idea of a pardon for Maxwell after landing in the UK on Friday. 'A lot of people have been asking me about pardons' for Maxwell, he said. 'Obviously, this is no time to be talking about pardons.' Although the US attorney general, Pam Bondi, earlier this year had promised to release additional materials related to possible Epstein clients, the justice department reversed course this month and issued a memo concluding there was no basis to continue investigating and there was no evidence of a client list or blackmail. Sign up to This Week in Trumpland A deep dive into the policies, controversies and oddities surrounding the Trump administration after newsletter promotion Since then, the department has sought permission to unseal grand jury transcripts from its prior investigations into Epstein and Maxwell. On Wednesday, US district judge Robin Rosenberg denied one of those requests. Trump's name, along with many other high-profile individuals, appeared multiple times on flight logs for Epstein's private plane in the 1990s, while several media outlets have this month reported previously unpublicized and friendly communications from the US president to the high-profile financier. Meanwhile, the supreme court justices, now on their summer recess, are expected in late September to consider whether to take up the appeal by Maxwell against her conviction in 2021 by a jury in New York for helping Epstein sexually abuse teenage girls. Maxwell's lawyers have told the supreme court that her conviction was invalid because a non-prosecution and plea agreement that federal prosecutors had made with Epstein in Florida in 2007 also shielded his associates and should have barred her criminal prosecution in New York. Her lawyers have a Monday deadline for filing their final written brief in their appeal to the court. Some legal experts see merit in Maxwell's claim, noting that it touches on an unsettled matter of US law that has divided some of the nation's regional federal appeals courts. Mitchell Epner, a former federal prosecutor now in private practice, said there was a chance that the supreme court would take up the case, and noted the disagreement among appeals courts. Such a split among circuit courts can be a factor when the nation's top judicial body considers whether or not to hear a case. 'The question of whether a plea agreement from one US attorney's office binds other federal prosecution as a whole is a serious issue that has split the circuits,' Epner said. While uncommon, 'there have been several cases presenting the issue over the years', Epner added. The Associated Press and Reuters contributed reporting