Death row child killer says pacemaker will reactivate his heart during execution
Lawyers for a Tennessee death row inmate are making a final attempt to halt his impending execution.
In Nashville's Chancery Court, they're pleading with a judge to order the Tennessee Department of Correction to switch off an implanted defibrillation device, similar to a pacemaker, just before Byron Black's execution.
If the judge agrees, this could potentially postpone the execution until the state finds someone willing to carry out the deactivation.
Simultaneously, at the state Supreme Court level, they're seeking an order for a lower court to consider their argument that Black is unfit to be executed.
General challenge
The lawyers have also lodged a general challenge against the state's new execution protocol, but with a trial set for 2026, any decision there will be too late for Black, reports the Mirror US.
Black was found guilty in the 1988 shooting deaths of his girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6.
Prosecutors claimed Black was in a jealous fury when he shot the three at their home.
At the time, Black was on work-release while serving a sentence for shooting and injuring Clay's estranged husband.
Execution postponed
Black has already had three execution dates postponed, due to the COVID-19 pandemic and a pause on all executions from Gov. Bill Lee after it was discovered that the Department of Correction wasn't testing the execution drugs for potency and purity as required.
Black's legal team has previously attempted, without success, to argue that his execution would be unconstitutional due to his intellectual disability.
New bid
In a fresh approach, they now contend that Black's competence for execution should be evaluated under older English common law standards. The state rebuts this, asserting that Black does not meet the criteria for incompetency as he comprehends his conviction, impending execution, and the connection between them.
In a separate move, Black's lawyers are petitioning another court to decree that his implanted cardioverter-defibrillator must be switched off just prior to the execution. They propose that if left active, the device will repeatedly attempt to restart his heart, prolonging the execution and causing Black unnecessary suffering.
Given that most medical professionals refuse to partake in executions - viewing it as a breach of medical ethics - it could potentially be a lengthy and challenging process to find someone willing to deactivate the device to facilitate Black's execution. A hearing on the motion is scheduled for 14 July.
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