NASHVILLE, Tenn. (WTVF) — The Tennessee Supreme Court has ruled that a death row inmate may be executed with his ICD still activated.
Byron Black, the death row inmate next up for execution in Tennessee, may face lethal injection with an active heart device inside his body.
He would be the first death row inmate to be put to death with a heart defibrillator implant turned on.
The matter of whether to deactivate it has been at the heart of an argument, taken all the way up to the state Supreme Court.
Black's lawyers worry the device would shock him during the execution, in an attempt to restore his heart's normal rhythm. The state disagreed, saying even if shocks were triggered, Black wouldn't feel them.
A judge ruled earlier this month that the device would be turned off the morning of his execution, but the state appealed.
Thursday morning, the state Supreme Court ruled his heart device could stay activated for the execution.
The court stated, “nothing in our decision today prevents the parties from reaching an agreement regarding deactivation of Mr. Black’s ICD, should it become feasible for the procedure to be performed at an appropriate time.”
This comes after a local protest Thursday morning, taking issue with another part of Bryon's case — his claimed intellectual disability.
While the state Supreme Court says there's not enough evidence of his incompetency to warrant a hearing, Black's team and opponents of the execution say it violates the Eighth Amendment.
"Should a man's life hinge on a filing deadline? Should justice be dictated by paperwork rather than principle? Our courts and legislatures have made it clear, executing someone with a disability is a violation of the US and State constitutions. This isn't a gray area," said Jasmine Woodson, the director of Tennessee Conservatives Concerned About the Death Penalty.
All of this is taking place just days before the death row inmate's scheduled lethal injection.
Black was convicted of murdering his ex-girlfriend and her two young children three decades ago.
Nikki is set to be a media witness for the execution on August 5. We will be there to keep you updated on the outcome.
Do you have more information about this story? You can email me at nikki.hauser@newschannel5.com.
I'm so thankful Robb Coles highlighted the Kamer Davis clinic in Hermitage and the hardship that may force its closure. The clinic provides care for patients with intellectual and developmental disabilities and there is no other place like it nearby. You can tell the staff is so passionate about the care they provide. I hope by shining the light on this, the right person can step in and make a difference.
- Carrie Sharp
