Judge makes ruling on death row inmate’s attempt to delay execution for heinous crime more than 30 years ago
Death row inmate Byron Black is set to be executed next month
Callum Jones
A judge in Tennessee has made a ruling on a death row inmate's attempt to delay his execution for a horrific crime he committed over three decades ago.
Byron Black, 68, was put on death row in 1989 after he murdered his girlfriend, Angela Clay, and her daughters Latoya and Lakeisha while he was on work release for a previous crime, in which he shot and wounded Angela's ex-husband.
Black was found guilty of all three counts of first-degree murder.
The inmate's attorneys have been arguing that ahead of his execution, which is scheduled for August 5, he must be allowed to have his implanted defibrillation device, similar to a pacemaker, removed.
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Black's legal team have previously said this must happen immediately before the lethal injection is administered so it doesn't impact his health beforehand.
A judge ruled on Friday (July 17) that Black's implanted defibrillation device must be deactivated before he is executed in a few weeks' time.
It comes amid the risk the device might try to shock him once a lethal injection is used.
The order means the state must deactivate the device just moments before administering the lethal injection, while medical professionals and appropriate equipment will need to be present.
The ruling does not impact the August date set for Black's execution.
It has yet to be detailed how the device will be switched off, though The Independent reports that Black's team have suggested a doctor could place a programming device over the implant, which should send a deactivation command.
After news broke of the ruling, Kelley Henry, an attorney for Black, said: "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.
"Today’s ruling averts that torturous outcome."
Black's attorneys are questioning if he is fit to be executed, claiming he suffers from brain damage, has an IQ of 67, and has been diagnosed with schizophrenia.
They had asked the Tennessee Supreme Court to seek a lower court to decide if he is eligible for execution, though they declined to order a hearing over whether he is incompetent to be executed.
Black, who is now 69, is believed to be in a wheelchair, while also living with dementia, kidney failure, congestive heart failure and other medical issues, according to his attorneys.
He is set to be executed next month after over 30 years on death row.