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NASHVILLE, Tenn. (WKRN) — Advocates for those with intellectual disabilities sent a letter to Governor Bill Lee requesting he commute the sentence of a man whose execution they argue would violate the Constitution due to his intellectual disability.
Byron Black was sentenced to death for the 1988 murders of his girlfriend, Angela Clay, and her two young daughters, Latoya and Lakeisha.
Black is scheduled to be put to death Aug. 5; however, advocates told reporters Thursday that executing him is against the law because he has an intellectual disability.
According to groups like the Tennessee Disability Coalition, Black's IQ ranges from 59 to 70, he is unable to perform basic tasks like running a washing machine, and he cannot play simple games because he doesn't understand the rules, among other signs of an intellectual disability.
“The experts and the law have established that Mr. Black is unquestionably a person living with an intellectual disability," Donna Destefano, an advocate, said.
However, at the time of Black's 1989 sentencing and his 2004 intellectual disability hearing, neither medical experts nor the law recognized all the signs of intellectual disabilities or protected those who have them from execution.
Since then, the U.S. Supreme Court ruled executing someone who has an intellectual disability violates the Constitution, and Tennessee legislators passed a law ensuring the state was compliant with the medical standards required by the courts to protect people with intellectual disabilities from being put to death.
In 2022, a judge ruled Black would not be allowed to have another hearing on his intellectual disability, despite experts' better understanding of the issue and new laws.
“Nothing about Mr. Black’s intellectual disability has changed; only the legal understanding of his condition based on sound science. If Mr. Black were on trial today, he would not be eligible for the death penalty," advocate Zoe Jamail said.
Advocates have written a letter to Gov. Lee, the only person with the authority to stop Black's execution, to commute his sentence to life in prison.
“Governor Lee, if there is ever a time for an executive to bestow mercy, it is to ensure Tennessee does not knowingly and intentionally violate the law by executing a man with intellectual disability," Destefano said.
“We extend our deepest sympathies to the victims of his crimes and their friends and families, and we do not absolve him of this crime. We are here about the law that is in place today, and it is based on that that we are asking Gov. Lee to commute Byron Black’s sentence. We are asking Gov. Lee to reaffirm that Tennessee does not execute citizens with intellectual disabilities," Sarah Sampson, the executive director of the TN Disability Coalition, said.
To view the entire letter, click here.
News 2 reached out to Gov. Lee's office for comment, but had not heard back by the time this article was published.
News Source : https://www.wkrn.com/news/tennessee-politics/advocates-urge-gov-lee-to-stop-execution-of-byron-black/
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