Byron Black was executed by lethal injection.
He became the 28th inmate on death row to face execution this year, with more executions scheduled before the year’s end.
Black was sentenced to death for the 1988 murders of his girlfriend Angela Clay and her two young daughters, aged six and nine.
The crime was committed while Black was on work release, following a previous shooting involving Clay’s estranged husband.
At the age of 69, Black was reportedly dealing with several health issues including dementia, kidney failure, brain damage, and congestive heart failure, according to Sky News.
To manage his heart condition, Black had been fitted with a cardioverter-defibrillator. His attorneys argued that this device should be removed prior to his execution to avoid potential suffering, which they claimed would infringe on his Eighth Amendment right against cruel and unusual punishment.
The battery-powered device could potentially discharge after the lethal injection, creating a risk of additional suffering. Kelley Henry, Black’s attorney, expressed concern that his death might turn into a ‘grotesque spectacle’.
Black’s legal team sought a delay in his execution, but a judge decided it should proceed as scheduled. However, the judge agreed that Black’s device should be deactivated to prevent the possibility of him experiencing ‘severe pain and suffering’ if his heart were repeatedly shocked during the execution.
Despite the judge’s decision to deactivate the device, the Supreme Court stated on Monday (August 4) that the judge lacked the authority to enforce this order.
The US Supreme Court and Tennessee Governor Bill Lee commented, as reported by NBC News: “The courts have universally determined that it is lawful to carry out the jury’s sentence of execution given to Mr. Black for the heinous murders of Angela Clay and her daughters Lakeisha, age 6, and Latoya, age 9. Accordingly, I do not plan to intervene.”
Black was executed yesterday (August 5) and declared dead at 10:43 a.m.
Media witnesses reported that Black appeared to be in discomfort and distress, and he expressed to his spiritual advisor, ‘it hurts so bad’.
Henry now contends that her client was ‘tortured’.
It remains uncertain whether the pain Black experienced was due to the lethal injection or his defibrillator. An autopsy and a review of the device are forthcoming.
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