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State GOP Members Want to Add Firing Squad, “Hanging By A Tree” to Execution Methods

Death row inmates prefer a firing squad as a means of execution, according to one Tennessee lawmaker, and his bill “just simply gives them that option.” 

Rep. Dennis Powers (Credit: State of Tennessee)

Tennessee GOP lawmakers are looking for alternative methods to kill inmates in the state should officials here not be able to adhere to lethal injection protocols. On Tuesday, Rep. Dennis Powers (R-Jacksboro) advanced a bill to include firing squads to the state’s methods. Rep. Paul Sherrell (R-Sparta) wanted to add “hanging by a tree” to the bill but the motion was not formalized by other lawmakers. 

Tennessee Governor Bill Lee halted all executions here in May. Officials discovered lethal-injection chemicals had not been screened for toxins before the scheduled execution of Oscar Franklin Smith, one hour before his scheduled execution.

The toxins could cause respiratory and other distressing issues. ACLU of Tennessee Executive Director Kathy Sinback said they can “create the sensation of drowning or burning alive.” Screening for the toxins is mandatory under Tennessee’s execution protocols. 

In January, Lee appointed Frank Strada as the new commissioner of the Tennessee Department of Corrections (TDOC), an official who oversaw the renewal of executions as deputy director of the Arizona Department of Corrections. Strada oversaw three executions in 2022, all of which were marked by problems delivering lethal chemicals, according to Tennessee Lookout’s Sam Stockard.

On Tuesday, Powers told the House Criminal Justice Committee that TDOC is not “philosophically opposed” to his legislation. His original bill listed only electrocution as an alternative to lethal injection. But a new amendment introduced Tuesday (not yet available on the legislature’s website) rewrote the proposal and Powers only mentioned firing squads in his presentation. 

In his presentation, Powers said “having done a survey of people on death row,” the firing squad method is preferred. He did not cite a source of the survey. 

He said capital punishment is “not unconstitutional” in Tennessee and said neither was his bill. He said, “[W]e need to make sure they get these executions done more quickly,” noting that one of his constituents died before the execution of a man convicted of raping and killing the constituent’s wife and daughter. 

“This is the most humane way,” Powers said. “If you want to look at the most humane way and the most effective way to do it is by firing squad.”

Powers explained that the method is “not like the old Westerns when they stand up and put … a blindfold on and they’re standing there and they give them a cigarette or something.” 

In a special facility, Powers said the inmate would sit in a chair and would be immobilized by some kind of apparatus. Officials would put a target over the inmate’s heart. Families would be invited to watch, as is the case with all executions in the state.

One marksman on the firing squad would shoot a blank so no one would really know who fired the fatal shots. He said other states have had more volunteer help to carry these out than they needed. 

Rep. G.A. Hardaway (Credit: State of Tennessee)

Rep. G.A. Hardaway (D-Memphis) read depositions from other states that said “death by firing squad would not significantly reduce the risk of severe pain,” the same reason Tennessee’s lethal injection executions were put on hold. 

“Any type of death … it’s going to be painful,” Powers said. “The death that they promoted and carried out for another subject was painful, too. So, I don’t have a whole lot of empathy for people that suffer pain during an execution.”

Arguments for a similar law in South Carolina were heard by that state’s highest court in January but a decision is still pending. Idaho lawmakers are now also considering death by firing squad.  

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State Executions Remain Halted as State Reviews Lethal Injection Protocols

Investigators have completed an independent review of Tennessee’s lethal injection protocols, and Governor Bill Lee said he’ll share the report to the public by year’s end. 

Lee halted all executions in Tennessee in May. Officials discovered lethal-injection chemicals had not been screened for toxins before the scheduled execution of Oscar Franklin Smith, convicted for the 1989 murder of his wife and her two sons in Nashville. 

The lethal-injection chemicals had been tested for potency and sterility, but not for endotoxins. The toxins could cause respiratory and other distressing issues. Screening for them is mandatory under Tennessee’s execution protocols. 

Neither Lee nor the U.S. Supreme Court intervened in the execution based on the merits of Smith’s case. At the time, Lee said, “I review each death penalty case and believe it is an appropriate punishment for heinous crimes.” But he called the death penalty “an extremely serious matter” and paused all executions here based on questions surrounding the testing protocols. 

He then appointed Memphian and former U.S. Attorney Edward Stanton to oversee an independent review of the state’s execution procedures and protocols and make recommendations for the future. The review was to “ensure any operational failures at [the Tennessee Department of Corrections] are thoroughly addressed.” Lee then temporarily stopped all state executions. 

Tennessee death row inmates can choose to be executed by lethal injection or the electric chair. Though lethal injection is the default method, three of four executions here have been done by electric chair since 2019. 

Smith’s execution was to be the first in Tennessee since February 2020, due to the Covid-19 pandemic. It was the first of five set to take place this year. 

The Tennessee Supreme Court is responsible for setting executions in the state. No executions have been set for 2024 so far. 

The actions come as more and more states are considering a repeal of the death penalty. Republican-sponsored repeal bills are now or recently have been before legislatures in Ohio, Kentucky, Missouri, Georgia, Utah, Kansas, Pennsylvania, and Washington, according to a national group called Conservatives Concerned About the Death Penalty.

The Tennessee chapter of the group says the death penalty is a “bloated and broken government program” that is not fiscally responsible, risks executing innocent people, and “neither decreases violence nor insures accuracy.”

“As a fiscal conservative, I am concerned about the exorbitant cost of the death penalty to Tennessee taxpayers compared to a sentence of life without parole,” said state Rep. Steve McManus (R-Cordova), according to the site. “Given the state of the current system, there is no way to cut these costs without increasing the risk of executing an innocent person.”

There are now 46 men and one woman on death row in Tennessee. Male offenders are housed at Riverbend Maximum Security Institution in Nashville. Female offenders sentenced to death are housed at the Debra K. Johnson Rehabilitation Center in Nashville.

Of the men, 24 are Black and 24 are from Shelby County. Seven offenders have two death sentences, four offenders have three death sentences, and one offender has six death sentences.

Most of the offenders are from the state’s most populous counties: Shelby (24), Davidson (4), Knox (4), and Hamilton (1). Most offenders were convicted in West Tennessee (29). East Tennessee (10) ranks second and Middle Tennessee (8) is last. 

Smith, whose execution was paused this year, is the oldest on death row here at age 72. Christa Pike, the lone female on death row in Tennessee, is 46. 

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Two New Executions Set by State Supremes

Execution dates for two Tennessee men were announced Wednesday by the Tennessee Supreme Court. 

Oscar Franklin Smith’s execution is set for April 21st, 2022. His original execution date of June 4th, 2020, was reset by the court for February 2021, and it stayed the execution due to the Covid-19 pandemic. Smith was convicted of killing three family members in Nashville in 1989. 

Harold Wayne Nichols is set to be executed on June 9th, 2022. His original date was August 4th, 2020 but was delayed by executive reprieve from Governor Bill Lee in July 2020. That reprieve expired in December 2020. Nichols was convicted of rape and murder in Chattanooga in 1988. 

The executions would be the first in the state since February 2020. 

Here’s the breakdown of executions by race and convictions from July 1916 through February 2020:

• Black 86

• White 52

• Rape 36

• Murder 99

• Rape/murder 2

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Man Scheduled to be Executed Thursday Will Be State’s Third This Year

Department of Corrections

Hall

A Tennessee man is scheduled to be executed by electric chair Thursday, December 5th (tomorrow).

Lee Hall, 53, who was convicted of burning his girlfriend Traci Crozier to death in 1992, will be the third inmate to die by electrocution since August 2018.

Hall’s attorneys asked the Tennessee Supreme Court to stay the execution until after an ongoing appeal. The court denied the request.

Hall was moved to Death Watch Tuesday ahead of Thursday’s scheduled execution. What is death watch? It’s a three-day period before the execution when strict guidelines and tighter security measures are placed on the inmate to be executed.

The inmate is held in a cell adjacent to the execution chamber where they are under 24-hour observation by correctional officers. The 8-by-10-square-feet cell contains nothing but a metal-framed bed, a metal desk with a metal stool attached, a metal shelf, a toilet, sink, and shower.

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Tennessee Gov. Bill Lee released a statement Wednesday supporting the execution and saying that he would not intervene.

“The justice system has extensively reviewed Lee Hall’s case over the course of almost 30 years, including additional review and rulings by the Tennessee Supreme Court yesterday and today,” Lee said. “The judgement and sentence stand based on these rulings, and I will not intervene in this case.”

This will be the third execution in the state this year and the sixth since August 2018. Prior to that, there had been no executions in the state since December 2009.

Just City, a group that seeks to lessen the impact of the criminal justice systems on individuals in Shelby County, believes “the death penalty is the ultimate example of how arbitrary, unfair, and inhumane our criminal legal system can be.”

“In fact, many states are moving away from it completely,” a statement from Just City reads. “Unfortunately, Tennessee is moving in the opposite direction and has inexplicably carried out an unprecedented number of executions over the last year and a half. The state shows no sign of slowing down.”

Tennesseans for Alternatives to the Death Penalty, a group that wants to abolish the death penalty in the state, is holding a vigil for Hall Thursday (tomorrow) at 6:30 p.m. at Idlewild Presbyterian Church.

Death Row

Currently on Death Row in Tennessee, there are 54 offenders waiting to be executed. Nearly half, or 25, of those inmates are from Shelby County. Thirteen inmates are from the state’s other three largest counties.

There is only one woman on Death Row: Christa Pike from Knox County. Pike, 43, was convicted of first degree murder in 1996.

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Two From Shelby County Proposed for Execution

Murderpedia, Tennessee Department of Corrections

From left to right from top left: Oscar Franklin Smith, Harold Wayne Nichols, Pervis Tyrone Payne, Gary Wayne Sutton, Donald Middlebrooks, Byron Black, Farris Genner Morris, Pervis Tyrone Payne, Henry Eugene Hodges

Two of the nine men who could soon be executed by the state were convicted in Shelby County.

Late Tuesday, Tennessee Attorney General Herbert Slatery quietly requested execution dates for the nine men from the Tennessee Supreme Court.

Executions began again in Tennessee last year. The last before 2018 was in 2009. The state has executed five men since August 9th, 2018. The latest, Stephen West, was executed by lethal injection on August 15th, 2019.

The Tennessee Supreme Court will now decide whether or not to set execution dates for the nine men Slatery proposed for execution this week. All of them are now on death row at Riverbend Maximum Security Institution in Nashville.

Of them, two were convicted of murder in Shelby County, one occurring in Memphis and the other in Millington. Another man was convicted of murder in nearby Madison County. All of these comprise the total of West Tennessee prisoners now considered for execution.

Caruthers

Tony Von Caruthers was convicted in Memphis for a 1994 triple homicide of Marcellos Anderson, Delois Anderson, and Frederick Tucker.  WREG reported that the murders began as a drug deal with Marcellos Anderson. Delois Anderson was his mother and Tucker was a teenage friend. The station said that the mother and friend were beaten, tortured, and buried under a grave dug for someone else.

Caruthers and another man were tried and convicted in the same trial. The other man was set free in 2016 after winning an appeal in the case. In February, the Tennessee Supreme Court denied a final appeal for Caruthers in the case.

 

Payne

Pervis Tyrone Payne was convicted in 1988 of the 1987 stabbing murder of Charisse Christopher and her two-year-old daughter, Lacie Jo, in Millington.

Payne’s execution was set for 2007 but was put on hold when Gov. Phil Bredesen put a moratorium on executions to review Tennessee’ lethal injection protocols.

In 2016, Payne was denied a hearing to determine whether or not he was eligible for execution because he is intellectually disabled.

Morris

Hodges

Farris Genner Morris was convicted of shooting and stabbing a man and his niece to death in Madison County in 1994.

Henry Eugene Hodges was convicted of the 1990 robbery and murder of a man in Smyrna. Hodges, 24 at the time, and his girlfriend, 15 at the time, robbed and ransacked a man’s house, stole his bank PIN, and

Middlebrooks

 murdered him.

Donald Middlebrooks murdered a 14-year-old with a knife in 1987. He was convicted and sentenced to death in 1989. 

Nichols

Serial rapist Harold Wayne Nichols (aka “Red Headed Stranger”) was convicted of the

Smith

 1988 murder of a woman in Chattanooga by hitting her on the head with a board.

Oscar Franklin Smith
stabbed to death his estranged wife and 

Sutton

her two teenaged sons in Davidson county in 1988.

Gary Wayne Sutton murdered a man and his sister

Black

 in Blount County in 1992.

In Davidson County, Byron Lewis Black murdered his girlfriend, Angela Clay, and her two daughters, Latoya, 9, and Lakeisha Clay, 6, in 1988.