Tennessee Execution Court Order Called 'Passive Aggression' by Judge

Legal Battle Over Execution Method for Death Row Inmate

A heated legal battle has erupted over the execution of Byron Black, a death row inmate in Tennessee, due to his implanted heart device. The situation began when a judge ordered the Tennessee Department of Correction (TDOC) to disable the device before Black’s scheduled execution on August 5. However, TDOC is now claiming it cannot comply with the order.

The judge overseeing the case, Davidson County Chancellor Russell T. Perkins, required TDOC to bring in trained medical experts and high-tech equipment to disable the device on the day of the execution. This directive was issued late Friday, but state attorneys quickly raised objections. Perkins expressed confusion during a follow-up hearing, calling the response “passive-aggressive.”

Black, who was convicted of murder for a triple homicide, has been experiencing heart failure. His doctors implanted a device that can deliver electric shocks to his heart if it goes out of rhythm. Black’s legal team argued that the device must be disabled to prevent him from suffering painful shocks during his execution, which could violate his constitutional rights against cruel and unusual punishment.

As of Tuesday, Perkins allowed TDOC to deactivate the device early on the morning of August 5. However, the state claims it has exhausted all possible options. On Monday, state attorneys filed documents protesting the court’s order. One of these included a witness statement from Jillian Bresnahan, assistant commissioner of clinical services for TDOC.

Bresnahan stated that she contacted the Nashville General Hospital medical team that placed Black’s implant last year and asked them to bring equipment to the prison for deactivation. However, the hospital representatives declined and offered to perform the procedure in the hospital the day before.

Black’s legal team argues that deactivating the device early could result in his death before the execution, which they find unacceptable. They note that his case is under review in multiple courts, and there is a history of executions being delayed less than an hour before they were scheduled.

Bresnahan explained that TDOC has no authority to compel third-party providers to render care within its facilities. She also pointed out that the department does not employ any staff or possess equipment capable of deactivating the device.

During the Tuesday hearing, Deputy Attorney General Cody Brandon argued that TDOC had already made significant concessions. Initially, the agency claimed Black had no right to special accommodations under the state’s lethal injection protocol. They also considered using a simpler method: placing a large magnet over the device. However, Black’s legal team opposed this approach, citing several concerns. Many implants have the magnet deactivation option turned off, and the device is sensitive to magnet placement. Additionally, execution equipment like gurney straps could interfere with the process.

Brandon stated that Black’s legal team and Perkins were not giving TDOC much room to operate. He emphasized that the magnet method, deactivating the device the day before, and having Black’s managing doctors perform the procedure were all deemed unsatisfactory.

Black’s legal team argues that TDOC had months to plan for this situation. They have filed several legal challenges against the state’s lethal injection protocol, as Black is a plaintiff in a larger case criticizing the protocol for not accommodating prisoners with complex health needs.

Black’s legal team submitted paperwork asking about TDOC’s plans regarding the heart implant on June 9, marking the start of this specific legal fight. Kelley Henry, one of the attorneys representing Black, said the agency could have begun researching its options earlier.

Henry criticized TDOC for contacting only one medical provider, Nashville General. She compared the state’s response to a scenario where teenagers are told to clean their room but only pick up one sock.

What Comes Next?

Chancellor Perkins will need to decide whether to cancel the Friday order. He mentioned that regardless of his decision, it is likely to be appealed to a higher court, possibly the Tennessee Supreme Court.

Perkins admitted that the situation is frustrating, as the challenge itself ensures that a higher court will take up the case. He noted that while appeals are part of the judicial process, this particular case presents unique circumstances.

“I’m trying to get it right, and have a lot of sleep over this because I want to do the right thing,” he said.