In a highly unusual and legally complex case, Tennessee prepares to execute Byron Black, a death row inmate with a serious medical condition, without deactivating his implanted defibrillator. The execution, scheduled for Tuesday, raises questions about potential complications from the defibrillator during the lethal injection process.
Governor Bill Lee has declined to intervene with a reprieve, effectively clearing the path for Black’s execution, which follows a court battle over the necessity of deactivating his implantable cardioverter-defibrillator (ICD). The Death Penalty Information Center noted the uniqueness of Black’s case, with no known precedent involving an inmate’s defibrillator or pacemaker in execution situations.
According to Governor Lee, judicial decisions 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.”
The U.S. Supreme Court denied Black’s appeals on Monday. This execution would mark Tennessee’s second since May, following a pause attributed to COVID-19 and procedural errors by state corrections officials. Read more about Tennessee executions.
Across the United States, 27 inmates have been executed so far this year, with nine more scheduled in seven states for the remainder of 2025. The current tally surpasses the 25 executions conducted last year and in 2018, marking the highest number since 2015 when 28 individuals were executed. Learn more about execution statistics.
Health Concerns and Legal Complications
Byron Black, aged 69, is wheelchair-bound and suffers from multiple health issues, including dementia, brain damage, kidney failure, and congestive heart failure, according to his attorneys. In mid-July, a trial court judge sided with Black’s counsel, insisting on deactivating the defibrillator to prevent unnecessary pain or a prolonged execution. However, the state Supreme Court later overturned this order, citing lack of jurisdiction.
The state disputes claims that the lethal injection would trigger Black’s defibrillator. Even if it did, officials argue that Black wouldn’t experience the shock. Black’s legal team counters, suggesting that the drug pentobarbital might not render a person completely unaware or free from pain.
Kelley Henry, Black’s attorney, has expressed concerns that the execution could turn into a “grotesque spectacle.”
The Case Against Byron Black
Black was found guilty of the 1988 murders of his girlfriend Angela Clay and her young daughters, Latoya and Lakeisha. Prosecutors argued that Black killed them in a fit of jealousy while on work-release for shooting Clay’s estranged husband. Linette Bell, a relative of the victims, told WKRN-TV, “He didn’t have mercy on them, so why should we have mercy on him?”
Medical and Ethical Considerations
An implantable cardioverter-defibrillator is a small device implanted near the left collarbone, functioning as both a pacemaker and emergency defibrillator. Black’s attorneys argue that deactivation requires a non-surgical procedure via a programming device. The debate over medical ethics in executions was highlighted, as most healthcare professionals consider participation a breach of ethical standards.
Initially, the judge allowed for device deactivation at Nashville General Hospital on the morning of execution day. However, the hospital reported that the state’s contractor failed to properly coordinate with hospital leadership and that no agreement was in place. Further details on this development.
Intellectual Disability Argument
Black’s legal team has repeatedly sought a new hearing to argue his intellectual disability, which would make him ineligible for the death penalty based on U.S. Supreme Court rulings. However, these attempts have been unsuccessful. Nashville District Attorney Glenn Funk’s 2022 effort to secure a hearing under a 2021 law was denied, as courts had previously ruled on the matter.
Funk highlighted a 2004 state expert’s assessment that did not find Black intellectually disabled under previous criteria, yet concluded he met the new law’s standards. Black’s attorneys continue to challenge his competency for execution. Explore the legal implications.
