TBA Law Blog

TBA Law Blog

Judge: Unidentified DNA on Murder Weapon Does Not Exonerate Pervis Payne

Posted by: Kate Prince on Jan 19, 2021
News Type: Legal News

A new analysis of evidence from the Pervis Payne death penalty case shows the DNA of an unidentified male on the handle of the knife used in the crime, the Commercial Appeal reports. Payne’s attorney, Kelley Henry, said today in court that her client’s DNA was found on a different part of the knife, which is consistent with his testimony that he only touched the knife after the crime. The unidentified sample was not complete enough to run through a national database. After reading the new analysis, Criminal Court Judge Paula Skahan said the DNA was not enough to exonerate Payne and dismissed his petition. Skahan ruled in September that DNA evidence could be tested, saying if a third party’s DNA were found on multiple items from the crime scene, “the more likely it would appear Mr. Payne did not commit those offenses." Other items tested included a tampon, bloodstained curtains, a pair of glasses and a bloodstained stuffed animal. The defense team will now use the report to prepare a request for clemency to Gov. Bill Lee.

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