posted February 1, 2007
Gov. Phil Bredesen said Thursday afternoon he has ordered a halt to all planned executions in the state for the next 90 days while there is a review of the method of execution.
The review is to consider both the use of lethal injection and electrocution.
He said new protocols for the administration of the death penalty will be developed.
Gov. Bredesen said during a press conference at the State Capitol, "I think all of you know that I consider the responsibility of the state to carry out the death penalty among the very most serious responsibilities we have."
One of the cases involves a Hamilton County man - Edward Jerome Harbison. His execution had been set for Feb. 22.
He said, "I am a supporter of the death penalty. I believe, in addition, that it is incumbent on the state to carry out these sentences constitutionally and appropriately.
"In the process of preparing for litigation surrounding the lethal injection procedure used in our state, this is litigation in Judge Trauger's court, the office of the attorney general and the staff of the department of correction have identified deficiencies with our written procedures that raise concerns that they are not adequate to preclude mistakes in the future.
"I am convinced, and we've talked about this extensively, that the two executions that have been carried out in this state over the past decade, were carried out constitutionally and appropriately. There did not appear to be any difficulties with those executions.
"In order to ensure that no cloud hangs over the state's actions in the future, I have issued an executive order today that:
"First of all, directs the commissioner of correction to initiate a comprehensive review of the manner in which death sentences are administered in Tennessee. It's a comprehensive review, specifically including the state's protocols and any related procedures, written or otherwise, related to the administration of the death sentence. And, in completing this review, have directed him to utilize all relevant and appropriate resources, including but not limited to scientific and medical experts, legal experts, and Correction professionals, both from within and outside of Tennessee, and also to research and perform an analysis of the best practices used by other states.
"Number two, as soon as practical, but not later than May 2, 2007, the commissioner of correction is directed to establish and provide to me new protocols and related written procedures related to administering death sentences in Tennessee, both by lethal injection and electrocution. In addition, the Commissioner is directed to provide me with a report outlining the results of that review that has been performed.
"And third of all, I have revoked the current procedures and related protocols, whether written or otherwise, related to the administration of death sentences in Tennessee.
"By separate orders of reprieve, because of this, we will this day grant reprieves to four individuals, all of whom had sentences of death scheduled to be carried out within the next 90 days before May 2. These four reprieves will remain in place until May 2, 2007."
Following the governor's remarks, Attorney General Bob Cooper said, "Our office will notify the appropriate courts immediately of these developments in the cases set for execution over the next 90 days."
The cases affected include:
State v. Daryl Keith Holton, scheduled to be executed Feb. 18, 2007;
State v. Edward Jerome Harbison, scheduled for Feb. 22, 2007;
State v. Michael Joe Boyd, scheduled for March 7, 2007.
State v. Pervis Payne, set for April 11, 2007."
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