he Tennessee Supreme Court ruled Thursday that the execution of Byron Black, a death row inmate with an implanted defibrillator, can proceed as scheduled next week—rejecting arguments that the device should be deactivated to prevent possible pain and suffering.
Black, 69, is set to be executed Tuesday morning by lethal injection for the 1988 murders of his girlfriend, Angela Clay, and her two daughters, Latoya and Lakeisha.
His attorneys argued in Davidson County Chancery Court last month that the implantable cardioverter defibrillator (ICD), which delivers electric shocks to regulate heart rhythms, could activate during the procedure, prolonging his death and causing undue pain.
The lower court had sided with Black’s defense, but the state’s high court reversed that decision, stating that deactivating the ICD would effectively amount to a stay of execution—a legal action the chancery court is not authorized to grant.
While the justices acknowledged that an agreement between the state and Black’s legal team to disable the device prior to execution is possible, they stopped short of mandating such a step.
Attorneys for Black responded by requesting a temporary halt to the execution from the Supreme Court, warning that without ICD deactivation, their client could suffer “severe pain and suffering” if the device attempts to restart his heart during the execution.
Kelley Henry, one of Black’s attorneys, also submitted a clemency petition to Governor Bill Lee, urging him to prevent what she described as a “gruesome spectacle.” She further asserted that Black is intellectually disabled, making his execution unconstitutional under Tennessee law.
Black has previously faced three execution dates, all postponed in part due to a statewide pause on capital punishment in 2022, following problems with lethal injection protocols. Tennessee resumed executions in May under a revised procedure using pentobarbital, a sedative.
State Attorney General Jonathan Skrmetti said in a statement that his office remains committed to securing justice for the victims’ family, emphasizing that medical experts do not believe Black would feel pain during the execution. Skrmetti also disputed claims of Black’s intellectual disability.
During last month’s court hearing, expert witnesses for both the defense and prosecution clashed over whether the ICD could interfere with the lethal injection process. Dr. Litsa Lambrakos, a cardiac electrophysiologist at the University of Miami, testified that Black would be in a coma during the procedure and would not feel any shocks.
However, Dr. Gail Van Norman, an anesthesiology professor at the University of Washington, warned that the drug’s effects might unpredictably trigger the ICD, causing unnecessary suffering.
Complicating matters is the challenge of finding a medical professional willing to disable the device. Nashville General Hospital, previously named as a potential site for the procedure, issued a statement distancing itself from the plan.
Hospital spokesperson Cathy Poole clarified that the facility “has no role in state executions” and was never properly approached by Tennessee’s correctional healthcare provider regarding the request.
“Our agreement only covers ongoing medical care, and this request falls well outside that scope,” Poole said. She added that multiple parties would need to cooperate for the procedure to occur—most of whom are unwilling to participate.
The American Medical Association’s code of ethics prohibits physicians from participating in executions or evaluating a prisoner’s competency to be executed if doing so conflicts with their beliefs. Although the involvement in Black’s case is indirect, it still raises significant ethical concerns, said Robin Maher, executive director of the nonprofit Death Penalty Information Center.
Black’s attorneys have also cited his deteriorating health—including advanced dementia, brain damage, and kidney disease—as additional grounds for clemency.
“I fear we’ll see more cases like this as death row inmates age,” Maher said. “Restoring someone’s health only to execute them poses a deep moral dilemma.”
Unless further legal action or gubernatorial intervention occurs, Black’s execution remains scheduled for 10 a.m. Tuesday.
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