Attorney says heart device did not shock Tennessee man in execution who said he was 'hurting so bad'
Share and Follow


NASHVILLE, Tenn. (AP) — A Tennessee man who said he was “hurting so bad” during his lethal injection this week was not shocked by his implanted defibrillator, his attorney said Friday.

Kelley Henry, the federal public defender for Byron Black, said her team received an initial evaluation of the data from his implantable cardioverter defibrillator.

The ICD information eliminates one possible cause for Black’s comment about pain during his execution Tuesday, and other actions such as when he picked his head up off the gurney and groaned, she said. But many questions remain unanswered, she said.

“Make no mistake, we all saw with our own eyes that the pentobarbital did not work like the State’s expert testified that it would,” Henry said in her statement, referencing Tennessee’s lethal injection drug, pentobarbital. “Mr. Black suffered.”

Black was executed after a back-and-forth in court over whether officials would need to turn off his ICD due to claims it might cause unnecessary, painful shocks to try to fix his heartbeat as the drugs were administered, potentially prolonging the execution.

Henry said she’s been told it will be eight to 12 weeks before an autopsy report will be released. She also said their team will be making public records requests to try to piece together what happened. She has said this includes access to Black’s electrocardiograph readings from the execution.

A Tennessee Department of Correction spokesperson referred a request to comment about the ICD findings to the attorney general’s office, which did not immediately respond to an email.

Black was convicted in the 1988 shooting deaths of his girlfriend Angela Clay, 29, and her two daughters, Latoya Clay, 9, and Lakeisha Clay, 6. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting Clay’s estranged husband.

Black died at 10:43 a.m. on Tuesday, prison officials said. It was about 10 minutes after the execution started and Black talked about being in pain.

Ahead of that, when he was asked for any last words, he replied, “No sir.”

Black looked around the room as the execution began, lifting his head off the gurney multiple times, and could be heard sighing and breathing heavily. All seven media witnesses to the execution agreed he appeared to be in discomfort.

“Oh, it’s hurting so bad,” Black said, as he lay with his hands and chest restrained to the gurney, a sheet covering up past his lower half, and an IV line in his right arm visible to media witnesses.

“I’m so sorry. Just listen to my voice,” a spiritual adviser in the death chamber with him responded.

In mid-July, a trial court judge agreed with Black’s attorneys and ordered officials to have the defibrillator deactivated. But Tennessee’s Supreme Court overturned that decision last Thursday, saying the other judge lacked authority to order the change.

The state disputed that the lethal injection would cause Black’s defibrillator to shock him and said he wouldn’t feel them regardless.

Black, 69, was in a wheelchair, suffering from dementia, brain damage, kidney failure, congestive heart failure and other conditions, his attorneys have said.

The nonprofit Death Penalty Information Center said it’s unaware of any other cases with similar claims to Black’s about ICDs or pacemakers. Black’s attorneys said they haven’t found a comparable case, either.

Henry also said officials struggled to insert an IV into his left side, and used some kind of medical device, presumably to find a usable vein, Henry said. They seemed to have no trouble getting an IV into Black’s right side, she said.

That process is not viewed by media witnesses, whose perspective begins when Black is already strapped in and hooked up to IV lines on the gurney.

Share and Follow
You May Also Like
Kate's evolution from Disney Princess to future Queen

From Disney Dreams to Royal Reality: Kate Middleton’s Journey to Becoming the Future Queen Consort

The Princess of Wales once again showcased her mastery of state banquet…
I'm a dietician… here are the five things I would NEVER let my kids do

Top 5 Dietician-Approved Habits to Avoid for Your Kids’ Health

A dietitian has shared five key practices she avoids when it comes…
Trump warns Europe is under threat of 'civilizational erasure'

Trump Sounds Alarm: Europe Faces Potential ‘Cultural Disappearance

Donald Trump has issued a stark warning to European countries, claiming they…
Two arrested after dozens of guns, including 'cop-killer' model, found in spare tire at southern border: DPS

Shocking Border Bust: Dozens of ‘Cop-Killer’ Guns Found Hidden in Spare Tire – Two Arrested

Two individuals have been taken into custody following the discovery of 30…
Architect Frank Gehry, who designed Los Angeles' Walt Disney Concert Hall and Spain's Guggenheim Museum, dies at 96

Renowned Architect Frank Gehry, Designer of Iconic Landmarks Including Los Angeles’ Walt Disney Concert Hall and Spain’s Guggenheim Museum, Passes Away at 96

LOS ANGELES — Frank Gehry, a pioneering architect renowned for crafting some…
Cary-Hiroyuki Tagawa, actor who performed in 'Mortal Kombat,' has died at 75

Remembering Cary-Hiroyuki Tagawa: Iconic ‘Mortal Kombat’ Actor Passes Away at 75

Cary-Hiroyuki Tagawa, a distinguished actor born in Tokyo who gained fame through…
Somalis live in constant fear, danger as disturbing reality hovers over their daily lives

Somalis Face Persistent Challenges Amid Ongoing Uncertainty and Risk

Located on the Horn of Africa, Somalia remains one of the globe’s…
Russian spies infiltrate UK on cargo ships to scout military sites, find weaknesses

Russian Espionage Unveiled: Cargo Ships Used to Scout UK Military Sites for Vulnerabilities

Reports have surfaced suggesting that two individuals suspected of being Russian spies…