A judge’s recent order to transport a death row inmate in Tennessee to a hospital on the day of his execution has sparked what some are calling “chaos.” This decision was made so doctors could disable Byron Black’s implanted defibrillator, which is supposed to help regulate his heart.
This particular argument, among several presented Wednesday, aims to contest the directive that mandates the deactivation of Black’s heart device. Scheduled for execution via lethal injection at 10 a.m. on August 5th, Black’s legal team raises concerns over potential complications from the device during the execution process.
His lawyers contend that the defibrillator might continuously try to restore his heart’s normal rhythm during the execution, while the state insists he wouldn’t feel any shocks, even if they occur.
Logistically, moving Black from Riverbend Maximum Security Institution to Nashville General Hospital poses security risks, including the possibility of protests along the route. It’s about seven miles between the two locations, and officials believe this journey could complicate things unnecessarily.
Black’s lawyer, Kelly Henry, criticized the state’s claim, arguing that there’s been “zero evidence” of heightened security risks and stated that it was the state that made the hospital procedures public.
The Tennessee Supreme Court has taken on these appeals quickly. Last week, the judge sided with Black’s legal team and initially ruled that the state must deactivate the heart device just before the execution.
As a refresher, Black’s execution involves a single dose of the barbiturate pentobarbital.
The heart device in question is a small electronic implant located near the left collarbone, designed to assist with cardiac function. Although it can be disabled with a handheld machine, officials say that Black’s medical team has declined to travel to the prison for this purpose.
In a recent hearing, the judge ordered Black’s transfer for the morning of the execution. Henry voiced her concern about the timing; she highlighted that deactivation needs to happen just prior to the execution.
In its appeal, the state argues that the lower courts lacked the authority to require the defibrillator’s disablement. They further claim that the order to transport Black on execution day poses a “realistic risk of danger” to staff and others.
But Henry countered, pointing out that the risks associated with transport are minimal, noting that Black’s frail condition—he’s a 69-year-old man—makes him unlikely to be a threat. She found it hard to believe that protests by pacifists, who typically oppose executions through prayer, would cause trouble during transport.
Black was convicted of the 1988 shooting deaths of his girlfriend Angela Clay and her two daughters, Latoya and Reikisha. Prosecutors described him as acting out of jealousy during these tragic events.
The issues surrounding his heart device are part of a broader legal challenge that Black and other inmates on death row have raised against the state’s new execution protocols. A trial regarding these challenges won’t take place until 2026.
