Darrell Hines’ attorneys sent a letter to Tennessee Governor Bill Lee requesting that he grant their client a reprieve from his scheduled execution on August 13, “until the Tennessee Department of Correction (TDOC) can demonstrate it is capable of carrying out executions in accordance with the Constitution, state law, and its own protocol.”

TAKE ACTION NOW: Urge Governor Lee To Grant Darrell Hines a Reprieve

The letter from his attorneys requesting a reprieve explains that in December and January, Mr. Hines suffered multiple strokes that left him severely impaired. Since that time, he has lived in the prison infirmary. He is unable to walk, cannot move his left arm, hand, or leg, or see out of his left eye. He cannot move without assistance. He also has major neurological and cognitive impairments and is in constant pain.

“It is grotesque that TDOC plans to lift this frail, debilitated man from his infirmary bed and strap him onto an execution gurney,” said Kit Thomas, one of Mr. Hines’ attorneys. “We are asking Governor Lee to avoid the serious risk of another botched execution by granting Mr. Hines’s reprieve request.”

The letter references Tony Carruthers’ failed execution on May 21, during which executioners spent 90 minutes repeatedly jabbing him in his arms, hand, feet, chest, and neck in an attempt to establish an intravenous line before the execution was finally halted.

Read more about Mr. Carruthers’ failed execution attempt in Elizabeth Bruenig’s new piece for The Atlantic.

Mr. Hines’ lawyers assert that Mr. Carruthers’ botched execution attempt “demonstrates that [TDOC] remains incapable of effectively performing executions by lethal injection even in the absence of [the] additional medical complications” that Mr. Hines’ condition presents. It also notes that “TDOC’s use of a physician who had not set a central line in over a decade in the botched execution of Mr. Carruthers is but the starkest example of its inability to constitutionally administer capital punishment under the 2025 Lethal Injection Protocol.”  

In connection with the litigation on Tennessee’s lethal injection protocol, Mr. Hines’ attorneys have also asked TDOC to confirm whether it plans to use the same doctor in his execution as it used for Mr. Carruthers, and whether it intends to execute him with expired drugs. TDOC refused to answer similar requests prior to Mr. Carruthers’ failed execution.

Given Mr. Hines’ medical condition and TDOC’s well-documented history of execution maladministration, Governor Lee should stop this execution to allow the court process around the lethal injection protocol to conclude. The risk to everyone, including Mr. Hines, those asked to carry out the execution, the victim’s family, the witnesses, and the Tennessee public is simply too great.

TAKE ACTION NOW: Urge Governor Lee To Grant Darrell Hines a Reprieve

Last week, Ohio Governor Mike DeWine gave a long-awaited press conference detailing the reasons that about he no longer supports the death penalty!

TAKE ACTION: Join with Ohioans and others from around the country to thank Governor DeWine and urge him to use his power of executive clemency for those on Ohio’s death row.

As our colleagues at Ohioans to Stop Executions (OTSE) shared, Governor DeWine noted the impact on victims’ family members saying, “One feeling, however, that seems to be universally held by victims’ families is that the long, long wait to see if the death penalty is carried out is frustrating and very hurtful for these families.”

He also pointed to the impact executions have on corrections staff. “We must be mindful of the impact preparations for, and the carrying out of executions have on them. They are the forgotten people — but they are real people. They are our fellow Ohioans.”

Governor DeWine’s evolution on the death penalty demonstrates his commitment to sound public policy as well as strong leadership. Given the gruesome botched execution attempt of Tony Carruthers a few weeks ago, we will continue to urge Governor Lee to show the same commitment and leadership by stopping executions in Tennessee.

P.S. Watch Governor DeWine’s press conference here.

(Picture from National Governors Association)

Tony Carruthers’ Federal Defenders and his ACLU attorney held a press conference yesterday, urging Governor Lee to pause all executions until litigation on Tennessee’s 2025 lethal injection protocol concludes.

TAKE ACTION: Thank Governor Lee for granting a reprieve to Tony Carruthers and ask the governor to pause all executions until litigation on Tennessee’s lethal injection protocol concludes.

You can watch the press conference here.

Recap of the Press Conference:

First Assistant Federal Public Defender Amy Harwell told reporters that though her team is grateful for Mr. Carruthers’ reprieve, this won’t solve the problems with Tennessee’s lethal injection protocol.

“There is more that needs to be done,” Harwell said. “What happened to Mr. Carruthers on Thursday was not just foreseeable–it was, in fact, foreseen.”

She referenced the Burns v. Strada lawsuit, filed over a year ago, which clearly outlines the problems with the Tennessee Department of Correction’s (TDOC) 2025 protocol. Because the TDOC chose to ignore the warnings in the lawsuit, Mr. Carruthers suffered as a result.

Federal Defender Kit Thomas reminded the media that the 2025 lethal injection protocol was adopted after Governor Lee requested an independent investigation into problems with the former protocol. Because of those problems, Governor Lee stopped Oscar Smith’s 2022 execution only an hour before it was to occur.

When requesting this investigation in 2022, Governor Lee said that he expected the TDOC to leave no question that procedures are correctly followed. But the investigation’s report revealed pervasive noncompliance by the TDOC with its own lethal injection procedures. Governor Lee hired Frank Strada, the former Deputy Director for the Arizona Department of Corrections, to serve as the new TDOC Commissioner. Mr. Strada oversaw the adoption of a new protocol, even though Arizona had a long history of troublesome administration of its own lethal injection protocol, including violations of its execution protocol, during Mr. Strada’s tenure.

Upon the release of the newly-adopted 2025 Tennessee protocol, federal defenders were shocked to see the primary changes to the new protocol did not address the problems identified by the investigation’s report but instead concealed those problems behind vague rules and weaker safeguards.

In fact, in the Burns complaint, attorneys highlight the failure of the new protocol to ensure that those involved in the execution are trained, qualified, and prepared to access an IV line. They also raise concerns about telephone access for capital attorneys during an execution. The TDOC continued to dismiss these concerns as speculative.

But there is nothing speculative about what happened to Tony Carruthers last Thursday.

Wrapping up the press conference, Senior Counsel for the ACLU’s Capital Punishment Project Maria DeLiberato, who was with Mr. Carruthers for Thursday’s agonizing 90-minute ordeal, outlines in detail what happened in the execution chamber.

She highlights the absurdity that, as an attorney for a death row client who is being executed, she struggled to access a phone to call outside counsel when problems arose. DeLiberato was refused use of the phone in the execution chamber while the Attorney General’s representative and the warden both had cell phones in their pockets. She was told to leave the chamber, and consequently her client, to find a phone. TDOC staff then frantically looked for a phone, finding one on the floor of the death watch chamber. It was unplugged. DeLiberato had to wait until it was plugged in and the light finally came on before she could call an outside attorney to request the execution be stopped.

Thursday’s outcome is shocking but not surprising. Tennesseans must demand that such a barbaric spectacle not happen again with our tax dollars and in our name. Join us to demand better.

➡️TAKE ACTION NOW TO LET GOVERNOR LEE KNOW WE MUST PAUSE ALL EXECUTIONS.

Governor Lee has granted a one year reprieve from execution for Tony Carruthers after the Tennessee Department of Correction (TDOC) was unable to access a vein to carry out his scheduled execution today.

TADP has been sounding the alarm for years about the serious problems with the lethal injection protocol, including the lack of transparency around the process. Just this spring, we advocated for legislation to address this lack of transparency.

Today’s horrific display illustrates our point and demands accountability from the TDOC and the State.

Though we are profoundly grateful for the reprieve, there is no excuse for what happened to Tony Carruthers and to all those who were forced to be a part of this torturous spectacle.

TADP will update you more as we have more info.

Join TADP, ACLU, NAACP Nashville Branch, Faith Leaders of Color Coalition (flocc), Witness to Innocence, Catholic Mobilizing Network (CMN), Free Hearts, and others to tell Governor Lee to stop Tony Carruthers’ scheduled execution and to test the DNA evidence!

We need you to turn out on Monday, May 18, to urge Governor Lee to act!

Please plan to arrive around 12:30 p.m. outside the entrance to the Cordell Hull Building on Rep. John Lewis Way (5th Avenue N). The march will begin at 12:45 p.m. with a rally following at 1:00 in front of the Capitol steps across from Speaker Beth Harwell Plaza. The petition delivery will follow.

You can still sign the petition here!

In a powerful press conference on April 30th, Witness to Innocence and the Tennessee Innocence Project asked Governor Lee to stop the May 21 execution of Tony Carruthers and to test the DNA that could prove his innocence.

Watch the press conference here.

Tennessee residents Ray Krone, Sabrina Butler-Smith, and Ndume Olatushani, all wrongfully convicted and sentenced to death for crimes that they did not commit, shared their experiences and reiterated the necessity of leaving no stone unturned in the search for the truth, particularly when a life is on the line.

Mr. Olatushani stated, “As long as we have the death penalty, innocent people are going to be executed. I have no doubt about that.”

Tennessee Innocence Project’s Jason Gichner added, “DNA doesn’t take sides. It’s science. It’s objective. Law enforcement can use DNA to solve crimes and find guilty people. But we can also use DNA to validate claims of innocence and bring innocent people home.”

Ray Krone shared that without DNA testing in his case, he would have likely been executed. He explained that the State of Arizona tried to dismiss his attorney’s request for further DNA testing as a “fishing expedition” that would serve no purpose. The court disagreed. The DNA not only proved Mr. Krone’s innocence but identified the actual killer, a man already in prison for other violent crimes.

Sabrina Butler-Smith stated, “Just give people the opportunity. Let them prove their innocence. They are fighting for their lives.”

On May 6, Memphians will gather at the National Civil Right Museum at 1:00 p.m. to continue the call to Governor Lee to stop this execution and request the DNA testing in this case. If you are in the Memphis area, please join with faith and community leaders, as well as those directly impacted, in support of this request.

TAKE ACTION NOW: Please sign and share the letter to Governor Lee and call him at (615) 741-2001. Tell him to pause Mr. Carruthers’ scheduled execution and to order the DNA testing.

On May 21, the state of Tennessee plans to execute Tony Carruthers — even though it refuses to run simple fingerprint and DNA testing that could prove his innocence.

Governor Bill Lee has the power to pause this execution and demand answers to the most basic question: Did Tennessee get the right person?

Tell Governor Lee that this execution cannot go forward without this answer.

Here is what we know:

• Mr. Carruthers was convicted without physical evidence.
• His conviction was based on testimony from informants, including one paid by the state who later recanted his statement.
• For decades, the state denied that this informant was paid, and actively prevented the jury from knowing the full truth.
• Mr. Carruthers was forced to represent himself in court despite extreme mental illness – resulting in a trial riddled with so many mistakes that his co-defendant was granted a new trial.
• There are several fingerprints and DNA from the scene that don’t match Mr. Carruthers, but they were never compared to a suspect identified by his co-defendant.

If Tennessee executes Mr. Carruthers, he will be the first person in nearly a century to be executed after being forced to represent himself at trial.

If you believe that Tennessee should not execute Tony Carruthers until all the evidence has been tested, then send Governor Lee a letter asking him to pause the execution and allow for all the forensic testing.

As we emerge from the cold fury of Fern, TADP hopes and prays that you are warm and safe. A week later, we are happy to report that all of our staff finally have power and are back in their homes.

Now something to look forward to, along with the coming of spring: TADP’s Day on the Hill on Tuesday, March 31!

Please put this date on your calendar and consider making the trip to Nashville to join us for a day of sharing our concerns with Tennessee lawmakers about the problems with the death penalty.

You can register for TADP Day On the Hill here.

In addition to visiting with lawmakers, Tennessee Conservatives Concerned About the Death Penalty (TNCC) is also hosting a legislative breakfast that morning at 8:00 a.m. at the Old State Law Library in the Capitol building, and you are invited!

TNCC Director Jasmine Woodson will be in conversation with the former Oklahoma Board of Pardon and Parole Chair and pro-life conservative Adam Luck to discuss the growing concern among conservatives nationwide about the death penalty system and its inconsistency with the conservative principles of limited government and pro-life policies.

Regardless of your political affiliation, we hope you will join us for breakfast and conversation.  

Then spend the day with us for TADP Day on the Hill.

Don’t forget to register!

Nonviolence is a powerful and just weapon. Indeed, it is a weapon unique in history, which cuts without wounding and ennobles the man (woman) who wields it. I believe in this method because I think it is the only way to reestablish a broken community. It is the method which seeks to implement the just law by appealing to the conscience of the great decent majority who through blindness, fear, pride, and irrationality have allowed their consciences to sleep. Reverend Dr. Martin Luther King, Jr., Nobel Lecture, December 11, 1964​

In our nation today, the capacity for the powerful to exaggerate and exploit divisions among us, encourage the demonization of one another, and desensitize us to state violence is greater than at any time in history. 

We are at least as divided, if not more so, than we were when Dr. King risked everything to free us from the idolatry of racism and violence. He spoke the truth to us in love, appealed to our higher angels, and empowered ordinary Americans to more fully realize those self-evident truths set out in our Declaration of Independence, that all people are created equal, endowed by their Creator with certain inalienable rights.

On Monday, January 19, we will remember, celebrate, and reaffirm our commitment to carry on Dr. King’s legacy as we gather for the annual MLK Day March in Nashville. 

Join TADP between 8:30 and 9:00 a.m. at Jefferson Street Missionary Baptist Church. Look for a large vertical TADP sign that says, “God does not approve of the death penalty.” That’s us! 

 The walk concludes at TSU’s Gentry Center with a program to follow.  

 We hope to see you then!​

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We at TADP are heartbroken. Harold Wayne Nichols was pronounced dead at 10:39 a.m. CT on Thursday December 11. And what has changed with his execution? Nothing…only more violence, more victims, more death.

Thanks to all of you who wrote, called, attended events, shared social media, and made your voices heard. We know that the death penalty is a morally bankrupt and failed system that must be dismantled. Together we will keep doing everything we can to ensure its end.

Below is the statement from Mr. Nichols’ amazing legal team. We give thanks for them and their tireless efforts on his behalf. Please hold them in your thoughts and prayers in the days ahead.

DECEMBER 11, 2025 – Statement from Justyna Scalpone and Deborah Drew, Tennessee Office of the Post-Conviction Defender; Stephen Ferrell, Susanne Bale and Luke Ihnen, Federal Defender Services of Eastern Tennessee

Reports out today will likely focus on the “how” of Wayne’s execution, but what most needs to be addressed is the “why,” why today we forcibly ended 35 years of remorse and accountability.

In this moment, we should not attempt to take solace in the hollow excuse that executing Wayne somehow delivered justice when we all know it did not. Instead, our state sent the message that no one can rise beyond the crimes they committed decades earlier and that redemption deserves no mercy. Executing Wayne served but one goal: retribution.

Our legal team, although devastated by the State’s actions, is so very grateful to have had the opportunity to know Wayne and be inspired by his incredible spirit. Through years of difficult self-work and coming to terms with his own trauma and the pain he caused others, Wayne became, against all odds, a trustworthy, responsible, and compassionate person, greatly respected and loved by many. He transformed into the man that Ann Pulley, Karen Pulley’s mother, had challenged him to become 35 years ago.

Wayne, you will forever remain in our hearts.