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ACLU Urges Supreme Court to Stop Tennessee From 'Executing a Potentially Innocent Man'

Tennessee man Tony Carruthers is seen in a mugshot.

(Photo via Tennessee Department of Corrections)

ACLU Urges Supreme Court to Stop Tennessee From 'Executing a Potentially Innocent Man'

"The court must stand firmly on the side of truth, fairness, and the basic principle that we should not take a life while serious questions of innocence remain unanswered."

The ACLU on Wednesday urged the US Supreme Court to intervene and block the state of Tennessee from executing a man who could be exonerated by DNA evidence.

In its plea to the court, the ACLU said that Tennessee is "sitting on unidentified DNA and fingerprint evidence" that could prove the innocence of Tony Carruthers, who has been on death row for three decades after being convicted of kidnapping and murdering three people in 1996.

The ACLU has repeatedly asked for Carruthers' execution, which is scheduled for Thursday, to be postponed so that investigators can take between two and three weeks to examine potentially exculpatory forensic evidence.

Lucas Cameron-Vaughn, legal director of the ACLU of Tennessee, said the state had a duty to ensure that it had convicted the right man, and he pointed to troubling aspects of the case that should give courts pause before signing off on his execution.

“Mr. Carruthers was forced to represent himself at trial, and now faces death based on flimsy circumstantial evidence and unreliable witnesses," Cameron-Vaughn said. "Forensic evidence the state refuses to test could change everything. The Supreme Court must act now to stop Tennessee from taking an irreversible step while so many critical questions remain unanswered.”

Maria DeLiberato, senior counsel at the ACLU’s Capital Punishment Project, argued that the Supreme Court is "the final safeguard between Tennessee and this irreversible injustice" that would come from executing someone for a crime they may not have committed.

"We are only hours away from the state of Tennessee executing a potentially innocent man while they are sitting on evidence that could prove who really committed this crime," DeLiberato said. "The court must stand firmly on the side of truth, fairness, and the basic principle that we should not take a life while serious questions of innocence remain unanswered and while readily available forensic testing could answer those very questions."

Republican Tennessee Gov. Bill Lee on Tuesday said he would not intervene to stop Carruthers' execution, even after local faith leaders and past exonerees delivered a petition signed by more than 130,000 Americans asking him to reconsider.

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