The police exclusively focused its investigation on him because he was on the crime scene even if he told officers that he saw a man fleeing. They did not investigate other suspects including the victim’s violent ex-husband.
In a petition for Pervis Payne, his lawyers argued that someone close to the victim committed the brutal attack. They stated that evidence showed that it was a crime of rage.
Additionally, his lawyers pointed out that the prosecution’s case relied on racial stereotypes and fears. Prosecutors argued that Pervis Payne is a Black man who had taken drugs, was looking for sex, attacked and killed the victims, a white woman, and her two-year-old daughter, and fatally-stabbed her four-year-old son.
DNA testing could provide scientific proof to exonerate Pervis Payne
Furthermore, Pervis Payne’s lawyers argued that numerous pieces of crime scene evidence were never tested for DNA including a knife, a tampon, fingernail clippings, and bloodstained items. They noted that the fingernail clippings maybe the most important pieces of untested evidence because the prosecution stated in the trial that the victim scratched Pervis Payne.
