x
Breaking News
More () »

Tennessee may move Billy Ray Irick to 'death watch' on Monday

Billy Ray Irick is scheduled to die by lethal injection on Thursday. He was convicted in 1985 of the rape and murder of a 7-year-old Knoxville girl.

There's still a chance the Tennessee Supreme Court will prevent Billy Ray Irick from receiving a lethal injection on Thursday.

But if the high court does not issue a stay of execution Monday, and Gov. Bill Haslam takes no action, then "death watch," the next stage of Tennessee's death penalty procedure, takes effect.

A death row offender moves from his or her cell to death watch three days before the execution, according to the Tennessee Department of Correction. Irick, convicted in the 1985 rape and murder of a 7-year-old girl in Knox County, is slated to die at 8 p.m. Thursday.

RELATED: Remembering Why: Rape and murder of 7-year-old Paula Dyer

That means at some point Monday, he could move from his cell at Riverbend Maximum Security Institute to a cell a few feet away from the room where his life will is scheduled to end.

In addition to a physical move, it's also the time when an offender decides what he or she wants for a last meal.

As of Saturday, Irick has not been asked about death watch or his last meal, said his attorney Gene Shiles.

If executed, Irick would be the first inmate put to death in Tennessee since 2009. Although the state has scheduled several executions for Irick in the past, all have been delayed before Irick would have moved to death watch, Shiles said.

MORE: Fungal meningitis outbreak victims seek to intervene

Offenders on death watch are observed around the clock by correctional officers. The death watch cells are essentially the same size as Irick's current cell, but these cells have iron bars for a door. Many of the cells on death row have solid doors that include a window.

"The offender is placed in a cell that is approximately 8 feet by 10 feet. The cell has a metal-framed bed with one mattress," reads a description of the death watch procedure on the department's website.

"There is also a metal desk with a metal stool attached to it, a metal shelf, and a shower, a stainless steel sink and toilet. It has a small window that provides a limited view of one of the prison's grounds."

Items for inmates on death watch are limited: a few toiletries, up to 12 sheets of paper, one set of clothes, some religious materials and legal documents as requested. The offender may have a television set, but it must be outside the cell.

There's a telephone outside of the cell, but only for calls approved by the warden. The state will also provide clothes appropriate for a funeral, if the offender does not receive them from a family member, according to the department.

There is still a good chance Irick will not be not moved to death watch Monday. He has asked the state Supreme Court to delay his execution so he can continue to participate in a legal challenge of the state's lethal injection protocol, and the high court is expected to make a decision Monday.

Irick and 32 other death row offenders sued the state earlier this year, arguing the three drugs it plans to use to execute Irick will essentially torture him to death. They also say the state has not done enough to find drugs that could kill him in a more humane manner.

A Davidson County judge disagreed, ruling in favor of the state in late July after a two-week trial. The inmates are appealing the judge's ruling.

Nashville attorney and death penalty expert David Raybin said he would be "astounded" if the state Supreme Court did not issue a stay. He anticipates the court will both delay the execution and evoke a legal procedure that allows it to immediately hear the lethal injection case, as opposed to waiting for a lower court to hear the appeal.

Haslam also has the authority to change Irick's death sentence to life without the possibility of parole. The governor is reviewing Irick's clemency petition but has not yet made a decision, according to a spokeswoman.

Before You Leave, Check This Out