Special Investigations

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False Testimony Sent Tony Carruthers to Death Row. Tennessee Is About to Kill Him.

Carruthers’s murder conviction hinged on the claims of paid informant, who has repeatedly recanted his testimony. 

Earley Story will never forget the name Alfredo Shaw.

As a longtime employee at the Shelby County Jail in downtown Memphis, Story had seen the young man come in and out of the detention facility known as 201 Poplar since the 1980s. Shaw acted cocky, but there was fear in his eyes. Story, a devout Christian, occasionally had conversations with him about God.

In 1994, Shaw became a witness in a grisly triple homicide. A local drug dealer, along with his mother and a teenage friend, had been abducted, murdered, and buried in a freshly dug grave at a cemetery in South Memphis. Prosecutors arrested 25-year-old Tony Carruthers, who had recently gotten out of prison. There was nothing directly tying him to the crime — and he swore that he had nothing to do with it. But Shaw claimed that Carruthers confessed to him. In 1996, a jury sentenced Carruthers to die.

Like most people, Story assumed Carruthers was guilty. But in January 1997, Story himself was accused of a crime he swore he did not commit. He was arrested and charged with selling drugs to an undercover officer. There was no evidence against Story — in fact, the presiding judge initially threw out his case for lack of probable cause. But in 1999, he was tried, convicted, and given probation. The main witness against him was Shaw.

Story was convinced he’d been framed. Over the previous decade he’d become known as a whistleblower, documenting violence and abuse at the jail. This made him a target for retaliation. “I had some enemies within the sheriff’s department,” he said.

“We’re not the only ones he’s done this to.”

“We’re not the only ones he’s done this to.”

Story lost his job and his pension as a result of his conviction. He had been fighting to clear his name for 20 years when, one week before Christmas 2017, he got an envelope in the mail from Riverbend Maximum Security Institution in Nashville. That return address was written in elaborate script below the name “Tony Von Carruthers.”

The envelope contained records confirming what Story had long known to be true: Shaw had been a paid confidential informant. Although this had been an open secret in Memphis for decades, the Shelby County District Attorney’s Office repeatedly denied it. “I have talked to the prosecutors who tried your client and neither is aware of any situation where Alfredo Shaw acted as a paid informant for anybody,” the office had written to Carruthers’s post-conviction attorneys.

The enclosed documents chronicled drug buys Shaw made on behalf of the sheriff’s department between 1991 and 1997. Conspicuously absent was the date when Story supposedly sold drugs to Shaw. Story believed that this should exonerate him. But the courts disagreed.

Story did not know precisely why Carruthers mailed him the records. Nor did he know the truth behind Carruthers’s innocence claim. But when he heard that Tennessee had set an execution date for Carruthers, he was deeply disturbed. No one, he says, should be executed based on the testimony of Alfredo Shaw.

“I’d hate to see him murdered, put to death, when there’s so many open ends,” he said.

Tony Carruthers is scheduled to die by lethal injection on Thursday morning at 10 a.m.

He has maintained his innocence for 32 years.

On Monday, Carruthers’s supporters, including family members and advocates from the American Civil Liberties Union, delivered a stack of petitions to the office of Tennessee Gov. Bill Lee at the state Capitol in Nashville. Despite mounting calls for Lee to stop the execution, on Tuesday he announced that he would not intervene.

In a clemency petition, his attorneys describe Carruthers’s case as a travesty of justice: a death sentence based on lies and a flimsy narrative that was bankrupt from the start. Among those who have spoken out against the execution is Story, now 72. He is joined by another ex-jailer, Bernard Kimmons, who also says he was wrongfully convicted of selling drugs based on Shaw’s testimony. Wearing “Save Tony Carruthers” T-shirts, the men told a Memphis news station that Shaw has a track record of putting innocent people in prison. “We’re not the only ones he’s done this to,” Kimmons said.

False testimony by jailhouse informants is a leading cause of wrongful convictions, often used to fill the gaps in cases where the state’s evidence is weak. The Innocence Project has found that roughly a quarter of death row exonerations are in cases involving a jailhouse snitch.

In Carruthers’s case, no physical evidence implicated him in the murders. Fingerprints from the crime scene have never been linked to anyone, and a blanket found buried with the victims has been shown to have an unknown male DNA profile. Some of the most horrifying details of the crime have also been discredited in the decades since Carruthers’s trial. The case remains infamous in Memphis because of the ubiquitous claim that the victims were buried alive. But this has long been debunked. Although a medical examiner said at trial that the victims suffocated to death, he later retracted his testimony — and other experts have said there was never anything to support it.

These red flags — a lack of physical evidence, unreliable witnesses, and bogus forensic testimony — are all-too familiar features of wrongful convictions. But Carruthers’s case is uniquely shocking in another way: He was sent to death row after acting as his own lawyer at trial. Carruthers’s attorneys have long argued that this doomed Carruthers from the start. They write in his clemency petition that he has a long history of undiagnosed mental illness and “was not competent to stand for trial, much less competent to represent himself.”

Carruthers’s self-representation was especially self-sabotaging where Shaw, the jailhouse snitch, was concerned. By the time Carruthers went to trial in 1996, Shaw had recanted his statements implicating Carruthers in an explosive TV interview, and prosecutors decided against calling Shaw as a witness. But in a perverse irony, Shaw ended up testifying anyway — not for the state, but for the defense. “In an effort to show that the prosecution had secured the indictment with an untrue story,” the clemency petition explained. “Mr. Carruthers believed he had to call Alfredo Shaw to the stand.”

The result was so disastrous that a judge later........

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