A Tennessee death row inmate, Tony Carruthers, has filed a last-minute legal motion arguing that untested DNA evidence could prove he was not involved in a 1994 triple kidnapping and murder, just weeks before his scheduled execution.
Carruthers is set to be executed on May 21 for the killings of Marcellos Anderson, his mother Delois Anderson, and Frederick Tucker, whose bodies were discovered buried in a Memphis cemetery. Prosecutors previously argued that Carruthers and co-defendants carried out the crime as part of a robbery plot, leading to his conviction and death sentence in 1996.
However, a new filing by the American Civil Liberties Union to the Tennessee Supreme Court claims that crucial forensic evidence has never been properly tested using modern DNA technology. According to the motion, fingerprints recovered from the crime scene excluded both Carruthers and his co-defendant, leaving multiple unidentified prints.
The filing also highlights that earlier DNA analysis did not match either Carruthers or his co-defendants. Investigators reportedly found a viable male DNA profile on a cloth buried with the victims, but that sample has never been linked to any suspect.
Carruthers’ legal team argues that the original case relied heavily on testimony from jailhouse informants rather than physical evidence, raising concerns about the reliability of the conviction. They also contend that Carruthers’ ability to defend himself during trial was compromised, citing mental health issues and his decision to represent himself after conflicts with multiple attorneys.
Adding to the controversy, a co-defendant, James Montgomery, later provided a statement claiming Carruthers was not involved in the crimes and identified another suspect. That individual, now deceased, was never tested against the unidentified DNA or fingerprints, according to the motion.
Despite these claims, the Tennessee Court of Criminal Appeals recently denied a separate request for fingerprint testing, stating there was no reasonable probability that new analysis would have changed the outcome of the original trial.
Carruthers’ attorneys argue that advances in forensic science could now provide definitive answers. According to the Death Penalty Information Center, at least 34 death row inmates in the United States have been exonerated through DNA evidence since 1993, underscoring the potential impact of such testing.
While the current motion may not delay the scheduled execution, Carruthers’ legal team says they will seek a stay if new DNA results cast doubt on his conviction, setting up a high-stakes legal battle in the final weeks before his execution date.