Wayne Burgess
In 1999, Wayne Burgess was convicted of murder and sentenced to life in prison for the death of his girlfriend’s one-year-old daughter in Pulaski, TN. He spent more than 24 years locked up in Hardeman County Correctional Facility, losing decades of his life for a crime he did not commit. After more than a year of tireless work by a team of attorneys led by Jason Gichner, Tennessee Innocence Project (TIP) Deputy Director and Senior Legal Counsel, the conviction was overturned and vacated on April 13, 2023. The prosecution chose not to retry the case and all charges against Wayne are now dropped.
Pictured is Wayne leaving Giles County Jail while being met with loved ones.
The ruling followed a contested hearing in Giles County, where experts addressed the crucial medical evidence in the case. The theory presented at trial in 1999 was that Mr. Burgess struck the child, resulting in a liver laceration that caused her death. This theory was based upon the medical opinion of former Tennessee medical examiner Charles Harlan. Law enforcement relied on Dr. Harlan’s opinion, focusing their investigation on Wayne, but Dr. Harlan’s opinion was wrong. Jurors only heard Dr. Harlan’s opinion. At the post-conviction hearing, Wayne’s trial attorney, the Honorable Bobby Sands, testified that it was a case that weighed heavy on his heart over the years.
(Right) Friends, family, Bass, Berry & Sims and the Tennessee Innocence Project who all support Wayne
Dr. Adele Lewis, Chief Medical Examiner of the State of Tennessee, and Dr. Thomas Rauth, Medical Director of Pediatric Surgery at The Children’s Hospital at Tristar Centennial, provided expert testimony at the post-conviction hearing that proved it was scientifically impossible that Wayne Burgess committed the crime. The experts addressed the grade of injury, the mechanism of injury and the findings at the autopsy. After hearing the testimony, Circuit Judge David Allen ruled, “Mr. Burgess could not have committed the crime and is innocent of the offense.”
Wayne’s exoneration was a team effort including Ashleigh Karnell of Bass, Berry & Sims. Ms. Karnell worked at TIP in 2022 on a six-month pro-bono fellowship. Other crucial contributors included Tennessee Innocence Project Executive Director and Lead Counsel Jessica Van Dyke, Intake Fellows Margaret Wilson and Sarah Barrett, and other TIP staff.
This case is the 5th exoneration achieved by The Tennessee Innocence Project.
Pictured is Mr. Burgess with family members who greeted him warmly after he walked out of the Giles County Jail doors.
All photos in our story credited to Shannon Fontaine and Fontaine Creative.
To hear the story News Channel 5 did on Wayne’s release, click here.