Billy Ray Irick, the death row inmate executed by the state last week, should not receive an autopsy because it would violate his religious beliefs, a Nashville judge ordered.
Irick sued to block the autopsy about eight hours before he was taken to the execution chamber last Thursday. In the complaint, his lawyer cited Irick's Native American heritage and religious views.
Cutting into Irick's body would amount to desecration under his "sincerely held religious beliefs," Davidson County Chancellor Russell T. Perkins wrote Tuesday in an order that temporarily blocked an autopsy.
"Mr. Irick expressed his Native American heritage and religious/spiritual beliefs in various ways, including art work/paintings of Native American themes and necklace and bead work," Perkins wrote. "Shortly before his death, Mr. Irick expressed his sincere religious belief that an autopsy would violate his religious belief."
Statements submitted by Irick and the prison chaplain at Riverbend Maximum Security Institute backed up the inmate's request.
Irick, 59, was executed for the rape and murder of 7-year-old Paula Dyer in Knox County. He was convicted of the crime in 1986.
Metro legal director Jon Cooper said Nashville would not challenge the order on behalf of the city's medical examiner. The state has the option of fighting Perkins' order, but a court filing from the state medical examiner suggested they would not push for an autopsy.
An autopsy might have bolstered an ongoing challenge of the lethal injection protocol used to kill Irick. Attorneys for 33 death row inmates, including Irick, argue the drugs Tennessee uses in lethal injections lead to torturous pain that is unconstitutional.
During a trial in July, lawyers cited autopsies of executed inmates to support their assertions. A Davidson County judge rejected their argument in July, before Irick was executed. But an appeal is pending.
Reach Adam Tamburin at 615-726-5986 and atamburin@tennessean.com. Follow him on Twitter @tamburintweets.