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Tennessee Man Tony Carruthers Seeks DNA Testing Before Scheduled Execution

4/18/2026, 10:11:21 PM

Background of the Case

On March 3, 1994, the bodies of Marcellos “Cello” Anderson, his mother Delois Anderson, and Frederick Tucker were discovered buried in a Memphis graveyard. They had been missing for a week after being kidnapped from Delois Anderson’s home. The investigation led to suspects Tony Carruthers and the Montgomery brothers, Jonathan and James. Carruthers and James Montgomery were convicted in 1996 of three counts of first-degree premeditated murder and sentenced to death. Jonathan Montgomery was found dead in his cell before the trial.

New Developments in Carruthers' Case

As Carruthers faces execution scheduled for May 21, 2023, the American Civil Liberties Union (ACLU) filed a motion with the Tennessee Supreme Court for post-conviction DNA testing. The motion claims that DNA evidence from the crime scene does not match Carruthers and could potentially exonerate him. Specifically, the motion highlights that fingerprints collected at the crime scene excluded both Carruthers and Montgomery, leaving six unidentified prints.

The ACLU argues that the case against Carruthers was primarily based on testimony from jailhouse informants, which is often associated with wrongful convictions. Furthermore, Carruthers was forced to represent himself at trial, a situation that his current attorneys describe as “inept, ineffective and disastrous,” citing his ongoing mental illness at the time.

Evidence and Testimonies

During a retrial, James Montgomery, who was also convicted, provided a statement exonerating Carruthers and implicating another suspect, Ronnie “Eyeball” Irving. Montgomery's statement indicated that he and Irving were responsible for the kidnapping and murders, and he confirmed that Carruthers was not involved. The ACLU's motion notes that DNA testing from the crime scene did not match either Carruthers or Montgomery, with one robust male profile remaining unidentified.

Despite these developments, the Tennessee Court of Criminal Appeals recently denied Carruthers' appeal for fingerprint testing, stating that there was no reasonable probability that the results would alter the outcome of his prosecution or conviction.

Implications and Next Steps

If the DNA testing requested by the ACLU confirms Carruthers' innocence or raises doubts about his conviction, he could seek to stay his execution. The case highlights broader issues surrounding the use of DNA evidence in capital cases, with 34 individuals exonerated from death row since 1993 based on DNA findings.

Official Statements & Responses

The ACLU emphasized that “there has never been any physical evidence linking Mr. Carruthers to the crime,” and called attention to the potential for wrongful conviction based on unreliable testimony. Meanwhile, the Tennessee Court of Criminal Appeals maintained that the likelihood of exoneration through the requested testing was insufficient to warrant a stay of execution.

Verbatim Quotes

  • “There has never been any physical evidence linking Mr. Carruthers to the crime and the case against him was built on testimony from jailhouse informants, widely known to be one of the leading causes of wrongful convictions,” — ACLU
  • “Carruthers anticipates that, if granted, the DNA testing itself will be concluded prior to his May 21st execution date, so this Motion for Testing, in and of itself, is unlikely to affect the timing of his scheduled execution.” — ACLU Motion
  • “The Court does not find that a reasonable probability exists that the [P]etitioner would not have been prosecuted or convicted if the hoped-for results are obtained through the requested fingerprint analysis,” — Tennessee Court of Criminal Appeals

This case continues to evolve as Carruthers seeks to prove his innocence through DNA testing, raising significant questions about the integrity of the judicial process in capital punishment cases.