[1] He was convicted in 1982 for the murder of a police officer following a robbery of a Wendy's restaurant in Memphis, Tennessee, and sentenced to death by lethal injection.
During the robbery, an employee of the restaurant triggered a silent alarm after Workman granted her request to stand up to relieve a cramp in her leg.
Upon their arrival, Workman attempted to flee across a nearby parking lot, where Lieutenant Ronald Oliver was then shot and killed.
[5] At the sentencing phase of the trial, they presented no mitigating evidence, for example, of the physical abuse Workman had suffered as a child, and his drug addiction as an adult.
§ 39-2-203(i)(3)); b) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another (Tenn. Code Ann.
At the 1982 trial, the case of the prosecution rested heavily on the testimony of Harold Davis, who claimed that he had been just 10 feet away from the crime scene and saw Philip Workman shoot Lieutenant Oliver.
In November 1999, Harold Davis retracted his testimony, claiming that he called in the false lead to collect money to support his drug habit.
[7] Steve Craig, an eyewitness to the shooting who did not testify at the trial due to illness, signed a statement in 1995 that he had a clear view of the parking lot and that he had not seen Davis.
[citation needed] Subsequent appellate proceedings, however, failed to establish the falsity of Harold Davis's original testimony.
According to the Tennessee Court of Criminal Appeals, Davis's testimony at a 2002 hearing can be "best summarized" by the following exchange: Prosecutor: You're not saying you lied, right?
The Supreme Court order stated that "if (Workman) did not fire that shot, he is not guilty of the crime for which he is scheduled to be put to death.
[10] Observers contend that the subsequent trial was conducted in a manner biased against Workman, citing in particular the failure of Judge Colton to protect Mr. Davis and Dr. Wecht from abusive questioning by the District Attorney.
[10] Judge Colton also disallowed Wardie Parks, a member of the 1982 jury who has since renounced his verdict, to speak as a witness of new evidence.
"[10] Judge Colton found that Harold Davis' statements "[did] not amount to a recantation of his original trial testimony," "were neither clear nor persuasive," and that "[t]he only definitive statement made by Harold Davis was that he did not clearly remember the events surrounding the death of Lieutenant Ronald Oliver.
"[11] On Friday, May 4, 2007, the U.S. Court of Appeals for the Sixth Circuit refused, by a two-to-one decision, to grant a stay of execution for Workman.
The majority opinion found that "On this record, Workman has not met his burden of showing a likelihood of success in demonstrating that the district court abused its discretion.
However, this restraining order was vacated by a two-to-one decision of the U.S. Court for Appeals for the Sixth Circuit on Monday, May 7 and Workman was moved to death watch.
[7] The decision to vacate the restraining order was stridently criticized, on both procedural and substantive grounds, by the dissenting Judge Cole.
Judge Cole wrote, "The majority's opinion rests on a profound jurisdictional defect: There is no appealable order before this Court.
On May 9, 2007, homeless shelters across Tennessee received massive numbers of pizzas of various toppings from people all over the country honoring Workman's last meal request.
"Philip Workman was trying to do a good deed and no one would help him," said one woman who, together with friends, donated $1200 worth of pizzas to Nashville's Rescue Mission.
People for the Ethical Treatment of Animals (PETA) President Ingrid Newkirk, who donated 15 vegetarian pizzas, commented that "Workman's act was selfless, and kindness to all living beings is a virtue."
At 12:15 a.m. on May 9, 2007, the Tennessee state Supreme Court refused to hear his final appeal, which requested more time for the defense attorneys to review the injection procedures.
When asked by Warden Ricky Bell what his last words would be, he stated "I've prayed to the Lord Jesus Christ not to lay charge of my death to any man."