A Judge Gives Tennessee New Orders After An Execution Went Wrong

A Tennessee judge ordered the state Wednesday to preserve all evidence related to the September 30 botched execution of convicted murderer Christa Pike.

Chancellor I’Ashea L. Myles granted the request at a status hearing after Pike’s attorneys argued that evidence from the failed attempt would be needed to challenge any future effort to execute her.

“The state has made no promises that Miss Pike will not be subject to our future execution, and the evidence that we are seeking to preserve now is relevant for any future challenge that she makes,” attorney Luke Ihnen argued.

The order covers medical supplies used during the attempt — syringes, needles, tubing, and drugs — as well as the packaging labels that came with them and any notes from the medical professionals involved. It also includes anything that came with those supplies from the manufacturers, any photos or videos, and any notes taken during the proceedings.

Myles further ordered the state to make every effort to “claw back” anything that had already been discarded.

“The state will have no problem doing this because you all are already doing that,” Myles stated.

Ihnen also petitioned the court to allow Pike’s shackles to be removed and to give her access to a tablet or a phone.

Myles took the request regarding the shackles under advisement but has not yet ruled. She did allow Pike access to a phone, her tablet from the jail, and visitation with her attorneys.

Pike received two doses of the lethal injection drug pentobarbital during the September 30 execution attempt. She was taken to a hospital after the second dose failed to kill her and regained consciousness six days later.

Her attorneys said she was confused when she woke up and has since asked what happened.

“I was not in the room when she woke up, so I don’t want to speculate too much, but from our understanding the first thing she said when she woke up was, ‘Where am I, and who are you?’ … She has wanted to know what happened. She’s asked about her team, the victim’s family.”

The state confirmed at Wednesday’s hearing that there is no pending order for another execution attempt, but has left the possibility on the table.

“There is no pending execution order for Ms. Pike and there is no allegation that one is coming,” Tennessee Assistant Attorney General John W. Ayers said.

When Myles asked whether the state would rule out a future execution order, Ayers responded: “I can’t answer that question.”

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