Lawyer for Christa Pike Seeks to Halt Further Execution Attempts After Botched Procedure

Christa Pike's lawyer is requesting that her shackles be removed and that she be granted phone access while she recovers in the hospital following a botched execution attempt on September 30. Pike, 50, is reportedly awake and communicating minimally one week after executioners attempted to administer two doses of lethal injection.

Pike was sentenced to death in 1995 for the beating and stabbing death of her classmate, Colleen Slemmer. During a court hearing on Tuesday, her attorney, Luke Ihnen, made an emergency plea to Judge I’Ashea Myles to remove the restraints on Pike at her hospital bed and provide her with a phone.

"Up until yesterday, our client was unconscious, unable to communicate with counsel, unable to communicate with medical providers," Ihnen stated. He added that medical staff had requested the shackles be removed but were denied by the Tennessee Department of Correction (TDOC).

Judge Myles did not immediately rule on the requests. She asked Pike's legal team and state representatives to provide further information regarding Pike's potential use of a tablet device at the hospital and to present evidence that medical staff indeed want the shackles removed.

Pike's lawyers were in court for the emergency hearing as they seek to preserve all evidence related to the failed execution. "TDOC continues to put up roadblocks, not only for the providers at the hospital, but for counsel, and so we would ask for an order granting continuous, liberal access to Ms Pike," Ihnen said. He expressed frustration over the state's alleged deliberate withholding of information about the evidence.

Assistant Attorney General John Ayers, representing the state, asserted that there is no pending execution order for Pike and denied claims that TDOC is obstructing access for her lawyers. He stated that a process is in place to facilitate visitation requests. Ayers also contended that Pike has not historically had unrestricted phone access and that requests for such access now go beyond previous conditions.

Judge Myles ruled that Pike's lawyers must provide a two-hour notice via email to prison wardens before visiting her in the hospital. "[Just because Pike] is currently in a hospital does not mean that she should have any less access to her attorney than she would when she was in the women’s prison," the judge remarked. She deferred a decision on the tablet request, asking for more details on its use in a private hospital setting. The judge also requested an affidavit from hospital staff supporting the removal of shackles before making a ruling on that matter.

Regarding the evidence preservation, Ayers stated that the Department of Corrections has already saved pertinent materials, including log books, observation logs, medical waste, and electrocardiogram readouts. He noted that IV lines may have been cut and could still be attached to Pike. He argued that ordering the preservation of such evidence without further consultation could be premature and prejudicial.

Despite these points, Judge Myles granted Pike's request for a preservation order, acknowledging the unusual nature of the case. "Take special care not to lose, misplace, accidentally delete any information pertinent to this investigation," she instructed. The judge also confirmed that all evidence from the attempted execution must be preserved. The legal team is also seeking to prevent any future execution attempts. In response, the state has made no promises that Pike will not face another execution attempt.