Tennessee Judge Orders Preservation of Evidence in Botched Execution of Christa Pike

A Tennessee judge has granted a motion to preserve all evidence related to the recent botched execution attempt of Christa Pike, the state's only woman on death row.

Chancellor I’Ashea Myles ordered the Tennessee Department of Correction (TDOC) to maintain all relevant physical, written, and electronic evidence, including photographs, video and audio recordings, surveillance footage, drugs, syringes, IV lines, logs, checklists, and witness accounts. The judge also stipulated that any discarded or destroyed information must be actively recovered.

Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer. Her execution on September 30 was halted after she was administered two doses of pentobarbital, which her attorneys allege caused her "cruel and unusual punishment." According to their court filing, at least seven needles were used to establish IV access, and one needle reportedly bent at a 90-degree angle upon removal. Pike's arms were swollen, burned, and blistered when she arrived at a hospital following the attempt, her attorneys stated.

Pike's legal team filed an emergency motion seeking the preservation order, asserting that TDOC had an affirmative duty to protect evidence given the "manifest violation of Ms. Pike's constitutional rights" and the potential for litigation. "We don't know what they have because they won't tell us, and so the preservation order seeks the broadest possible preservation of evidence," stated Luke Ihnen, one of Pike's attorneys.

During a hearing, Ihnen informed the court that Pike had regained consciousness and was speaking, albeit limitedly. He noted that the attorneys had not been able to visit their client until the day before the hearing due to TDOC's perceived barriers to access.

Assistant Attorney General Will Ayers for the State of Tennessee assured the court that TDOC had been instructed to preserve evidence and that physical evidence, including logbooks and medical waste, had been collected. He acknowledged that some items, such as portions of IV lines, might be with Pike at the hospital.

Chancellor Myles stated that she would not rely solely on federal cases cited by the state in her ruling.

Pike's attorneys had previously expressed concerns about her health conditions, including thrombocytosis, post-traumatic stress disorder, and small veins, which they argued made experiencing unnecessary pain and suffering during lethal injection likely. Ihnen indicated that Pike's current condition appeared related to these prior allegations.

This incident follows a pattern of issues with executions in Tennessee. In May, the execution of Tony Carruthers was halted due to difficulties in establishing IV access. Following Pike's botched execution, Governor Bill Lee ordered a temporary halt to all scheduled executions and TDOC Commissioner Frank Strada resigned. Former U.S. Attorney Ed Stanton has been appointed to conduct an independent review of the execution attempt and TDOC's protocol, seeking to ensure its lawfulness and effectiveness. Stanton previously conducted a review in 2022 that led to substantial revisions of the state's lethal injection protocol.

Pike is reportedly the first person to have survived a lethal injection after medication administration, with the Death Penalty Information Center describing the event as the worst botched execution they have witnessed.

Pike's attorneys continue to advocate for her sentence to be commuted to life imprisonment without parole.