What could happen next in Christa Pike's case?

The botched execution of Tennessee death row inmate Christa Pike has thrust the state's criminal justice strategy into uncharted territory. After authorities administered two lethal doses of pentobarbital on 30 September, Pike survived and was taken to a nearby hospital where she was intubated. Six days later, her lawyers announced she was "conscious and speaking." Tennessee Governor Bill Lee has ordered an autarkic probe into what went wrong at the Riverbend Maximum Security Institution in Nashville and suspended each execution for the remainder of the year. The fate of Pike, who has been on death row for 30 years for the murder of Colleen Slemmer, now lies in a mysterious grey area. Doctor Joel Zivot, an anesthesiologist retained by Pike’s defense team, says he suspects the deadly chemical dispersed under her skin instead of entering her bloodstream, and, because of the ample dose, it could take days or perhaps weeks for a clear picture of her health to emerge. At a hearing on Wednesday, a lawyer for Tennessee said the decision on scheduling a new execution date rests with the state’s ultimate court. Pike’s lawyers are seeking to have her death sentence commuted to a lesser punishment of life in prison without parole. Governor Lee, who holds the power to pardon Pike or commute her sentence, has not indicated what the state will do in her case. The BBC spoke with multiple experts to explore what could happen next. **Attempt to execute Pike by lethal injection again** The Tennessee Department of Correction could try to execute Pike again by lethal injection, but the state would likely encounter legal challenges rooted in protections against cruel and unusual punishment. “For the authorities to try to execute her again using the same methodology, they would face terrible legal hurdles,” said Tennessee‑based defense lawyer Stephen Ross Johnson. Johnson noted that Tennessee had botched two executions in one year – it also failed to kill Tony Carruthers in May – which could give lawyers grounds to argue broadly against the constitutionality of the state’s lethal injection protocol. Pike’s lawyers could also contend that a lethal injection is what Johnson described as “unconstitutional as applied,” meaning it would be cruel and unusual specifically for Pike given her medical condition. Her lawyers had warned before the execution attempt that Pike has tiny veins and thrombocytosis, a blood‑clotting disorder that would complicate the procedure. Johnson said Pike’s medical condition combined with the state’s botched execution would make it difficult for Tennessee to present a convincing legal justification for another lethal‑injection attempt. **Attempt to execute her with a different method** Johnson, president‑elect of the National Association of Criminal Defense Lawyers, said the authorities might pursue an execution by an alternative method. Such a move would require “additional legal hoops,” including backing from the governor’s office and possibly the state legislature. Since Pike’s survival, Tennessee officials have called for moving her death sentence forward by other means. Senator Marsha Blackburn, the Republican gubernatorial candidate in next month’s election, declared: “Bring back the electric chair.” Congressman Tim Burchett posted on social media that he has already filed a bill to “bring back hanging.” Tennessee could be permitted to use the electric chair because Pike committed the crime in 1995 before the state revised its execution laws. She would need to waive her right to lethal injection in writing, a decision that would have to be hers alone, according to Vanderbilt University law professor Chris Slobogin. Given the uncertainty surrounding Pike’s direct medical status, Slobogin said there is a scenario in which the authorities could be blocked from attempting to execute her again, regardless of method. It is also considered cruel and unusual punishment to execute someone who is mentally incapable of understanding why it is happening, he explained. Historically this has applied to prisoners with dementia or psychosis, but experts say there is a chance Pike has suffered brain damage. **Tennessee’s hiatus on capital punishment** Tennessee is observing a lengthy pause on carrying out executions. Only one person was scheduled to be put to death this year after Pike, a date the governor has now postponed. Earlier, in May, the Carruthers execution was delayed for a year after officials could not locate a vein for the lethal injection. That suggests any resolution in Pike’s case may take considerable time. “At a minimum there's going to be some significant hold portion this content is studied by the state,” Johnson said, adding that Pike’s health will also need to be examined. Slobogin suspects the governor will commute her sentence, particularly if the probe he ordered uncovers missteps by officials. “If the investigation, in any way, shape, or form, suggests that the protocol was not followed, or is hard to carry out, that might be the easy way for him to go, given the complications with the execution and all the bad press,” he said. Legal precedent exists for commuting a death sentence after a botched execution combined with an inmate’s poor medical condition. The execution of Alabama death‑row inmate Doyle Hamm was halted after more than two hours of failed attempts to establish an IV line. The state abandoned the effort following a legal settlement that related, in part, to his health; he later died of natural causes. Read the full story at BBC News →