Today in court
• Christa Pike’s attorneys said they believed she was “brain-dead” after her botched execution last week – before she woke up and started talking. She is “angry and confused about everything right now,” but is “very aware that the state tried to execute her,” attorney Randy Spivey told reporters. Pike has a “long road to recovery,” he added.
• The attorneys spoke after they were granted an emergency motion ordering the state to preserve evidence related to the execution. This includes 911 calls and communications between any state officials as well as physical evidence, Judge I’Ashea Myles said.
• Pike, who was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, was to become the first woman executed in Tennessee in 200 years.
Updates
(35)Our live coverage has ended. Scroll down for updates on today’s court hearing and the latest from Christa Pike’s attorneys following her botched execution.
The latest on Pike's condition as state ordered to preserve evidence in failed execution
A judge ruled today the state of Tennessee must preserve all evidence related to Christa Pike’s failed execution.
This includes 911 calls and communications between any state officials as well as physical evidence, Judge I’Ashea Myles said, after hearing arguments.
Pike is conscious and speaking, her attorneys said, despite it appearing the night before that she was brain-dead and would be taken off life support. She was hospitalized after surviving two ostensibly lethal doses of pentobarbital last week.
Here’s what else happened in court:
- Myles did not rule on Pike’s access to a tablet while hospitalized, as her attorneys requested. She asked the state’s attorneys to submit more information on security concerns and how the tablet works.
- The judge also didn’t rule on a request from Pike’s lawyers to unshackle her arm. Myles asked for hospital staff to provide more information about the medical need. After the injections, her attorneys say, her arms were “swollen, burned and blistered.”
- Assistant Attorney General John W. Ayers argued a new court order to preserve evidence would be “premature” because the Tennessee Department of Correction is already making those efforts.
- The state said it collected things like log books, medical waste and electrocardiogram readouts from the execution chamber. But other evidence, such as cut IV lines transported to the hospital with Pike, may not be in TDOC’s custody.
- Pike attorney Luke Ihnen said the evidence the defense wants to preserve will be relevant if the state attempts another execution.
- No execution order is pending for Pike, Ayers said, and he can’t say whether another could be issued because that’s up to the Tennessee Supreme Court.
New details about Pike’s condition:
- Pike attorney Randy Spivey said the first thing she said upon waking up was, “Where am I and who are you?” She’s “angry and confused” and “very aware that the state tried to execute her,” he said.
- Pike has pneumonia and a blood clot in one of her arms, can’t swallow yet and is therefore not eating, said Spivey. Ihnen said they’ve not been able to discuss legal next steps with her because of her condition.
- Her arms and hands are swollen and they don’t know what function she will regain in her arms, Spivey said. “Her hands looked like if you were to blow up a surgical glove,” he said.
Lauren del Valle, Maureen Chowdhury, August Phillips and Rebekah Riess contributed reporting.
Texas man asks court to pause his execution tonight, citing concerns after Pike
Lawyers for a Texas man are asking a judge to pause his execution, citing the failed execution of Christa Pike in Tennessee last week.
Jamaal Howard is set to be executed by lethal injection later today, the first since Pike. Howard, 46, was found guilty of capital murder in the 2000 killing of Vickie Swartout, 42, who was shot once in the chest during a robbery.
In the filing, the attorneys requested more information about the lethal dose of pentobarbital the Texas Department of Criminal Justice planned to use, the AP reported.
Pike’s lawyers allege that issues with IV lines allowed the barbiturate to flow into her body instead of her bloodstream.
There is another execution scheduled in Florida next week, a state that has carried out the most executions so far this year, according to the Death Penalty Information Center. All of them used lethal injection, data shows.
Pike's victim Colleen Slemmer has been forgotten, Tennessee resident says
Michelle Nowell, a Tennessee resident, said the state has “paid enough” for Christa Pike, citing the state’s rising bill from the continuation of her case after her botched execution last week.
“We have paid for Christa Pike, and now we’re paying for attorneys, and now we’re paying for hospital bills, and now they’re talking about lawsuits,” Nowell told CNN. “And the worst part is that Colleen has been forgotten.”
Pike was convicted of first-degree murder and sentenced to death for the brutal 1995 killing of Colleen Slemmer, a fellow student at a job training facility.
Nowell pushed back on Pike’s attorneys statement describing her botched execution as “cruel and unusual” and to those who say Pike has “changed” in her more than 30 years in prison.
“Colleen is the one that knew cruel and unusual punishment,” she said.
Nowell said the state handled Pike’s execution “absolutely terribly.”
“I think it’s shameful,” Nowell said. “I’m a Tennessean, born and raised, a voter, and I know that our governor is going to be leaving soon, in January, and my hope is that Gov. (Bill) Lee will do the right thing and follow through with this execution.”
Democratic candidate for governor promises moratorium on all future executions if elected
Jerri Green, Tennessee’s Democratic candidate for governor, who is running against Republican US Sen. Marsha Blackburn, has vowed to “enact a moratorium on all future executions,” in the state.
“True respect for the victims and their families means a justice system built on honesty, fairness, and safety, not cruelty, endless systemic failure, and secrecy. The facts are clear: the death penalty has proven to be an ineffective deterrent to violent crime, it is vastly more expensive than life imprisonment, and it is riddled with bias,” her statement reads in part.
“While the rest of the world reels from a botched execution that went horribly wrong, Blackburn is doubling down, calling to bring back the electric chair. That is barbaric, and it has no place in our state,” Green said of her opponent.
“As a public defender who has seen the devastating flaws in our justice system firsthand, my stance remains unshakeable: true pro-life values mean rejecting the death penalty entirely, and as Governor, I will enact a moratorium on all future executions,” she added.
Christa Pike’s attorney requests that her hand be unshackled at the hospital
Christa Pike’s attorney requested that her hand be unshackled as she receives medical care at a hospital after her botched execution.
Myles asked Ihnen had an affidavit from the medical personnel stating this request, and the attorney said he didn’t, but could provide it. The judge said she would make a decision after the document is submitted.
The state interjected on the request and pointed to Pike’s “escape history.” The judge said the request only includes unshackling Pike’s hand, not feet, and that she is reserving her judgment on this matter until she hears from the medical personnel.
Swelling of Pike's hands was "extraordinary," attorney says
Christa Pike’s attorney said he noticed “extraordinary” swelling of her hands following her botched execution attempt.
“Her hands looked like if you were to blow up a surgical glove,” he said. “The swelling was extraordinary, and that’s, that’s probably as far as I can go.”
Earlier, in court, her attorneys requested that Pike’s hand be unshackled while she is in the hospital due to the “extensive damage done to her arms and hands.”
Pike's attorneys believed she was brain-dead before she woke up “to the shock of everyone"
Attorneys for Christa Pike thought she was brain-dead Monday and would be taken off life support the following day, but “to the shock of everyone,” on Tuesday, she woke up and began to talk, attorney Randy Spivey with the Tennessee Office of the Post-Conviction Defender said.
“I do not have an explanation for what happened between Monday night and Tuesday morning, but what we do know is that Christa has a long road to recovery,” Spivey said.
Pike has pneumonia and a blood clot in one of her arms, and she is not able to swallow yet and is therefore not eating, according to Spivey.
“She cannot move either of her arms. Both of her arms and hands are tremendously swollen, and we do not know what, if any, function she will regain in her arms. But we do know that there’s a long road ahead,” he added.
Pike's botched execution was "foreseeable," attorney says
The botched execution of Christa Pike was “foreseeable and foreseen,” one of her lawyers, Randy Spivey, reiterated today after a court hearing to preserve evidence after the incident.
“What happened to Christa is exactly what the state was warned would happen, and there are so many questions that need to be answered, not by Christa — but by the state of Tennessee,” he said at a news conference outside the courthouse.
Her lawyer said Pike was “at peace” in the moments before her execution. She was “kind and polite” as officials struggled to set the IV lines for more than an hour, Spivey said.
“And then she woke up in a hospital surrounded by people she didn’t know with a tube down her throat. We don’t know the toll all of this will take, but Christa is a survivor, and we remain hopeful,” Spivey said.
Pike’s attorneys previously said they had warned courts beforehand that Pike’s vein issues would make it difficult to carry out the lethal injection.
Christa Pike's first words after waking up: "Where am I and who are you," attorney says
An attorney for Christa Pike said today he understood that the first thing she said upon waking up yesterday was, “Where am I and who are you?”
The attorney, Randy Spivey from the Tennessee Office of the Post-Conviction Defender, noted at a news conference after today’s hearing that he was not personally in the room when she woke up and did not want to speculate.
Pike woke up and began to talk Tuesday morning, Spivey said, despite it appearing the night before that she was brain-dead and would be taken off life support.
Spivey added there’s “still a lot of cognitive confusion” for Pike but she is “very aware that the state tried to execute her.”
“She has wanted to know what’s happened, and she’s asked about several people,” Spivey said. “I think she is angry and confused about everything right now.”
Judge orders state to preserve all evidence related to Christa Pike’s failed execution
Judge I’Ashea Myles granted Christa Pike’s motion to preserve all state materials relevant to her failed execution.
She noted that this case is unique, and the situation could not have been anticipated.
Myles gave the state an exhaustive list of possible materials that should be preserved, including any 911 calls from the botched execution attempt and communications between any state officials.
Here’s some of what she mentioned as part of relevant evidence:
- Any state actors who may have been called during the time that the decision was made to contact ambulatory services
- All communications related to the decision, if any, to stop the second attempt
- Any communications between TDOC staff, state actors, and any representative from the governor’s office or any other official
- Physical evidence like medical supplies, restraints, gurneys, photos and video or audio recordings from the time around the execution
“I want you all to preserve all of that information,” the judge ruled, adding the state should have no problem doing this because they’re already supposed to be preserving such materials under a federal protective order.
She warned the state administration should “take special care not to lose, misplace or accidentally delete” any information related to the case. The administration should make every effort to set procedures and policies to ensure no information is discarded or destroyed, Myles said.
Court adjourns for the day
Judge I’Ashea Myles just wrapped up today’s hearing after attorneys from the prosecution and defense said they had no further business to attend to.
Judge asks state's attorney for more information before ruling on Pike's access to tablet
Chancellor I’Ashea Myles did not immediately rule on whether Christa Pike could have access to a tablet while she is in the hospital, as her attorneys requested.
The judge asked for the state’s attorneys to submit more information about how the tablet works and whether it would be usable outside of the prison. She noted that it was her understanding the tablet is “proprietary” to the TDOC prison system.
Assistant Attorney General John W. Ayers said he did not have the answers to the judge’s questions right now, but that there are “a number of security considerations that have to be taken into account.”
Pike used the tablet to communicate with her friends and family while she was incarcerated and the messages were monitored by the Tennessee Department of Correction, her attorney said earlier.
Judge outlines rules for Pike's attorney visitation requests
Attorneys for Christa Pike will need to email their requests for visitation at the hospital to the prison wardens at least two hours prior to an anticipated visit, Judge I’Ashea Myles ordered.
Likewise, the wardens must respond to the request within that two-hour period.
Pike’s access to her attorneys, Myles said, “shall be given as it would be if she were incarcerated at the women’s prison.”
“Just because Miss (Pike) is currently in a hospital does not mean that she should have any less access to her attorney than she would when she is in the women’s prison,” the judge emphasized.
Additionally, Pike’s attorneys are expected to follow all visitation policies that are in place at the hospital where Pike is being treated.
State says it will continue to facilitate Pike's access to her attorneys
The state has argued the Tennessee Department of Correction doesn’t intend to obstruct Christa Pike’s access to her attorneys.
“That’s why there’s been a process … to request visitation, to facilitate that,” the attorney for the state said, noting attorneys were able to visit Pike only yesterday and have submitted a visitation request for later today.
The attorney explained that while Pike had access to a tablet with proprietary prison system technology, she never had unfettered access to a phone.
“It is not something that’s designed to be used outside of correctional facilities,” the attorney said.
State argues order to preserve evidence would be "premature"; TDOC already taking steps
The attorney for the state of Tennessee is arguing a court order to preserve evidence is not needed in the case of the botched execution of Christa Pike because officials are already making those efforts.
“The issue before the court here is relatively narrow today. It’s not necessarily what evidence might be discoverable, whether Ms. Pike might be able to obtain that evidence in future litigation, whether that’s in this case or another case,” Assistant Attorney General John W. Ayers said.
“The question is just whether is the evidence being preserved” by the Tennessee Department of Correction (TDOC), Ayers argued, and under an existing order from two other cases in the state, “it must be.”
Because of that, a new court order to preserve evidence would be “premature,” Ayers said. He said it is a “collaborative party” and discussions with involved parties have just started.
“So as we stated in the briefing, it would be premature for the court to enter this order now, when the parties are working together, when evidence is being preserved, when TDOC is subject to an existing federal court order,” he said.
There is no pending execution order for Christa Pike, state attorney says
There’s no execution order pending for Christa Pike, an attorney for the state said in court, but he also noted he can’t say whether there could be another issued at any time.
Here’s how the exchange between the judge and state went:
“So is the state’s position that the state is not going to revive an order,” Judge I’Ashea Myles asked. “I understand that all executions have been suspended for now. Is that going to be permanent or is the state prepared to take the position that Miss Pike will not be rescheduled?”
Ayers said he’s not in a position to answer that question.
“But you’re also not in a position to say that tomorrow a new execution order will not be presented. Is that correct?” the judge pushed.
“Your honor, that is within the purview of the Tennessee Supreme Court,” Ayers said.
IV lines and EKG readouts among the evidence collected from execution chamber, state says
The state listed the evidence collected from the execution chamber on the evening of September 30, and that has been logged into a preservation room.
The items collected include:
- Log books
- Observation logs
- Medical waste and products
- Electrocardiogram readouts
The state noted “there may be some equipment that the plaintiffs are seeking in this motion that may not be in TDOC’s possession.”
He said IV lines “were cut” and “portions of those IV lines that could have been still attached to Miss Pike when she was transported to the hospital.”
The state attorney said he brought this specific detail to the court’s attention because “TDOC can’t be ordered to preserve evidence that’s in the custody of another party, and so there may be items that were originally in TDOC’s custody that got transported to the hospital on the night of September 30.”
The state later added the Tennessee Department of Correction “has taken pictures of the chamber as it was on that night.”
This post has been updated with additional comments from the state.
Pike's attorney argues evidence will be relevant if state attempts another execution
An attorney for Christa Pike argued the evidence the defense would be preserving through their request would be relevant in case Tennessee tries to execute her again.
The attorney, Luke Ihnen, noted the state’s response to the request says there is no allegation of “imminent execution,” but argued there has been no commitment beyond that.
“‘Imminent’ does not preclude future execution,” Ihnen said. “The state has made no promises that Ms. Pike will not be subject to a future execution, and the evidence that we are seeking to preserve now is relevant for any future challenge that she makes.”
Ihnen also responded to what he described as frustration from state prosecutors about “overly broad requests” for evidence preservation, arguing the scope of the preservation order is a result of the secrecy surrounding what information the state has.
“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,” Ihnen said.
Attorneys for Christa Pike ask judge for “continuous liberal access” to her
Attorneys for Christa Pike are asking Judge I’Ashea Myles for “continuous liberal access” to her, noting Pike currently has no way to contact her attorneys.
“TDOC (the Tennessee Department of Correction) continues to put up roadblocks, for not only the providers at the hospital, but for counsel, and so we would ask for an order granting continuous liberal access to Ms. Pike,” attorney Luke Ihnen said.
Before her attempted execution, Ihnen told Judge Myles, Pike had access to a tablet with which she could contact friends, family and attorneys.
Ihnen also requested that TDOC notify them before Pike is transferred from the hospital she is currently at and that she no longer be shackled to her hospital bed.
“Based on our understanding, medical staff have asked that the shackles be removed and have been denied that request by TDOC,” the attorney said.
