Christa Pike has survived Tennessee's attempt to execute her by lethal injection, receiving two doses of the drug—the maximum allowed under the state's protocol. She is now conscious, speaking and continuing to receive critical medical care, her lawyers confirmed.
Questions are now circulating over whether she could face another execution attempt. US constitutional law prohibits the execution of a prisoner who is legally incompetent, a protection established through cases including Ford v Wainwright, Panetti v Quarterman and Madison v Alabama.
Legal competence and the Willie Francis precedent
Tennessee courts have also recognised that a person cannot be executed if they lack the mental capacity required to understand the punishment they are about to face. If Pike survives but is left with profound cognitive impairment, doctors and courts would have to assess whether she is capable of understanding that she has been sentenced to death and why the state intends to execute her.
At present, experts have described her recovery as unprecedented. Authorities are yet to say whether they will try to execute Pike again, while executions in the state have been paused for the rest of the year. If she is ultimately deemed legally competent, an almost 80-year-old ruling involving death row inmate Willie Francis could become significant.
The 1946 ruling and its implications
Francis, 17, survived a botched execution in the electric chair on May 3, 1946. The execution failed after the portable electric chair was improperly set up. When the switch was flipped, electricity surged through him, causing him to scream, but the current was not enough to kill him. The execution was halted and he was returned to his cell.
His lawyer, Bertrand DeBlanc, fought the case all the way to the US Supreme Court, arguing that a second attempt to execute Francis would violate the Constitution's Fifth Amendment protection against double jeopardy and Eighth Amendment protection against cruel and unusual punishment. The Supreme Court ruled against Francis, concluding that the Constitution protects against intentional cruelty, but because the first failure was considered an “unforeseeable accident” caused by a mechanical malfunction, the state was legally allowed to try again.
He returned to the electric chair just over a year later, on May 9, 1947, when his execution was successfully carried out. But whether the ruling could clear the way for Tennessee to try to execute Pike again may depend on the circumstances surrounding her failed execution. The Supreme Court's decision rested in part on Francis's failed execution being considered an unforeseeable accident, rather than the intentional infliction of unnecessary pain. Pike's lawyers could argue her case is different, as they had raised concerns before her execution, including difficulties accessing her veins.
Governor's review and plea for commutation
Governor Bill Lee said he had ordered a “comprehensive, third-party review to determine exactly what occurred”. He added: “A lawfully imposed sentence is among the State’s most serious responsibilities, and the people of Tennessee expect it to be done in a manner that is not only legal and constitutional, but is effective.”
Pike's lawyers are now pushing for the death penalty to be taken off the table altogether by asking Governor Lee to commute her sentence to life in prison without the possibility of parole. Attorney Stephen Ferrell said: “The least that could happen now is that we at least take death of the table and start looking for what the future could be for her.” Ferrell added that he and the rest of Pike's legal team were “certainly willing to discuss that with the governor, with whoever could make that decision.”
Governor Lee has yet to publicly grant their renewed request. He previously rejected Pike's bid before the failed execution, saying: “My responsibility is to uphold the sentences that Tennessee juries have handed down, even when it’s difficult, and that is exactly what we intend to do in the days ahead.”
