Lawyers for Christa Pike, the convicted killer who survived a botched lethal injection, have argued that she would likely survive again if a second execution attempt is approved. The comments come amid uncertainty over whether Tennessee will schedule another execution for Pike, who reportedly requested to be hanged because of her "small veins."
Hearing in Tennessee
At a hearing in Tennessee, the judge noted that "all executions have been suspended for now" and asked assistant attorney general John W Ayers whether this suspension would be made permanent or if the state was prepared not to reschedule the execution. Ayers replied that he "can't answer that question" as he is "not in a position to."
In a health update following news that Pike was conscious and talking, her lawyer Luke Ihnen said she would have felt a vivid sensation of drowning despite appearing drowsy during the execution attempt. The court heard that Pike has narrow veins and has struggled with blood draws before, with staff often using a butterfly needle. Reports suggest she had opted to be hanged instead.
Medical concerns
Ihnen read out that Pike had a "history of difficulty with blood draws and needle insertion." He added: "Prison medical staff often use a butterfly needle on her arm to draw blood, because her veins are so difficult to access." It was likely that those "physical characteristics would interfere with the proper delivery of the poison," Ihnen said, describing her as "sharply awakened with the sensation of drowning... being tortured as they are executed."
He concluded that she was likely to survive again if another execution is scheduled: "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. Because, as we pled in January, the same thing is likely to happen."
Evidence preservation request
During the hearing, lawyers requested that all evidence from the botched execution be preserved, including needles, residue, waste, packing, labels, CCTV, and photos. Pike's lawyers said the state had been withholding some evidence, but the judge granted the request. He also asked that she be provided with a mobile phone to contact counsel and that her shackles be removed.
Pike's attorneys said Tuesday that she was awake and speaking as she received treatment at a hospital. It is currently unknown if Pike will face a second execution, as Tennessee halted its schedule after the failed attempt.
Background and impact
Pike, 50, survived two doses of pentobarbital as executioners attempted to put her to death on September 30 for the 1995 beating and stabbing death of classmate Colleen Slemmer. She is believed to be the only person to survive after lethal injection drugs were administered.
Her attorneys said her arms were burned and blistered after the attempted lethal injection and that she is handcuffed to the hospital bed. "Against all odds, Christa Pike is conscious, speaking, and continues to receive critical medical care," they said in a statement.
Tonight at midnight, another man is set to be put to death in Texas. If it goes ahead, it will be the 30th execution in the United States this year. Jamaal Howard, 46, is set to be the first Death Row inmate executed by lethal injection using pentobarbital since the failed attempt on Pike last week. Texas has executed six people so far this year and has two more scheduled after Howard. Despite Pike's case raising concerns over pentobarbital, Texas has not changed its plans to use the drug.
