Tennessee judge to rule on evidence preservation after Christa Pike's failed execution

A Davidson County judge will hear arguments over whether Tennessee must preserve evidence from Christa Pike's botched lethal injection. Pike survived two full doses of pentobarbital on 30 September.

Davidson County court convenes over Pike execution evidence

A Davidson County judge is set to hear arguments on Wednesday over whether the state of Tennessee must preserve physical and documentary evidence connected to the failed execution of death row inmate Christa Pike, wvlt.tv reports.

Pike's attorneys filed an emergency motion on 2 October — less than two days after the 30 September execution attempt — asking Chancellor I'Ashea Myles to order the Tennessee Department of Correction to retain any physical, written or electronic records tied to that night. The hearing is scheduled for 11 a.m. at Davidson County Chancery Court, in the case filed as Christa Gail Pike v. Jonathan Skrmetti, et al., No. 26-0027-III.

Pike, 50, survived two rounds of the lethal injection drug pentobarbital and is now conscious and speaking.

According to the motion, the execution team used at least seven needles in attempts to gain intravenous access, at one point bending a needle at a 90-degree angle upon removal. The filing states Pike was administered two complete sets of syringes — Set A and Set B — amounting to two full lethal doses of pentobarbital.

A set of pentobarbital syringes had been prepared at 8 a.m. on the morning of the execution, but a stay issued by the Sixth Circuit Court of Appeals delayed the procedure by approximately 12 hours. When the execution resumed that night, the motion states, the IV team was responsible for placing two IV catheters before administering saline and pentobarbital. According to the filing, no member of the execution team recognised that the IV lines were not correctly placed, or that pentobarbital was leaking into surrounding tissue, before a second dose was administered.

Pike's counsel notified the state of its duty to preserve evidence by email at 1:09 a.m. the morning after the attempt, and sent a list of items to preserve the following afternoon. As of the motion's filing, the state had not responded to that correspondence.

Attorney Marcos Garza, owner of the Garza Law Firm and not involved in the case, reviewed the filing and said the preservation request lays the groundwork for potential future litigation.

"I could see this being a civil case where there's what's called a 1983 action or a violation of civil rights," Garza said. "1983 is the federal code under which a citizen can sue a governmental entity for violation of its rights. What they're trying to do is set up the playing field — we want all the material, all the evidence of the state's negligence or the state's recklessness, for future litigation."

Garza said this type of preservation request is standard practice following an incident of this nature, and that failure to preserve the evidence could work against the state in any future proceedings. Items sought include syringes and needles, along with written correspondence and emails about the protocol used during the execution attempt.

The motion also references a complaint Pike had filed nine months earlier, in which she argued her execution would amount to cruel and unusual punishment. Pike cited thrombocytosis, post-traumatic stress disorder and small veins as conditions making it difficult to establish and maintain IV access for delivering pentobarbital. According to the filing, those concerns were dismissed as speculation at the time.

Garza said he expects attorneys for the Tennessee Attorney General's office and attorneys representing Pike to be present at Wednesday's hearing, along with members of the public.

"I think anything regarding this is going to be contentious, because it's gripping for everyone — both from a procedural standpoint and from a moral viewpoint," Garza said. "It's very serious for everybody. Historically, something like this could be very summarily ruled upon and the judge would simply say yes. But given how important this is to so many people, I would suspect the judge is going to let both sides be heard, probably at length."

Garza said he would be surprised if the judge denied the preservation request. He added that if it is granted, he does not anticipate an immediate follow-up court date.

No lawsuit has been filed in the matter as of the time of reporting. Garza said the timing of any future action would depend in part on Pike's medical condition in the coming days and weeks.

"One thing, in order to file a lawsuit, usually part of it is the assessment or the measure of damages caused by the event. We really don't know the extent of Ms Pike's damages at this point," Garza said. He said he would expect a lawsuit to be filed within a year of the execution attempt, based on applicable statutes of limitations.

A press conference with Pike's attorneys is scheduled for Wednesday following the hearing.

Source: The Sun