Legal Experts Weigh Options as Tennessee Reassesses Execution Protocol

The botched execution of Tennessee death row inmate Christa Pike has thrust the state’s criminal justice system into uncharted territory. After officials administered two lethal doses of pentobarbital on September 30, Pike survived and was transported to a nearby hospital where she was intubated. Six days later, her legal team announced that she was conscious and speaking.

Tennessee Governor Bill Lee has ordered an independent investigation into the incident at Riverbend Maximum Security Institution in Nashville and suspended all executions for the remainder of the year. Pike, who has been on death row for three decades for the 1995 murder of Colleen Slemmer, now faces an uncertain future in a legal gray area.

Doctor Joel Zivot, an anesthesiologist retained by the defense, believes the lethal chemical spread under Pike’s skin rather than entering her bloodstream. He noted that due to the large dosage, it could take days or even weeks before a clear picture of her health emerges. At a recent hearing, a Tennessee attorney stated that scheduling a new execution date falls under the purview of the state’s supreme court. Pike’s lawyers are seeking to have her death sentence commuted to life imprisonment without parole. Governor Lee, who possesses the authority to pardon or commute her sentence, has not yet indicated his decision.

Legal analysts suggest the state faces significant hurdles if it attempts another lethal injection using the same protocol. Stephen Ross Johnson, a Tennessee-based defense attorney, highlighted that Tennessee has failed to execute two inmates in one year, including Tony Carruthers in May. This track record could provide grounds to argue that the state’s lethal injection method is unconstitutional. Additionally, Pike’s specific medical conditions, including small veins and thrombocytosis, could make a second injection attempt cruel and unusual punishment specifically for her.

Alternatively, the state might pursue execution by a different method. This would require additional legal steps, including approval from the governor and potentially the state legislature. In the wake of Pike’s survival, some political leaders have advocated for reviving older execution methods. Senator Marsha Blackburn, a Republican candidate for governor, called for the reinstatement of the electric chair, while Congressman Tim Burchett announced he had filed a bill to bring back hanging. Because Pike committed her crime in 1995, before Tennessee changed its execution laws, the electric chair remains a legal option, provided Pike waives her right to lethal injection in writing.

However, Vanderbilt University law professor Chris Slobogin cautioned that Pike could still be protected from execution regardless of the method. He explained that executing someone who is mentally incapable of understanding their punishment constitutes cruel and unusual punishment. While this precedent typically applies to those with dementia or psychosis, experts warn that Pike may have suffered brain damage during the failed procedure.

Slobogin also suggested that Governor Lee may choose to commute Pike’s sentence, particularly if the ongoing investigation reveals missteps in the execution protocol. He described commutation as the “easy way” out given the complications and negative publicity surrounding the case. Legal precedent exists for such outcomes; for instance, the execution of Alabama inmate Doyle Hamm was called off after prolonged difficulties establishing an IV line, leading to a settlement related to his health. Hamm subsequently died of natural causes.

With only one other execution scheduled this year, now postponed by the governor, experts anticipate a significant delay in Pike’s case. Johnson noted that the state will need time to study both the legal and medical implications of the incident.