Christa Pike Could Face Execution Again if She Recovers, Legal Experts Say

Christa Pike could still face another execution attempt if she survives Tennessee’s failed lethal injection and recovers enough to understand the punishment, legal experts say.

Pike, 50, remains hospitalized in critical condition after Tennessee administered two doses of pentobarbital on September 30 but failed to cause her death. Her attorneys say she remains unconscious and on a ventilator.

Mental Competency Would Come First

Before Tennessee could attempt another execution, Pike would have to be mentally competent enough to understand what is happening and why she is being punished.

Fordham University law professor Deborah Denno told the New York Post that if Pike suffered significant brain injury and could no longer understand the proceedings, she could not legally be executed.

The U.S. Supreme Court has previously held that a prisoner must have a rational understanding of the reason for an execution.

Her Lawyers Could Challenge a Second Attempt

If Pike recovers, her attorneys are expected to mount major constitutional challenges to any effort to execute her again.

One possible argument would be that forcing her through another execution after what she has already endured violates the Eighth Amendment prohibition on cruel and unusual punishment.

Legal experts have also discussed whether her attorneys could raise a double-jeopardy-type argument, although that issue is far from settled and would likely lead to extensive litigation.

The fact that Pike survived two doses of the state’s execution drug makes the case highly unusual. The Death Penalty Information Center has described her survival after administration of the lethal drugs as unprecedented in the modern era.

Tennessee Has Not Abandoned the Death Sentence

Gov. Bill Lee has halted executions in Tennessee and ordered an independent review of Pike’s failed execution, but her death sentence has not been vacated.

The state has not announced whether it would seek a new execution date if she recovers.

Pike’s attorneys have asked Lee to commute her sentence to life imprisonment, arguing that she has already endured what they describe as a prolonged and torturous execution attempt.

Another Method Could Become Part of the Debate

Pike had previously argued that lethal injection posed unusual risks for her because of difficulties establishing IV access.

Before the execution attempt, she had unsuccessfully sought a different execution method. Legal experts say that if Tennessee ever tries again, the method itself could become another major issue in court.

Tennessee’s current protocol uses pentobarbital, with a backup IV line and a second dose available if the first dose does not result in death. Both doses were used during Pike’s attempted execution.

Pike Remains Critically Ill

For now, the legal questions remain hypothetical because Pike’s medical condition is still severe.

Her attorneys say she is unconscious, intubated and on a ventilator, and they have raised concerns about possible neurological injury and severe damage to her arms after the execution drugs were allegedly delivered improperly.

They have also asked a court to preserve all evidence from the execution chamber as they prepare for possible future litigation.

Whether Tennessee can — or will — try to execute Pike again may ultimately depend first on whether she survives, how fully she recovers and what courts decide about the constitutional consequences of the failed execution.

Sources: Associated Press; Reuters; New York Post

By NJ RADAR Team