Tennessee Court Orders Preservation of Evidence Following Failed Execution

Clear Facts

• A Tennessee judge ordered the state to preserve all evidence from the September 30 failed execution of Christa Pike.
• Chancellor I’Ashea L. Myles granted the order after attorneys argued the materials could be needed for future legal challenges.
• Pike received two doses of pentobarbital before the attempt was halted and she regained consciousness six days later.

The court ruling comes after Pike’s legal team filed a request to maintain physical evidence from the unsuccessful lethal injection procedure. Chancellor I’Ashea L. Myles issued the order during a status hearing in Nashville. The decision requires state officials to keep all medical supplies and related materials intact for potential future court proceedings.

“The state has made no promises that Miss Pike will not be subject to our future execution, and the evidence that we are seeking to preserve now is relevant for any future challenge that she makes,” attorney Luke Ihnen told the court.

“The state will have no problem doing this because you all are already doing that,” Myles stated during the hearing.

The order covers syringes, needles, tubing, pentobarbital, packaging labels, manufacturer documentation, photographs, videos, and any notes taken by medical staff. The chancellor also directed the state to recover any materials that may have already been discarded.

Ihnen further requested that Pike’s shackles be removed and that she receive access to a phone and tablet for communication with her legal team. Chancellor Myles took the shackles request under advisement but granted Pike permission to use a phone, her jail tablet, and to meet with attorneys.

Pike was administered two doses of pentobarbital during the September 30 procedure. She was transported to a hospital when the second dose failed to produce the intended result and regained consciousness six days later.

“I was not in the room when she woke up, so I don’t want to speculate too much, but from our understanding the first thing she said when she woke up was, ‘Where am I, and who are you?’ … She has wanted to know what happened. She’s asked about her team, the victim’s family,” attorney Luke Ihnen reported.

“There is no pending execution order for Ms. Pike and there is no allegation that one is coming,” Tennessee Assistant Attorney General John W. Ayers told the court.

When asked if the state would rule out any future execution order, Ayers responded, “I can’t answer that question.”

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