Tennessee botched Christa Pike's execution and cannot try again

By Adele Rutherford · Reporting from Atlanta ·

After Tennessee failed to execute Christa Pike with pentobarbital, leaving her burned on the gurney, the state exhausted its constitutional margin and cannot subject her to a second attempt.

Procedure is where power actually lives

When a government puts a human being on a gurney and fails to end her life, the questions that follow are not matters of medical curiosity. They are questions of constitutional architecture. The Tennessee Department of Correction attempted to execute Christa Pike at Riverbend Maximum Security Institution in Nashville using pentobarbital, a barbiturate. According to reporting from the Tennessee Lookout, executioners struggled to establish an intravenous line, using at least seven needles. Witnesses report that Pike stated her arm felt like it was about to burst. The state administered two doses of the solution. Yet the lethal injection failed to cause death. Instead, as NPR and the BBC report, the caustic high alkalinity of the drug caused severe chemical burns, leaving her arms swollen, burned, and blistered. Media witnesses were escorted from the witness room, and Pike was transported to a hospital by ambulance. She remained unconscious and on a ventilator, was briefly considered brain-dead, and then regained consciousness. According to memos cited by NPR and CNN, she was walking with assistance, eating a regular diet, and regaining movement in her arms.

The state cannot cure its own incompetence with another attempt

The strongest opposing case for a second execution comes from the traditional logic of retributive punishment. Defenders argue that a sentence lawfully imposed by a jury for the 1995 death of Colleen Slemmer must be carried out to its conclusion. They maintain that a mechanical or procedural failure on the execution floor does not commute a valid death sentence. This view mistakes an execution protocol for a clerical error. It treats execution as something that can simply be corrected with a fresh set of forms and a sharper needle. As law professor Austin Sarat noted on PBS, what happened to Christa Pike was an unprecedented event in the recent history of American capital punishment. Dr. Joel Zivot, an Emory University anesthesiology professor, explained in the Tennessee Lookout that most of the pentobarbital never reached Pike's brain. Botched IV placements caused the drug to pool in her arms and surrounding tissues, resulting in chemical burns rather than a fatal central nervous system depression. To permit the state to try again after subjecting a prisoner to the terror, pain, and torture of a botched attempt grants the government an indefinite license to practice upon the condemned. A rule that only works when the machinery functions smoothly on the first try is no rule at all; it is an administrative convenience dressed up as law.

The parallel of Willie Francis and the test of the Eighth Amendment

This situation is governed by the exact legal mechanism seen in Willie Francis. Francis was an American teenager who survived a failed execution by electrocution in Louisiana when the chair malfunctioned. When Louisiana sought to strap Francis back into the chair, the case traveled to the United States Supreme Court. It raised the question of whether a second attempt violates the Eighth Amendment's ban on cruel and unusual punishment. The parallel holds not because the physical methods are identical. Electrocution differs from chemical injection. Both cases test whether the state's initial incompetence creates a constitutional barrier to a repeat performance. The Tennessee Department of Correction has already demonstrated its incapacity to execute its own protocols. Frank Strada, the commissioner of the state's prison system, has resigned. Governor Bill Lee has ordered a third-party review while pausing the state's only other scheduled execution for the year. Furthermore, Davidson County Chancellor I'Ashea Myles acted correctly by ordering the state to preserve all evidence related to the failed execution. Her order covers log books, medical waste, and communications. When a state botches an execution so thoroughly that the inmate endures severe chemical burns, unconsciousness, and organ trauma, the Eighth Amendment must step in. The state has exhausted its constitutional margin of error.

A second execution attempt is unconstitutional torture

The state of Tennessee has had its single constitutional opportunity to carry out the sentence against Christa Pike. Its own gross incompetence on the gurney yielded a living survivor who is now recovering with assistance in a hospital room. She has already experienced the terror of the chamber, the agony of caustic chemical burns, and the profound psychological trauma documented by her attorney Luke Ihnen. Strapping her down for a second attempt would transform capital punishment into a lingering process of state-sponsored torture. Governor Bill Lee should heed the demands of her legal team and commute Christa Pike's sentence to life in prison without parole.

Sources

  1. NPR: Christa Pike is walking with help and eating after failed execution attempt
  2. CNN: The lethal injection drug used in Christa Pike’s botched execution was just used in Texas. A look at the two cases
  3. PBS: Botched execution reignites debate surrounding death penalty
  4. Tennessee Lookout: A survived execution in Tennessee exposes the grim science of lethal injection
  5. BBC: Christa Pike has 'profound' health turnaround after botched execution, lawyers say