When the Supreme Court lifted a last-minute stay on Wednesday, the question was whether Tennessee would carry out its first execution of a woman in at least 200 years. By late evening it was a different question: what happens to a condemned prisoner the state tried to kill and couldn't?
What the state says
According to a supplemental court filing from Attorney General Jonathan Skrmetti, reported by CBS News, Pike was transported to a hospital where she was "receiving medical care." The filing gave no details on her condition or which hospital. According to WZTV, the Department of Correction said officials followed every step of the state's established protocol, which was approved by the Attorney General's Office. It confirmed she was taken to an off-site medical facility but did not explain why the execution wasn't completed.
What the witnesses and her lawyers say
According to CNN and the AP, Pike was alive and loudly snoring after the attempted lethal injection and was taken from the prison by ambulance, per her attorneys. According to WZTV's account of the AP report, a second dose of pentobarbital had been administered by 8:26 p.m., and she could be heard snoring behind a closed curtain until the microphone was cut off at about 8:53 p.m. Media witnesses were then escorted out.
According to First Coast News, Pike's attorneys filed an emergency motion asking the Tennessee Supreme Court to order the removal of her IV catheters and "immediate lifesaving measures," and witnesses said her breathing was rhythmic by the time they left. According to WZTV, her lawyers also filed emergency motions with the U.S. Supreme Court, the Sixth Circuit and a federal district court, arguing she was in "unnecessary agony."
In a statement to CBS News, her attorneys said the state had "once again failed to carry out a lawful execution." They added that they hadn't been told her condition.
A pattern, not an anomaly
According to the Nashville Banner, Pike is the state's second death row inmate in a matter of months subjected to an unsuccessful lethal injection attempt. According to WKRN, Tony Carruthers' execution in May was called off after medical personnel couldn't establish a backup IV line.
Robin Maher of the Death Penalty Information Center told the AP, per WZTV, that the incident was "singular and unparalleled."
The warnings that came before
Pike's lawyers had warned about exactly this kind of problem. According to a June court filing from Pike's team, she has small and compromised veins, which they argued made a failed IV placement very likely, and a blood condition that they said could make the drug protocol work unpredictably. According to the Nashville Banner, a special master declined in August to block the execution. We don't yet know whether any of those claims explain what happened Wednesday night. The state hasn't said, and the courts haven't ruled. These were claims made in court, not established findings.
The conviction, and the family
None of this changes what Pike was convicted of. According to CBS News, court records say she and two others killed her classmate Colleen Slemmer, 19, in 1995 when Pike was 18. According to CNN, Slemmer's mother had said she wanted the execution to go forward after waiting decades. A failed attempt prolongs the wait for a family that has already had one.
- Her condition. Nobody outside the state has said how she is.
- Whether Tennessee tries again. According to ABC7, the state's execution order was set to expire at midnight on September 30, so any new attempt would need a new date from the Tennessee Supreme Court.
- A challenge to a second attempt. Her lawyers are almost certain to argue that a second try would be unconstitutional. How courts treat a prisoner who survived one attempt has little modern precedent.
- Scrutiny of the protocol. Two unsuccessful procedures in one year, one of them involving the full two doses, invite questions about the drugs, the training and the transparency. According to WZTV, her attorneys criticized the state's protocol as secretive.
Whatever you think about the death penalty, a state attempted an execution, couldn't finish it, and has said very little. The questions should not stay unanswered for long.
This is a developing story. I'll update this post as the courts and Tennessee respond.