Krista Pike's lawyers have appeared in court in Nashville, asking authorities in Tennessee to preserve all documents, records and physical evidence from the failed attempt to execute her by lethal injection. The hearing also focuses on the crucial minutes after the drug was administered, when Pike did not die despite two doses.
According to her lawyers, Pike has regained consciousness and can speak. She remains under medical observation after the attempted execution at the maximum security prison “Riverbend“ in Nashville.
The curtain was closed several times
The question of what witnesses could have seen in the execution chamber was raised again during the hearing. After the lethal injection, the curtain was closed more than once. Pike's lawyers and media witnesses have said they were not informed of what was happening behind it.
Last year, a group of news organizations filed a lawsuit against the manager of “Riverbend“ and the commissioner of the state Department of Corrections. The dispute is whether the media has the right to observe the executions from start to finish.
The protocol in effect during the attempted execution allowed journalists to see only about 10-15 minutes of the procedure. The curtains were opened after the prisoner was strapped to the bed and the IV lines were inserted, and closed before death was pronounced.
In January, a judge in Nashville ordered that the curtains remain open until death was pronounced. In April, however, the Tennessee Supreme Court stayed that order while the state appealed. Thus, the more limited old protocol remained in effect for Pike's attempted execution.
Document does not provide for failure of the second dose
The Tennessee Department of Corrections' protocol is outlined in a 44-page document. It only allows for a single-drug method with pentobarbital, and requires testing 100 milliliters of a solution at a concentration of 50 milligrams per milliliter, or 5 grams in total, 30 days before a scheduled execution.
Employees must prepare a primary dose and a backup set of syringes in case the prisoner does not die. However, the document does not include a procedure for when the second set fails. “There is no protocol for what happens if the second dose does not work,“ CNN reported.
Amherst College professor Austin Sarad, an author of books on capital punishment and lethal injection, describes a complete botched execution as extremely rare, although deviations from official protocol are not uncommon.
Pike's lawyers want all physical, written and electronic materials related to the procedure, including documentation of the preparations and the actions of the officers, to be preserved. They argue that the materials are necessary to clarify what happened in the chamber and how decisions were made after the two doses were administered.
Sources: bbc.com, edition.cnn.com, apnews.com