Experts indicate that Christa Pike could still face execution despite two unsuccessful attempts, provided she recovers and is capable of comprehending the sentence.
The 50-year-old convicted killer was poised to be the first woman executed in Tennessee in over two centuries on Wednesday. However, she survived the administered lethal injections and is currently receiving lifesaving treatment in a hospital, remaining unconscious and in critical condition.
“She can’t be executed if she is brain injured and doesn’t understand the proceedings,” stated Professor Deborah Denno from Fordham School of Law.
In a 2019 case involving a dementia patient, the U.S. Supreme Court ruled that a person unaware of their punishment cannot be executed, Denno noted.
If Pike survives and is deemed mentally competent, she could argue against a second execution attempt based on double jeopardy—meaning one cannot be punished twice for the same crime.
This could lead to a recommendation that she serve life in prison instead of receiving the death penalty for the brutal murder of her 19-year-old classmate Colleen Slemmer during a jealous outburst in January 1995, Denno explained.
Pike’s attorneys have urged Tennessee Governor Bill Lee, who paused executions and called for an independent review following this week’s mishaps, to commute her sentence.
“I doubt that would happen because of the nature of the crime and because the governor seems very responsive to the victim’s family,” commented Michael Meltsner, Emeritus Professor at Northeastern University School of Law.
“The governor might commute her sentence to 30 years, but it seems unlikely in this case.”
Latest on the botched execution of Christa Pike:
Prior to her failed execution, Pike allegedly stated she had a “history of difficulty with blood draws and needle insertion,” according to a motion filed by her legal team.
She suggested hanging as an alternative execution method due to her concerns with Tennessee’s lethal injection process, but the request was turned down.
Tennessee law mandates lethal injection as the primary form of capital punishment, although inmates whose crimes were committed before January 1, 1999 can opt for the electric chair instead.
However, Pike declined the electric chair option due to her Buddhist beliefs.
Denno pointed out that if Pike faces execution again, her lawyers might advocate for using a different method.
“She could be executed using an alternative method, and she has a solid argument that, given her specific medical circumstances, lethal injection is not effective for her,” Denno said. “However, the state could dismiss all her objections and set another execution date with lethal injection once more.”
