Christa Pike is conscious and speaking after Tennessee failed execution, her attorneys say

Her attorneys said they are grateful for the first responders and the medical team at the hospital “who treated Christa like a human and have provided exceptional care to her.”

It’s the first indication Pike’s health has improved

As recently as Sunday, Pike’s attorneys said she had remained unconscious and on a ventilator.

Dr. Joel Zivot, a professor of anesthesiology and surgery in Atlanta who consulted as an expert for Pike’s legal team, said the development “bodes well for a good recovery.” But, he added, it could be weeks or months before anyone knows exactly what her recovery might look like, and whether her competency could be restored to a level that might enable the state to try again to execute her.

“She’s still in the ICU,” he said. “She has recovered to a certain degree that she’s able to be off a ventilator and able to speak, but in no way would I announce her free of further serious risk. There’s still a lot of bad things that can happen here, even when everyone is doing their job well.”

A spokesperson for the Tennessee Department of Correction said she could provide no information other than that Pike remained hospitalized Tuesday.

A court hearing is set for Wednesday

Pike’s attorneys are set to go to court Wednesday as they seek to learn more about what happened in the failed lethal injection.

The attorneys are seeking a court order requiring the Tennessee Department of Correction to preserve evidence, including drug lot numbers, records and other information from the Sept. 30 attempted execution. Chancery Court Judge I’Ashea Myles scheduled a Wednesday morning status conference in the case.

Pike’s attorneys said in their Tuesday statement that they continue to ask outgoing Tennessee Gov. Bill Lee to commute Pike’s sentence to life in prison without the possibility of parole.

“Christa is a survivor and will take recovery one day at a time,” her attorneys said.

Lee halted further executions following Pike’s hospitalization and ordered a “comprehensive, third-party review to determine exactly what occurred.” U.S. Sen. Marsha Blackburn, the state’s Republican candidate to replace him, called on the state to explore other methods of execution to ensure it can continue carrying out capital punishment.

Could the state try again?

In addition to questions about competency — whether Pike can understand why she would be put to death — Pike has strong arguments that it would be cruel and unusual for the state to try again to execute her, said Deborah Denno, a Fordham Law professor who has studied execution methods for 36 years. It could also violate the prohibition on double jeopardy, trying or punishing someone twice for the same offense, Denno said.

In other recent cases, states have been allowed to try again after failing to establish a suitable intravenous line, she said, but Pike is the first person to survive after the lethal drug was actually administered.

“They carried out every aspect of the execution,” Denno said. “She didn’t die, but every process they intended, they did it.”

Seattle University Law Professor Michael Russo, who handled capital cases as a public defender in Los Angeles, called the failed execution horrible but said he doubted whether the Supreme Court would stop the state from trying again on double-jeopardy grounds, should it decide to do so.

“There’s nobody else in the history of the death penalty in this country who has gone through what she’s been through,” Russo said. But, he added, “I think what this Supreme Court would say is, her sentence was to die — to be executed — not to suffer an attempt at execution.”

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Associated Press reporter Gene Johnson contributed from Seattle.

Kim Chandler, The Associated Press

by The Canadian Press

Christa Pike is conscious and speaking after Tennessee failed execution, her attorneys say

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