Christa Pike, a 50-year-old convicted murderer, could still face execution after surviving two botched lethal injection attempts. Experts indicate that if she recovers and is deemed mentally competent, she may have a strong argument against execution based on double jeopardy principles. Pike was set to become the first woman executed in Tennessee in over 200 years but is currently in critical condition and receiving lifesaving care in a hospital.
Professor Deborah Denno from Fordham School of Law stated that execution is not permissible if an individual is brain injured and unable to comprehend the punishment. She referenced a 2019 U.S. Supreme Court case involving a dementia patient that established this precedent.
If Pike survives, her legal team could argue for a life sentence instead of the death penalty for the murder of her classmate Colleen Slemmer in January 1995. Michael Meltsner, Emeritus Professor at Northeastern University School of Law, expressed skepticism about the likelihood of commutation by Tennessee Governor Bill Lee, who has paused state executions and ordered a review following the recent incidents.
Pike's attorneys noted her previous difficulties with blood draws and needle insertion, which led her to suggest hanging as an alternative execution method, a request that was denied. Tennessee law mandates lethal injection as the primary method of execution, though inmates whose crimes occurred before January 1, 1999, may choose the electric chair, which Pike declined due to her Buddhist beliefs.
Denno mentioned that if Pike faces execution again, her lawyers could advocate for a different method, arguing that lethal injection may not be effective given her medical circumstances. However, the state could choose to proceed with lethal injection regardless of these arguments. Pike's legal team confirmed she remains hospitalized, critically ill, unconscious, and on a ventilator.