Failed Execution in Tennessee Reignites Debate Over Lethal Injection

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Her lawyers say the drug may have been degraded, while the state says its lethal injection protocol has worked.

A woman on death row in the US state of Tennessee has survived an attempt to execute her by lethal injection and is now receiving emergency treatment in hospital. Christa Pike, 50, was given two doses of the sedative pentobarbital on Wednesday evening, but according to her lawyers, her heart did not stop.

The case has raised questions about what went wrong, what happens next and, for death penalty opponents, the suffering of inmates when executions fail.

The crime and the legal battle

Pike was sentenced to death in 1996 for the murder of Colleen Slemmer, 19, a killing she carried out together with her then-boyfriend, Tadaryl Shipp.

Her execution had been the subject of a lengthy legal battle and went ahead only after the US Supreme Court gave its approval at the last minute.

Two doses that did not kill

Pike's legal team said the two syringes of pentobarbital failed to stop her heartbeat, and that she could still be heard snoring afterwards.

The Tennessee Department of Correction defended its method, saying the protocol did not allow for any further procedures beyond those carried out that evening. According to the AP news agency, the state protocol does not clearly set out what should happen if an inmate is still alive after a second dose.

The authorities have not yet explained why the dose proved non-fatal. Dr Joel Zivot, a professor at the Emory University School of Medicine who has been retained by Pike's lawyers as a medical expert, said the level of the drug in her blood was probably never high enough to stop her breathing and cause heart failure.

Pike's lawyers have also alleged that the pentobarbital used was "degraded". A drug can lose potency for several reasons, including passing its expiry date. The department has not responded to this claim directly, but said in a general statement that the chemical in its protocol "has consistently been effective".

In hospital, with her condition unclear

The Department of Correction said Pike had been moved to a medical facility outside the prison. One of her lawyers said she was receiving "life-saving measures". Her condition remained unclear on Thursday morning.

Dr Zivot warned that the delay in starting resuscitation could mean she has suffered brain damage.

Tennessee Governor Bill Lee has ordered a third-party review of what happened. He also said the last execution scheduled in the state this year will not go ahead as planned.

The authorities have not said whether they will attempt to execute Pike again. There are past cases in the US of states making a second attempt.

Reactions

May Martinez, the mother of Colleen Slemmer, who had campaigned for the execution to go ahead, described the events to NBC News as "a mess".

Maya Foa, chief executive of the international legal organisation Reprieve, said it is impossible to know exactly what went wrong because lethal injections are carried out in secrecy at every stage.

Shipp, Pike's co-defendant, remains in prison. He was 17 at the time of the murder and was therefore spared the death penalty under state law.

What is pentobarbital?

Pentobarbital is a powerful sedative that slows the body's functions, including the nervous system. It has some medical uses, but in high doses it can cause death, which is why it is used in lethal injections.

Last year, a federal review under President Joe Biden raised concerns that the drug could cause unnecessary pain and suffering. His administration banned its use in federal executions, but the ban did not apply to individual states, which choose their own methods.

States have also found some lethal injection drugs harder to obtain, as pharmaceutical companies have objected to their products being used in executions.

Not the first failure in Tennessee this year

In May, the execution of Tony Carruthers, convicted of kidnapping and murdering three people in 1994, was postponed after staff were unable to find a vein. Governor Lee granted him a one-year reprieve.

Across the US, failed executions remain a source of concern. According to the Death Penalty Information Center, which publishes data on capital punishment without taking a moral position, more than a third of US executions in 2022 were botched or highly problematic. The centre says lethal injection has the highest rate of botched executions of any method.

One of the best-known cases occurred in Oklahoma in 2014, when the execution of Clayton Lockett was halted after 20 minutes because one of his veins ruptured and the three-drug injection did not work as intended.

27 of the 50 US states have the death penalty under state law. At federal level, President Donald Trump, a supporter of capital punishment, lifted a moratorium last year, although no federal executions have been carried out since.

Source: ABC