Judge I'Ashea Myles approved an emergency motion to preserve evidence from the botched execution of Christa Pike, following her awakening in hospital. Lawyers state that Pike remains tethered to the hospital bed.
Myles reviewed a list of items that Tennessee officials must preserve, including all drugs, IV lines, and tubing in the state's possession. She noted that 'everything in the actual room' must be preserved, including waste, as well as any evidence related to the drug or equipment used.
Photos, video, and audio recordings, as well as surveillance footage and all content in the witness rooms, must also be preserved. M'le requires the preservation of all communications, regardless of whether they are encrypted, and emphasised that this includes 'all matters concerning deviations from protocol, delays, or equipment issues'. She warned: 'Be particularly careful not to lose, misplace, or accidentally delete any information relevant to this investigation.'
M'le stated that lawyers must adhere to all visiting rules in the individual hospital. 'This court will not allow [the institution] to break established rules,' she said. She added that there is a two-hour window for a response regarding whether a visit is permitted. 'If the prisoner is allowed a visit from a lawyer once a day, the court does not expect TDOC to deviate from this just because the petitioner is in hospital rather than in prison,' M'le said.
Assistant Attorney General John W. Ayers opposed the claims by Pike's lawyers that TDOC was restricting access to Pike. 'TDOC does not intend to obstruct access to the lawyer,' Ayers said. 'The process for submitting a visit request has been established to facilitate this.' He added that 'these requests, added ad hoc, exceed the conditions that existed previously'.
Ayers stated that Pike 'has never had unlimited access to the phone', but explained that phone calls were arranged in advance and that Pike had 'unlimited access to the tablet'. 'Access to the lawyer is facilitated. TDOC does not take the position that the lawyer should be excluded,' Ayers said.
Ayers stated that evidence collected on 30 September by prison staff following the botched execution included observation logs, medical waste, and EKG readings. He noted that some evidence may not be in the possession of prison officials. 'I understand that the IV lines were cut, so there are parts of those IV lines that may still have been attached to Mrs Pike when she was transferred to the hospital,' Ayers said. He added that TDOC 'cannot be ordered to preserve evidence that is in the possession of another party'. In his view, it would be premature and prejudicial to issue a preservation order for such evidence before the lawyers have had the opportunity to consult and gain an understanding of where that evidence might be located.
Pike's lawyers stated that they had been able to visit her after the botched execution, but that 'there are still obstacles placed in our way', including waiting in the hospital lobby for more than two hours before their request for a visit was approved. Lawyer Luke Inn said to the court that the state of Tennessee had given no promise that it would not seek a future execution. 'The state has not given a promise that Mrs Pike will not be subject to a future execution,' said Inn. 'The evidence we are now asking to be preserved is relevant to any future challenge she brings, because as we stated in January, the same thing could happen again.'
