Christa Pike’s attorney has asked a Tennessee judge to remove the restraints placed on her while she remains in hospital and allow her access to a telephone, days after a failed execution attempt left her unconscious.
Pike, 50, was awake and speaking only to a limited extent by Tuesday, according to her lawyer Luke Ihnen.
She was taken to hospital after execution officials attempted twice to administer lethal injections on September 30.
Ihnen made the requests during an emergency court hearing concerning the preservation of evidence from the failed execution.
Pike Was Unable to Communicate With Lawyers
Addressing the court, Ihnen said Pike had been unable to communicate with either her legal team or medical providers until shortly before the hearing.
“Up until yesterday, our client was unconscious, unable to communicate with counsel, unable to communicate with medical providers,” he said.
He argued that the Tennessee Department of Correction, known as TDOC, had continued to restrict access to Pike, including for those treating her in hospital and her lawyers.
“TDOC continues to put up roadblocks, not only for the providers at the hospital, but for counsel, and so we would ask for an order granting continuous, liberal access to Ms Pike,” Ihnen said.
Medical Staff Reportedly Asked for Shackles to Be Removed
Ihnen also told the judge that hospital staff had requested that Pike’s shackles be taken off, but that the request had been rejected by TDOC.
“Based on our understanding, medical staff have asked that the shackles be removed and have been denied that request by TDOC,” he said.
“We would also amend our request and ask for that relief.”
The lawyer additionally sought access to a phone for Pike while she remains in hospital.
Lawyer Raises Concerns Over Future Execution
Ihnen told the court that the state had not given assurances that Pike would not face another execution attempt.
“The state has made no promises that Ms Pike will not be subject to future execution,” he said.
He argued that evidence connected to the September 30 procedure could be important to any future legal challenge by Pike.
“The evidence that we are seeking to preserve now is relevant to any future challenge that she makes. We don’t know what they have, because they won’t tell us,” Ihnen said.
He also accused state authorities of withholding information from Pike’s legal team.
“We are frustrated that the information that the state has is repeatedly and deliberately secreted away,” he said.
State Disputes Claims of Restricted Legal Access
Assistant Attorney General John Ayers rejected the suggestion that TDOC was deliberately preventing Pike from meeting with her lawyers.
Ayers told the court there was no pending execution order for Pike and said the department had established a process through which her attorneys could request visits.
“TDOC does not intend to obstruct access to counsel. That’s why there’s been a process set up to request visitation to facilitate that,” he said.
He acknowledged that the additional requests made during Tuesday’s hearing went beyond the arrangements that had previously been in place.
“Now, these requests that were just layered on today go above and beyond what the conditions were before,” Ayers said.
He also disputed the suggestion that Pike had previously been entitled to unrestricted telephone access.
“She never had unfettered access to a phone,” he said.
Ayers maintained that TDOC was facilitating contact between Pike and her lawyers.
“Again, access to counsel is being facilitated. TDOC is not taking the position that counsel should be excluded,” he said.
Judge Grants Evidence Preservation Request
The hearing focused on Pike’s request for an order requiring evidence connected to the failed execution to be preserved.
Judge I’Ashea Myles granted Pike’s request for the preservation order.
Pike was sentenced to death for the 1995 killing of her classmate, Colleen Slemmer.
She was 18 when Slemmer was beaten and stabbed to death.
