Legal experts detail what could happen if Christa Pike wakes up following botched execution
A legal expert has given their take on what could happen next if Christa Pike wakes up after her botched execution, as the killer remains in hospital receiving 'life-saving' treatment.
The 50-year-old was set to become the first woman in 200 years to be put to death in Tennessee, but instead became the first person in modern US history to survive two doses of pentobarbital - AKA the 'lethal' injection.
Witnesses in the execution chamber said they could hear Pike 'snoring loudly' after the deadly drug was administered, despite lethal injection drugs typically causing loss of consciousness within seconds to a few minutes.
Six days on, the convicted killer remains in hospital receiving 'life-saving' treatment, while questions remain over what could happen if she regains consciousness.
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While it can't be said for certain what will happen to Pike should she wake up, two legal experts have explained the grounds on which the state could seek to sentence her to death for a second time.
Speaking with UNILAD, law and criminal justice scholar Nora Demleitner said: "Legally, the state still could proceed to execute in these cases. There'll be a constitutional challenge on Cruel and Unusual Punishments grounds, especially in light of the condition Ms Pike appears to be and also the fact that the state itself put her in that position.
"Also, court rulings have established that she has to be in a position to understand what is happening to her."
The expert further noted: "Based on the lack of clarity around her medical condition, it is unknown what condition she is in, but there is a good chance that she'll have serious brain injuries.
"Of course, the governor could commutate the death sentence to life in prison. That is, however, discretionary and not legally mandated."
'Unprecedented'
Defense attorney Matthew T. Mangino reiterated that Pike's botched execution is an 'unprecedented' case.
He added: "Her status is still condemned death row inmates. She could certainly challenge lethal injection.
"There have been other botched executions where death warrants have been reissued."
Prior to the failed execution, Pike's former attorney, James Crowson, claimed that he had warned officials about potential complications with her veins.
"I can’t say I’m surprised," he said of the scandal.
Pike was sentenced to death in 1996 following the murder of 19-year-old Colleen Slemmer, whom she believed was trying to steal her boyfriend.
After killing her, Pike reportedly bragged about it to other people and proceeded to show them a piece of skull she claimed was Slemmer's.
Mia Williams