Tennessee death row inmate Christa Pike survived a lethal injection execution in September and remains hospitalized in unknown condition, leaving her fate in legal limbo as the state weighs whether to attempt execution again, try a differen
Police arrest 64 suspects in Achimota lounge firearms operation
The Office of the Special Operations Assistant to the Inspector-General of Police (SOA), in collaboration with the National SWAT, has arrested 64 suspects for unlawful possession of firearms and ammunition at a lounge near Achimota Mile 7 in the Greater Accra Region.
Fake police officer arrested with loaded pistol during raid
One of the suspects, Theophilus Ashon, presented himself as a police officer attached to CID Operations. Checks, however, established that he was not a police officer. A search of him led to the recovery of a Smith & Wesson pistol loaded with six rounds of 9mm ammunition.
Large cache of weapons recovered from suspect's residence
A search of his residence resulted in the recovery of three pump action guns, four pistols, 62 AA and BB cartridges, 54 rounds of 40 calibre ammunition, and other exhibits.
Operation triggered by community complaints about lounge activities
The operation followed complaints from residents about suspected criminal activities at the lounge and its surroundings, including the open display and possible trade in firearms.
Tennessee death row inmate Christa Pike survived a botched lethal injection on 30 September after state officials administered two lethal doses of pentobarbital. Pike, who has been on death row for 30 years for murdering Colleen Slemmer, was transported to a nearby hospital where she was intubated. Six days later, her lawyers announced she was conscious and speaking. The failed execution has thrust Tennessee's criminal justice system into uncharted territory, with the fate of Pike now lying in a mysterious grey area.
Tennessee Governor Bill Lee has ordered an independent investigation into what went wrong at the Riverbend Maximum Security Institution in Nashville and suspended all executions for the rest of the year. At a hearing on Wednesday, an attorney for Tennessee said the decision on scheduling a new execution date was up to the state's supreme court. Lee, who has the power to pardon Pike or commute her sentence, has not indicated what the state will do in her case.
Pike's lawyers are seeking to have her death sentence commuted to life in prison without parole. Doctor Joel Zivot, an anesthesiologist retained by Pike's defence team, suspects the deadly chemical spread under her skin instead of her bloodstream. Because of the large dose, it could take days or even weeks for a clear picture of her health to emerge.
Potential paths forward
The Tennessee Department of Correction could attempt to execute Pike again by lethal injection, but the state would very likely run into legal challenges based on constitutional protections against cruel and unusual punishment. Tennessee-based defence attorney Stephen Ross Johnson said that for the state to attempt to execute Pike again using the same methodology, they would face severe legal hurdles. Johnson noted that Tennessee had botched two executions in one year—it also failed to kill Tony Carruthers in May—which could give lawyers grounds to argue broadly against the constitutionality of the state's lethal injection protocol.
Pike's lawyers had warned before the execution attempt that she has small veins and thrombocytosis, a blood-clotting condition that would complicate the procedure. Pike's lawyers could argue a lethal injection is what Johnson called unconstitutional as applied, meaning it is cruel and unusual specifically for Pike due to her medical condition. Her medical condition combined with the state's botched execution would make it difficult for Tennessee to present a convincing legal argument for attempting lethal injection again, Johnson said.
Alternative execution methods
Johnson, president-elect of the National Association of Criminal Defense Lawyers, said the state could attempt an execution by a different method. This would require additional legal hoops, including approval from the governor's office and potentially the state legislature. Since Pike's survival, political leaders in Tennessee have called for moving her death sentence forward through other means. Senator Marsha Blackburn, the Republican candidate for governor in next month's election, said: "Bring back the electric chair." Congressman Tim Burchett posted on social media that he had already filed a bill to "bring back hanging."
Tennessee could be allowed to use the electric chair because Pike committed the murder in 1995 before the state changed its execution laws. She would need to waive her right to lethal injection in writing, which means it would have to be her decision, according to Vanderbilt University law professor Chris Slobogin. Given Pike's exact medical state is unknown, Slobogin said there is a scenario where the state could be blocked from attempting to execute her again, regardless of method. It is considered cruel and unusual punishment to execute someone who is mentally incapable of understanding why it is happening, he explained. Experts have said there is a chance that Pike has suffered brain damage.
Commutation as likely outcome
At a minimum there's going to be some significant delay while this issue is studied by the state
Tennessee is taking a long pause on carrying out capital punishment. Only one person was due to be executed this year after Pike, which the governor has now postponed. Earlier, in May, the Carruthers execution was suspended by a year after state officials could not find a vein to administer the lethal injection. That means it will likely take a while for any movement in Pike's case, according to defence attorney Johnson. He added that Pike's health would also need to be studied.
If the investigation, in any way, shape, or form, suggests that the protocol was not followed, or is hard to carry out, that might be the easy way for him to go, given the complications with the execution and all the bad press
Slobogin suspects the governor will commute Pike's sentence, especially if missteps by state officials are uncovered in the investigation Lee has ordered. There is legal precedent for a death sentence to be commuted due to a botched execution combined with an inmate's poor medical state. The execution of Alabama death-row prisoner Doyle Hamm was called off after more than two hours of attempts to establish an IV line failed. The state gave up on executing him following a legal settlement that related, in part, to his health. He later died of natural causes.
Mentioned in this story
Led the operation in collaboration with National SWAT that arrested 64 suspects for unlawful possession of firearms and ammunition at a lounge near Achimota Mile 7.
Collaborated with the SOA in conducting the operation that resulted in the arrest of 64 suspects and recovery of multiple firearms.
Falsely presented himself as a police officer attached to CID Operations; a search of him recovered a loaded Smith & Wesson pistol with six rounds of 9mm ammunition.
Arrested in Atico; a search of his residence recovered three pump action guns, four pistols, and various ammunition including 62 AA and BB cartridges and 54 rounds of 40 calibre ammunition.
Site of the lounge near Mile 7 where the operation took place following complaints from residents about suspected criminal activities and firearms trade.