A Davidson County chancellor has ordered Tennessee officials to preserve all records and physical materials connected to the failed execution of death row inmate Christa Pike, firmly rejecting the state’s claim that such an emergency order was unnecessary.
Chancellor I’Ashea Myles issued her ruling from the bench after hearing arguments about what evidence must be secured following the September 30 lethal injection attempt that was abruptly halted, after which Pike was transported to an outside hospital. Myles acknowledged the extraordinary nature of the situation, noting that no one could have predicted these circumstances.
“I want you all to preserve all of that information,” Myles ruled, directing the state to “take special care not to lose, misplace or accidentally delete” any materials tied to the incident. She further instructed the state to establish clear procedures to prevent anything from being discarded, pointing out that prison officials should already be maintaining such records under an existing federal protective order.
The order places the Tennessee Department of Correction (TDOC) under a broad obligation to protect a wide range of materials. This includes records of any state actors contacted when officials decided to call emergency medical services, communications surrounding the decision to stop a second execution attempt, and messages exchanged between TDOC staff, state personnel, and representatives from the governor’s office. Myles also directed the state to preserve physical items such as medical supplies, restraints, gurneys, execution chamber photographs, and any related audio or video recordings.
Pike’s defense attorneys filed the emergency motion following the halted execution, arguing that the evidence is critical for challenging any future execution attempts and assessing potential civil rights claims. Pike’s attorney, Luke Ihnen, told the court that even though the state claimed no imminent execution was scheduled, that fact alone did not remove the risk of one happening down the line.
“‘Imminent’ does not preclude future execution,” Ihnen said. “The state has made no promises that Ms. Pike will not be subject to a future execution, and the evidence that we are seeking to preserve now is relevant for any future challenge that she makes.”
Ihnen also informed the court that Pike had only regained consciousness the day before the hearing and remained limited in her ability to speak.
“Part of the issue that we are facing is up until yesterday, our client was unconscious, unable to communicate with counsel, unable to communicate with her medical providers, and without her consent, we are not able to bring a new lawsuit,” Ihnen said.
Assistant Attorney General John W. Ayers pushed back against the order, calling it “premature.” He told the court that TDOC was already preserving evidence under existing federal court orders stemming from two separate cases.
“The issue before the court here is relatively narrow today. It’s not necessarily what evidence might be discoverable, whether Ms. Pike might be able to obtain that evidence in future litigation, whether that’s in this case or another case,” Ayers said. “The question is just whether is the evidence being preserved… and under an existing order from two other cases in the state, it must be.”
Ayers went on to detail items already logged into a state preservation room from the execution chamber, including log books, observation logs, electrocardiogram readouts, medical waste, and photographs taken of the chamber that night.
However, Ayers acknowledged that some materials may fall outside TDOC’s reach. He explained that IV lines “were cut” and that “portions of those IV lines that could have been still attached to Miss Pike when she was transported to the hospital.” Because of that transfer, he told the court, TDOC has no ability to preserve evidence currently held by outside medical facilities.
When Myles questioned him about Pike’s legal status, Ayers confirmed that executions in Tennessee remain suspended and that no active death warrant currently exists.
“There is no pending execution order for Miss Pike. There is no allegation that one is coming,” Ayers said.
When Myles pressed further, asking whether the state was prepared to commit to not rescheduling Pike’s execution, Ayers said he could not take that position. Asked whether a new warrant could be submitted at any time, Ayers replied, “Your honor, that is within the purview of the Tennessee Supreme Court.”
Myles also turned her attention to defense requests concerning Pike’s conditions at the hospital. Pike’s attorneys asked for “continuous liberal access” to their client, requested advance notice before any transfer, and sought the removal of shackles from her hospital bed , noting that medical staff had made the same request, which TDOC denied. Defense counsel also asked for access to a TDOC-issued tablet that Pike had previously used to communicate with family and legal counsel.
Ayers maintained that the state was not attempting to block attorney access, pointing out that counsel had recently visited Pike and had submitted requests for additional visits. He did, however, oppose the tablet request, explaining that the device runs on proprietary prison software not designed for use outside correctional facilities and that it carries real security risks.
Myles held off on issuing an immediate ruling regarding the tablet, instead directing state attorneys to submit additional details about the device’s technical specifications and how it functions outside of a prison setting.
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