Failed Tennessee execution raises questions about Utah's lethal injection protocol

SALT LAKE CITY — A failed execution in Tennessee is prompting renewed scrutiny of lethal injection procedures nationwide and raising questions about how states, including Utah, would respond if an execution does not go as planned.

Christa Pike, who was sentenced to death for the 1995 killing of 19-year-old Colleen Slemmer, was scheduled to be executed Wednesday night. But after receiving two doses of pentobarbital that were intended to be fatal, Pike remained alive, according to witness accounts from inside the execution chamber.

The rare incident has sparked legal and constitutional questions about what happens when an execution fails and whether a second attempt can be made.

"It's really rare when an execution fails," said Salt Lake City attorney and legal analyst Greg Skordas. "The state really needs to reevaluate what they're doing because what they did didn't work."

Skordas said Tennessee is not legally required to abandon the death sentence because the execution was unsuccessful.

"It doesn't mean that they can't try it again," he said. "The state of Tennessee is under no legal obligation to do that. They can still proceed with this case as a death penalty if they choose to do so."

A review of Utah's execution policy shows that the state has procedures for administering backup lethal injection drugs if an initial dose fails to cause death. However, the policy does not specifically address what would happen if multiple doses proved ineffective.

"A significant portion of that policy is protected and unavailable to the public to maintain the security, efficiency and integrity of our process," said Richard Piatt, the director of public affairs for the Utah Department of Corrections. "It's important to note that each situation is unique. Our policy ensures each execution is handled thoroughly, and with dignity and professionalism."

Skordas said the Tennessee incident is likely to trigger a broader review of execution protocols across the country.

"I think every state that uses death by lethal injection is going to reevaluate their policies," he said. "Every state's got to look at what Tennessee did and say, 'OK, we know that that particular mixture didn't work. Is there something that has worked in other states, or do we need to reevaluate lethal injection as a matter of execution in the first place?'"

The failed execution could also lead to constitutional challenges under the Eighth Amendment's prohibition on cruel and unusual punishment.

"The Constitution provides that you can't impose what we call 'cruel and unusual punishment' on a person," Skordas said. "Having them go through two attempts at execution that failed could very well be cruel and unusual punishment, and it could be a constitutional violation."

He said courts could ultimately determine whether Tennessee is permitted to make another execution attempt.

"The Tennessee Supreme Court, or even the United States Supreme Court, could say, 'You're not doing it again,'" Skordas said. "We don't know what would happen, but certainly what happened to that woman in Tennessee, under my understanding of our Constitution, would constitute cruel and unusual punishment."

The case also highlights a challenge that has confronted states for decades: finding a lethal injection protocol that works consistently.

"Our legal and maybe medical experts are trying to decide: Is there something that's foolproof?" Skordas said. "They're probably never going to get to that because no drug is foolproof in terms of its effects. Different people have different reactions to drugs."

For now, Pike remains on Tennessee's death row while state officials determine how to proceed. Possible outcomes include another execution date, a court-ordered halt on further attempts, or a commutation of her sentence to life in prison without parole.

"The governor might feel like she's undergone enough," Skordas said. "The victim's family may say, 'No, we still want her executed.' Both of those options are on the table for the authorities in Tennessee."

The outcome could have implications far beyond Tennessee, as states that still use lethal injection review their own policies in light of one of the nation's rare failed executions.

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