NASHVILLE, Tenn. (WTVF) — Tennessee officials are asking a Davidson County judge to change an order requiring the preservation of evidence from Christa Pike's failed execution, arguing that part of the order could expose the state's lethal injection drug supplier.
In a motion filed Nov. 6, attorneys for the state asked the court to remove language allowing the inspection, collection and testing of evidence related to the execution attempt.
Pike survived two rounds of the lethal injection drug pentobarbital on Sept. 30. She has since returned to prison.
In October, a judge ordered the Tennessee Department of Correction to preserve physical evidence from the execution attempt, including drugs, syringes and other medical equipment.
State attorneys argue that allowing the evidence to be inspected or tested could reveal the identity of Tennessee's lethal injection supplier and potentially conflict with a federal court order.
The motion also asks the judge to lift a temporary injunction that gave Pike access to her attorneys and a tablet while she was hospitalized. The state argues those requirements are no longer necessary now that she has returned to prison.
Attorneys are also seeking to remove Tennessee Attorney General Jonathan Skrmetti from the October order, arguing that he is protected by sovereign immunity.
Pike is seeking to have her sentence commuted following the failed execution.
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