By JoAnne Young
It’s been a spine-chilling two weeks for those of us who oppose the death penalty ... maybe even for those who support or have mixed feelings about state-sponsored killing.
A lot of people are talking about the Christa Pike failed execution attempt and the announcement about a plan to live stream a federal execution in December. People I have talked to say they are stunned, horrified, disturbed, and in disbelief.
Martha Elliott, a journalist and author who lives in Maine, witnessed an execution 21 years ago and said she still has flashbacks of what she saw. It was unconscionable and barbaric, the worst thing she has ever seen, she said in an interview on WBAL-TV.
We are a divided country on our feelings about the death penalty. A slight majority (52%) of respondents to Gallup’s annual Values and Beliefs poll said that they still consider the death penalty morally acceptable, down from a previous 54% record low in 2020. In 2016, 60% of Nebraska voters said they wanted to keep the death penalty in state law.
While the death penalty isn’t high on the list of things most people think about on any given day, right now it can’t be avoided.
On September 30, Tennessee botched the killing of Pike, and she survived two rounds of lethal doses of pentobarbital, meant to stop her breathing. Then on Thursday, Defense Secretary Pete Hegseth confirmed the Pentagon’s announcement that the firing squad execution of a man who killed 13 people in 2009 at Fort Hood in Texas would be live-streamed. People need to see the consequences of murder, he said.
In the days leading up to Pike’s Tennessee execution, she said she feared complications from the lethal injection method Tennessee planned to use to kill her for a murder she committed 32 years ago when she was 18. She was aware she didn’t have good veins, and that could be a problem.
“I run through this execution every day in my mind, especially with the day coming closer,” Pike said in an interview with the New York Times.
Her concerns were justified. The people who administered the drug didn’t get it right in two attempts. They stopped the procedure and Pike ended up in a hospital for ten days in critical condition and this weekend was back in prison, walking with assistance and struggling with memory and concentration and recovering.
This is the worst example of something that has been building and building, and finally broke through to people who don’t spend their time wondering why states use the death penalty and why they do it with such a problematic way, said New York Times reporter Pam Colloff on The Daily podcast.
Pike has spent three decades in prison, mostly in isolation, according to the Times. A written background of Pike’s case by Cornell Law School said that at trial, the “jury never heard about her mental illness, brain damage, and history of rape and abuse, even though all the evidence was available at the time of her trial. The jury likewise never learned about her bipolar disorder or Post-Traumatic Stress Disorder and how it affected her behavior at the time of the crime. Her attorneys never even argued that she should be spared due to her youth.”
The two other people involved in the death of 19-year-old Colleen Slemmer, Pike's victim, did not get the death penalty. One was 17 at the time of the crime, slightly younger than Pike, and the other turned state’s evidence.
The now former corrections commissioner in Tennessee Frank Strata has overseen two botched executions. When he served as deputy director in Arizona there were three, caused by the inability of those administrating injections to find a viable vein, the reliance on unqualified volunteers to administer the drugs, and reliance on compounders or unverified suppliers of pentobarbital.
States are having to purchase execution drugs from some pretty sketchy sources, as political commentator John Oliver has said, and when drugs are tainted, or not formulated at the proper dosages, executions become a protracted nightmare of suffering that is unconstitutional.
The Constitution doesn’t say, no cruel and unusual punishment ... unless they really deserve it, Oliver said.
But let’s talk about Nebraska, which last executed an inmate, Carey Dean Moore, in 2018. The earth shifted a bit on that day in August as the state resumed executions after a 21-year de facto moratorium. Moore had been scheduled for execution eight times, and for at least the last 10 years of his life, he had decided not to fight it, tired of sitting on Death Row for 38 years after killing two Omaha cab drivers in 1979.
I was covering the state’s prisons for the Journal Star that year, and had offered myself up to be a witness in the press pool for Moore’s execution. The state chose, instead, three white men. I appealed the decision, saying that a female reporter should be included to see things, maybe, from a different perspective. I lost the appeal, but was still at the prison that day and wrote multiple stories on what happened. I don’t know if I dodged a psychological bullet, but I still feel it’s important for prisons to have people with diverse backgrounds reporting on such important issues.
Lisa Knopp, a death penalty opponent, had corresponded with Moore for 23 years, and after his death wrote a book about their friendship through 320 letters from him she had saved. “From Your Friend, Carey Dean Letters from Nebraska’s Death Row,” was published in 2022.
His execution used a first-time cocktail of drugs that included a high dose of fentanyl. One of the drugs, potassium chloride, had been challenged as having the potential to cause serious pain for an inmate. Two drug companies had objected in federal court to any use of their drugs in Nebraska as part of the lethal injection protocol, but they lost those challenges.
The state’s handling of Moore’s death on the day was also not without controversy, with the curtains closing to witnesses for 14 unaccounted-for minutes.
Nebraska’s Legislature had abandoned the death penalty in 2015, first passing the bill and then overriding Gov. Pete Ricketts veto. The next year Ricketts supported a ballot referendum to negate the Legislature’s decision. A lawsuit filed by the Nebraska ACLU said Ricketts "proposed, initiated, funded, organized, operated, and controlled" the petition drive for the referendum, lent government staff to the campaign, and, along with his parents Joe and Marlene Ricketts, provided 29 percent of the campaign's funds. The lawsuit was unsuccessful.
I talked to Lisa this week. She told me she wasn’t surprised about what happened to Christa Pike. There are more botched executions than people know.
How do death penalty opponents reconcile their feelings about families of murder victims, like the mother of Pike’s victim? Many have said they would want to personally kill anyone who killed one of their loved ones. “But that should not be public policy,” Lisa said. “The government should not be in the business of revenge for people who have been hurt.”
Also, it’s expensive, she said. How much money and grief would Tennessee have saved if they had put Pike in the general prison population with no possibility of parole and just left her there?
This year is an important anniversary in Nebraska because it is the tenth year since Nebraskans voted to keep the death penalty, she noted. Twelve men are on Nebraska’s Death Row. As of June of this year, the state reported 677 inmates were serving time for homicide, all but those 12 with life sentences or less. Most prosecutors opt against seeking the death penalty, even for those crimes that qualify.
I saw an interesting discussion responding to community comments of people who wanted to see Pike mutilated and tortured as her victim was, a sort of blood lust. But opposing the torture of a prisoner isn’t about protecting a murderer, it’s about protecting us, said Vinnie Politan, a legal journalist and former prosecutor. Our laws exist so that the state does not mirror the actions of the criminals it seeks to punish. Doing so would turn our justice system into a criminal enterprise.
“We have to be better than the crimes we condemn,” he said.











