字号·· | 护眼
NBC新闻

法官裁定,田纳西州必须保留与克里斯塔·派克失败处决相关的证据Tennessee must preserve evidence related to Christa Pike’s failed execution, judge rules

点「原文对照」整页切到原文,或双击某段只看那段的原文。

克里斯塔·派克,2023年。田纳西州惩教署,美联社供图Christa Pike in 2023. Tennessee Dept. of Correction via AP

田纳西州一名法官于周三裁定,该州必须保留与克里斯塔·派克上周未能成功执行死刑相关的所有证据。“今天的听证会只是众多步骤中的第一步,旨在保护并维护克里斯塔在此前这起史无前例的失败执行事件后所享有的宪法权利,”其中一位律师卢克·伊恩在周三庭审后的新闻发布会上表示。“正如我反复强调的,我们目前并未要求州政府移交任何证据,”他继续说道,“我们仅要求他们保留这些证据,以便她的律师、专家以及公众能够了解周三晚上究竟发生了什么。”

A Tennessee judge ruled Wednesday that the state must preserve any relevant evidence in connection with Christa Pike’s failed execution last week. “Today’s hearing was just a first step of many to preserve and enforce Christa’s constitutional rights after this unprecedented botched execution,” one of the attorneys, Luke Ihnen, said during a news conference after court Wednesday. “As I said repeatedly, we have not asked the state to turn over any evidence at this point,” he continued. “Only demanding that they preserve it so that her lawyers, experts, and the public can learn what really happened Wednesday night.”

上周,派克成为首位在两次注射致命药物后幸存的人。此前,田纳西州因她18岁时杀害同学一事未能成功执行死刑。医生向NBC新闻透露,用于致命注射的戊巴比妥大部分似乎进入了她的手臂,而非血液系统,其剂量足以让她入睡,但不足以停止心跳或减缓呼吸。50岁的派克在医院昏迷六天,依靠呼吸机维持生命。周二,她的律师称她已经苏醒并开始说话。

Pike last week became the first person to survive two doses of a lethal drug injection after Tennessee failed to execute her for murdering her classmate three decades ago when she was 18. Doctors have told NBC News that it appeared most of the pentobarbital — the drug used in the lethal injection — entered her arm rather than her bloodstream, having enough power to put her to sleep but not to stop her heart or slow her breathing. Pike, 50, was in the hospital, unconscious and on a ventilator, for six days when her lawyers said Tuesday she had woken up and was speaking.

但他们并未透露她谈论的内容或目前的具体状况。“至少,我们预计她需要长期康复,”律师兰迪·斯皮维和凯莉·格利森周二在一份声明中表示。派克的另一位律师周三称,她目前“只能有限地说话”。周三,派克的律师们出庭参加了一次案情进展会议,期间他们请求首席法官I’Ashea L. Myles保留此次失败执行过程中的所有证据。

They did not disclose what she was talking about or what her current condition was. “At a minimum, we expect a long recovery,” attorneys Randy Spivey and Kelly Gleason said in a statement Tuesday. Another of Pike’s attorneys, said Wednesday that she is “speaking limitedly.”Pike’s lawyers were in court Wednesday for a status conference during which they asked Chancellor I’Ashea L. Myles to preserve all evidence from the failed execution.

“州政府并未承诺派克小姐不会在未来再次面临执行死刑,而我们现在要求保留的证据,对她未来可能提出的任何法律挑战都具有重要意义,”伊恩在法庭上主张道。

“The state has made no promises that Miss Pike will not be subject to our future execution, and the evidence that we are seeking to preserve now is relevant for any future challenge that she makes,” Ihnen argued.

迈尔斯最终裁定支持派克团队,表示田纳西州必须保留所有相关证据,包括但不限于:输液管和针头、医疗用品和记录、任何与制造商产品一同使用的药物、照片、视频录像、手写笔记、检查清单以及任何证人证词。“各州执行这一点不会有任何问题,因为你们本来就在这么做,”迈尔斯说。她还表示,如果任何证据已经被丢弃,田纳西州必须努力“追回这些信息”,并确保今后不再丢弃或销毁任何信息。

Myles ultimately ruled in favor of Pike’s team, stating that Tennessee must preserve any and all relevant evidence, including but not limited to: IV lines and needles, medical supplies and records, any drugs used with anything from the manufacturer, photographs, video recordings, handwritten notes, checklists and any witness accounts. “The state will have no problem doing this because you all are already doing that,” Myles said. She said if anything has already been discarded, the state must work to “claw back that information,” and ensure going forward that no further information is discarded or destroyed.

此外,伊亨还要求迈尔斯下令,田纳西州矫正部门在转移派克之前必须提前48小时通知其团队,允许她在医院病床上解开手铐,并让她使用电话或平板电脑。他还要求法律团队能够定期探视派克,并指出他们在周二试图见她时,不得不在医院大厅等待了两个半小时。派克原定于成为田纳西州200多年来首位被处决的女性。

Additionally, Ihnen asked Myles to order that the Tennessee Department of Corrections give their team 48-hours notice before Pike is moved, to remove her shackles while she is in a hospital bed and to give her access to a phone or a tablet. He also asked that the legal team receive regular visits with Pike, noting they had to wait in the lobby of the hospital for two-and-a-half hours when they tried to see her on Tuesday. Pike was set to be the first woman executed in Tennessee in more than 200 years.

她因1995年谋杀19岁的科琳·斯莱默而被判处死刑,已在死囚牢中服刑超过30年。她的未来将如何发展,以及该州是否会再次尝试处决她,目前仍不清楚。田纳西州州长比尔·李在9月30日处决尝试失败后的数小时内坚称,这个身份保密的团队严格遵守了州内的程序。但几天后,他宣布州监狱系统最高负责人弗兰克·斯特拉达将于本月辞职。

She has been on death row for more than 30 years for the 1995 murder of 19-year-old Colleen Slemmer. It remains unclear what her future could look like and whether the state will attempt to execute her again. Tennessee Gov. Bill Lee insisted in the hours after the Sept. 30 execution attempt that the team — whose members’ identities are shrouded in secrecy — followed the state’s protocol well. But days later, he announced that the state’s top prison official, Frank Strada, would be stepping down this month.

斯特拉达在一份声明中表示,他认为州矫正部门“按照既定程序”履行了其职责。但他补充说,在独立审查推进之际,他主动退下是“为了田纳西州民众的最佳利益”。李还下令对此次失败的处决进行独立审查,并暂停了该州全年余下的所有处决。派克是今年该州第二例失败的致命注射处决。今年5月,托尼·卡鲁瑟斯的处决因州矫正部门难以找到静脉来设置备用注射通道而被中止。

In a statement, Strada said he believed the state Department of Correction had carried out its responsibilities “in accordance with the established protocol.”But stepping aside, he added, was in the “best interest of Tennesseans as the independent review moves forward.”Lee also ordered an independent review of the failed execution and paused all executions in the state for the rest of the year. Pike’s was the second failed lethal injection in the state this year. Tony Carruthers’ execution in May was stopped after the state Department of Corrections struggled to find a vein to set a backup injection line.