What’s in the court order?

Myles’s request for the state’s preservation of evidence was quite lengthy. She also noted that it should “have no problem doing this because you all are already doing that,” as Ayers earlier stated they were doing.

Myles said the state must preserve all drugs, syringes, IV lines, tubing, needles, catheters, medical supplies, restraints and gurneys that were in the execution room, as well as waste packaging, labels and manufacturer information.

“All photographs, video recordings, audio recordings, any surveillance footage of the execution will need to be maintained,” Myles said. She also ordered the preservation of recordings or other evidence from witness and recording rooms on the night of Sept. 30.

The judge also called for the preservation of handwritten notes and logs, checklists, timelines, incident reports, witness accounts, emails, text messages and Signal communications related to the execution.

Myles said officials must preserve records concerning any “deviation from the protocol,” as well as complications, delays, equipment problems and issues involving access to Pike’s veins.

Pike’s lawyers had warned ahead of the execution, when they attempted to prevent it from happening, that prison medical staff had previously struggled to access her veins, which are small. 

She also ordered the state to preserve medical and monitoring records, time logs, documentation concerning Pike’s psychological condition, and policies, protocols, training manuals and other internal guidance that may have been relevant to the execution.

The order will also cover communications surrounding the decision to call 911 and emergency medical services, the decision to stop the second execution attempt, and communications involving the Tennessee Department of Correction, state officials and the governor’s office.

“I want you all to preserve all of that information,” Myles said. She also instructed the state to take “special care” not to lose, misplace or accidentally delete any relevant evidence.

And if evidence has already been discarded, deleted or destroyed, the judge said she wants the state to take “an affirmative step to try to claw back that information.”