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Calaroga Shark Media. Good morning.
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This is Daily Crime and Justice from Calaroga Media, powered
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by AI. I'm Garrett Fisher. It's Friday, October 2nd, 2026.
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Krista Pike is still alive. She is still in a hospital.
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And as of the last word from her attorneys, nobody
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has told them how she is. Since we talked about
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this yesterday, a great deal more has come out, and
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almost all of it makes the picture worse. The physician
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who oversaw Wednesday night also oversaw Tennessee's other failed execution
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this year. The state's own written protocol, it turns out,
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has no instruction for what to do in the situation
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that occurred. And the director of the Death Penalty Information
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Center says there is simply no precedent for it. In
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Polk County, Florida, a jury convicted Tony Wiggins of murdering
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three friends who had gone fishing. It took them under
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four hours. Now the same 12 people are deciding whether
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he should be executed. And Alex Murdaugh's attorneys have filed
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a motion saying the state has been sitting since 2023
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on a witness statement that a police chief handled the
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murder weapons.
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Let's get into it.
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Colleen Slemmer was 19 years old when she was killed
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in Knoxville in January of 1995. Krista Pike was convicted
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of her murder and sentenced to death in 1996. On
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Wednesday night, Tennessee tried to execute her and could not.
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If you missed yesterday's show, the short version is this.
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Two doses of pentobarbital, which is the maximum the protocol allows.
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A procedure that ran more than two hours. Media witnesses
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who said she was very clearly alive when they were
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escorted out. An ambulance, a hospital, and a legal team
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that still has not been told her condition. Here is
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what has come out since. The first thing is the doctor.
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According to WSMV, the physician who oversaw Pike's execution is Dr.
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Mark Fowler, and he also oversaw Tennessee's other failed execution
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this year. In May, the state attempted to execute Tony Carruthers,
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who was convicted of kidnapping and killing three people in 1994.
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Personnel spent more than an hour trying to establish IV
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access and could not. An ACLU attorney who witnessed it
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described the team trying his arm, his hand, and his
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foot before Fowler attempted to place a central line. The
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governor called it off and granted a one-year reprieve. Carruthers'
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sister has since filed a complaint against Fowler with the
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Tennessee Department of Health. It alleges he suffered a stroke,
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partial paralysis, and excruciating pain. It accuses Fowler of violating
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medical ethics by participating in an execution at all, of
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injecting lidocaine without first establishing Carruthers was not allergic to it,
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of continuing to search for a vein through visible agony
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and distress, and of being unqualified to place a central
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line because he had not done one in more than
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a decade. Fowler told NPR that he does not participate
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in executions except to declare the time of death, and
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had no further comment. I want to flag that carefully.
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That complaint contains allegations. No finding has been made, and
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the state does not normally identify execution personnel So this
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reporting is coming from journalists and lawyers rather than from Tennessee.
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The second thing is the protocol. And this is the
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part that explains everything. Tennessee's written execution protocol says that
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if the inmate is not deceased after the first set
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of syringes, a second set is administered. It does not
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say what happens if the inmate is still alive after
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the second set. There is no third dose. There is
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no stated procedure. There is no contingency. The document simply stops.
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So when two doses failed on Wednesday night, the people
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in that chamber were operating without instructions. And the only
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thing left to do was what they did.
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Which was call an ambulance.
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Robin Marr, who runs the Death Penalty Information Center, told
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the New York Times, this is the worst botched execution
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we have seen, unlike any other in the modern era,
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and that there is no precedent. Now, the politics, because
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they arrived immediately. Governor Bill Lee has ordered a comprehensive
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third-party review to determine exactly what occurred and has said
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the remaining execution scheduled this year will not take place.
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He told reporters Thursday morning that he did not know
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Pike's condition and that he was disappointed. And Senator Marsha Blackburn,
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who is running to replace him, has called for Tennessee
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to bring back the electric chair. She said the situation
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is tragic. that Pike should have been executed long ago,
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and that the botched process is extending the pain for
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Colleen Slemmer's family. She said there should be a review,
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but that the answer is simple. I want to be
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fair to the first half of that. She is right
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that this is extending the pain for that family. May
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Martinez waited 30 years, traveled to that prison, and went
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home with nothing resolved. That is real and it matters.
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The second half is where I would push back, and
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not on policy grounds. Tennessee has now failed twice this year.
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Before that, it paused executions for three years after an
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investigation found officials had not properly tested the drugs they
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were using.
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The state switched to a single drug.
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Protocol in 2024 after all of that. The through line
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is not which method is used. It is competence and
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oversight and whether anyone outside the system is permitted to
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check the work. Changing the instrument without fixing that gets
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you a differently botched execution. And here's the question nobody
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has answered. Krista Pike survived. She is being treated by
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doctors right now so that the state can, at some point,
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attempt this again. There is no settled law on what
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that means. It has essentially never happened. Colleen Slemmer was
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19 years old. Someone has to say her name. When
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we come back, 12 people in Polk County decide whether
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a man lives. Damian Tillman was 23. Kevin Springfield was 30.
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Brandon Rollins was 28. On the night of July 17th, 2020,
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the three friends met on Lake Streety Road near Frost Proof,
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Florida to go night fishing. They were ambushed and shot.
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All three died. On Tuesday, after two weeks of testimony,
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a jury of five men and seven women took less
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than four hours to find Tony Lee Wiggins Jr.
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Guilty on all counts. Three counts of first-degree murder, Unanimous.
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He is 32. The state's theory was a grudge over
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a truck engine. We have covered this case twice, and
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both times it was about the same problem. How do
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you prove a case when your central witness takes it
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all back? Wiggins's younger brother William told detectives he watched
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his brother shoot all three men. He said it again
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to a grand jury under oath. He took a plea
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deal to testify. Then on the stand, he said none
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of it was true, that they were never there. and
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that he had just told investigators whatever they wanted to hear.
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The state never called him in its case, and it
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did not matter. Prosecutors put on surveillance video placing Wiggins
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in a Dollar General at the same time as one
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victim and following him out. Blood matching a victim's DNA
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in a vehicle, a missing 12-minute window. And in closing,
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Assistant State Attorney Ralph Guerra pointed to letters from Wiggins'
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jail cell, one of which he said instructed his brother
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to stop snitching, and to tattoos Wiggins later had put
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on his body, including a rat hanging from a noose
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and a highway sign wrapped in crime scene tape. Under
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four hours. There was one more moment worth telling you about.
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During closing arguments on Monday, Brandon Rollins' father interrupted the proceedings,
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shouted that his son had identified Wiggins as the killer,
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and walked out of the courtroom. The defense asked for
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a mistrial, then withdrew the request. The judge instructed the
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jurors to disregard it. I have thought about that a lot.
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A father sat through two weeks of a trial about
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his son being shot on a fishing trip, and for
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a few seconds, he could not hold it. The system's
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answer is to tell 12 people to pretend they did
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not hear a human being break. And they probably mostly can,
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and the trial went on, and his son is still dead.
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Brandon Rollins' mother, Dottie Payton, said after the verdict that
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they waited six years for it. The penalty phase began
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Thursday morning. The same jury now hears aggravating and mitigating
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evidence and recommends either life without parole or death. And
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that is the third capital sentencing proceeding we have covered
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in two weeks. In Lake County, a jury heard about
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Vicki Lynn Williams' schizophrenia and recommended life. In Pinellas County,
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Tomasz Kosawski has refused to present any mitigation at all,
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and a judge will decide alone this month. And now
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Polk County, three juries, three different processes, one punishment. And
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500 miles north of all of it, a woman is
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in a hospital bed because the state that sentenced her
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could not carry it out. Damien Tillman was 23. Kevin
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Springfield was 30. Brandon Rollins was 28. They were going fishing.
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Someone has to say their name. When we come back,
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Alex Murdaugh's lawyers say the state has been sitting on
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something since 2023. Segment 3. The weapons nobody ever found.
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Maggie Murdaugh was 52. Her son Paul was 22. They
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were shot to death at the family's hunting property in
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Colleton County, South Carolina, on June 7, 2021. Alex Murdaugh,
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her husband and his father, was convicted of both murders
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in 2023. That conviction has since been set aside and
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he is awaiting a retrial currently scheduled for April of 2027.
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And on Wednesday, his attorneys filed a motion that, if
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the underlying reporting is accurate, is a serious problem for
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the state. Here is the background you need. The weapons
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used in those killings have never been found. At the
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first trial, prosecutors argued Murdaugh hid them and told the
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jury he had stashed them at his mother's house.
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No weapon was ever recovered.
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The absence of the murder weapons has always been the
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hole in the center of this case. Now, according to
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reporting from South Carolina outlets, A state grand jury has
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been hearing allegations that officers from the Yemesee Police Department handled, moved,
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or concealed weapons and clothing after the murders. Multiple sources
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have told Fitznews that witnesses described seeing the murder weapons
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in the possession of Yemesee Police Chief Greg Alexander immediately
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after the killings. Greg Alexander is a friend of Alex Murdaugh's.
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At the first trial, Murdaugh's brother testified that the police chief,
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whom he called a good friend, accompanied him to the scene.
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Witnesses have also said Alexander arrived early before the scene
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was secured and gave Murdaugh a change of clothes. Alexander's
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attorney has called the allegations absurd. The defense motion attaches
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a grand jury subpoena issued to Alexander on August 31st
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at the request of the lead prosecutor.
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And the argument the defense makes is the one that matters.
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They say that if the reports are accurate, the state
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has held since 2023 a witness statement that a police
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officer handled the murder weapons and the clothing Murdahl was
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said to have worn and never disclosed it.
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That is a Brady claim. Under Brady v.
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Maryland, prosecutors are constitutionally required to turn over evidence favorable
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to the defense. It is not optional, it does not
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depend on whether they think it is important, and it
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is one of the few things that reliably overturns convictions.
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And the defense frames the consequences precisely. They argue it
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bears on the integrity of the crime scene itself, and
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therefore on every piece of physical evidence taken from it.
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And they argue it supports a defense that more than
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one person was involved, which they say the state's own
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investigation now appears to credit. Then they put the state
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in a box. If the prosecution intends to change its
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theory at retrial, the defense says it is entitled to no.
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If it does not, then the evidence is exculpatory and
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the defense is entitled to use it. Either way, they argue,
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it has to be produced. Their motion ends with a
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line I expect to hear again. The defense should not
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have to learn the state's evidence from the press. Now,
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every bit of this is unproven. These are allegations in
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a defense filing, built partly on news reports about secret
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grand jury proceedings. Greg Alexander has not been charged with
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anything and denies it through counsel. prosecutors have not responded
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in court. But if a witness did tell investigators in
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2023 that a police chief was holding the murder weapons
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and that statement never reached the defense, that is not
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a technicality. That is the kind of thing that produces
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a third trial. Maggie Murdahl was 52, Paul Murdahl was 22.
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Five years on, the fight is about a weapon nobody
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has ever found and who was standing at that scene
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before anybody secured it. Someone has to say their names.
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That's the show for Friday, October 2nd. The state's protocol
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says what to do if the first dose fails. It
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says nothing about what to do if the second one does.
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How does a document like that get approved? We will
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stay on Tennessee because Krista Pike's condition has still not
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been disclosed and the governor's review is just starting. The
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Polk County jury could return a death penalty recommendation at
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any time. And jury selection begins Monday in Boston in
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the federal trial over the killing of Sandra Birchmore.
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I'm Garrett Fisher. Do better. A few notes on sourcing.
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On the Tennessee case, this episode was recorded Friday morning
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and the situation was still developing. Krista Pike's condition had
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not been publicly disclosed. The identification of the physician involved
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comes from local news reporting. Tennessee does not publicly identify
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execution personnel and has not confirmed it. The complaint filed
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over the Carruthers' execution contains allegations that have not been adjudicated,
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and the physician has denied participating beyond declaring time of death.
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No court or regulator has made any finding about what
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went wrong in either execution. On the Polk County case,
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Tony Wiggins was convicted on all counts, and the penalty
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phase is underway.