00:11The Plaintiff Pike has a history of difficulty with blood draws and needle insertion.
00:16Prison medical staff often use a butterfly needle on her arm.
00:20The new protocol does not provide for medical staff, this is paragraph 78,
00:24to achieve and or maintain peripheral IV access.
00:28And count one of that complaint, looking at page 20, paragraph 83,
00:35the new protocol is unconstitutional in the way that it will be applied to the plaintiff,
00:40again this is Ms. Pike, because of her serious medical conditions,
00:44including but not limited to thrombocytopenia, thrombocytosis, bipolar disorder,
00:49post-traumatic stress disorder, hyperlipidemia, and small veins that make insertion of a needle difficult.
00:57We are working together to ensure that counsel for Ms. Pike is able to get the evidence that they believe
01:05they're entitled to.
01:07TDOC has been instructed to preserve the evidence that's covered in the King Middlebrook's order,
01:12and we have invited counsel for Ms. Pike.
01:16If there's anything that they believe that is not covered in that order,
01:20please let us know, and we can pass that along.
01:23Ms. Pike is not a party to the federal.
01:29The preservation motion itself says the plaintiff, Krista Gale-Pike, through counsel,
01:34moves for an order requiring TDOC to protect and preserve any and all events related to its botched attempt at
01:40Ms. Pike's execution.
01:41If they don't have it, they can't preserve it.
01:44We're asking this court to order them to preserve all information and records that they have.
01:49And then there was some confusion over whether we want pictures, whether we want IV lines.
01:55We want all of it.
01:56That's the request.
01:58Everything that they have in their possession should be preserved.
02:02The Middlebrook's preservation order's effect is to require TDOC to preserve evidence.
02:07That's precisely what Ms. Pike is asking this court to do.
02:12Whether or not this court grants that request, TDOC is still obligated to preserve the very same evidence we've been
02:18talking about.
02:20And so it's not that this court is bound by Middlebrook's or King.
02:25Far from it.
02:26It's that TDOC is bound to preserve the evidence contemplated in that order.
02:31For Mr. Middlebrook's.
02:33For any future protocol litigation, including Ms. Pike.
02:37And that is the state's position and its filings.
02:40That Ms. Pike's attempted execution clearly falls under that order.
02:46So any evidence that that order contemplates that's related to that event on September 30th must be preserved.
02:55In light of the evolving situation, the court will pin and grant its own order, granting the motion to preserve
03:08relevant evidence.
03:13As a primary matter, we want all drugs, syringes, IV lines, tubing that are within the state's possession, needles, catheters,
03:22medical supplies, restraints, gurneys, anything that was in the actual room needs to be preserved and maintained.
03:33That would include waste, all packing, labels, inserts, anything in regards to the actual drug that was used needs to
03:46be maintained and preserved,
03:48as well as any supplies that would have come from whatever manufacturer administering those products.
03:58The board is now there.
04:00The board is now there.
