A federal judge will decide whether to allow Alabama to perform the nation’s third execution by nitrogen hypoxia after hearing testimony pertaining to the execution method on Tuesday.
Lawyers for Carey Dale Grayson, 49, seek a preliminary injunction to halt his execution on November 21. Grayson is expected to be the third death row inmate in the nation to be killed by nitrogen hypoxia.
U.S. District Judge R. Austin Huffaker, Jr., of the Middle District of Alabama, appointed by President Donald Trump in 2019, presided over Tuesday’s motion hearing.
The state is asking the judge to deny the motion and continue with the execution as planned, while Grayson’s lawyers say state officials “have chosen to ignore clear and obvious signs the current protocol contains major problems.”
This undated photo provided by the Alabama Department of Corrections shows Carey Dale Grayson. Grayson’s lawyers are asking a federal judge to block his coming execution by nitrogen hypoxia.
Alabama Department of Corrections via AP File
Grayson was one of four men convicted of capital murder for the 1994 death of Vickie Deblieux. The men saw her hitchhiking and offered to give her a ride, then drove to a wooded area and beat her to death.
Louis Mangione was sentenced to life in prison. Kenneth Loggins and Trace Duncan were sentenced to death, but their sentences were commuted to life in prison in 2006 after the state passed a law prohibiting the execution of inmates who were minors when they committed their crimes.
What Is Nitrogen Hypoxia?
Nitrogen hypoxia involves placing a gas mask on the inmate’s face to replace normal air with pure nitrogen. The method eventually causes death by lack of oxygen.
The first inmate to be executed using this method was Kenneth Eugene Smith, on January 25 in Alabama. Smith was convicted of murder and sentenced to death in 1989 for a murder-for-hire plot.
Alan Eugene Miller was the second inmate to be killed by nitrogen hypoxia, executed on September 26 in Alabama. Miller was found guilty of three counts of capital murder and sentenced to death for the 1999 killings of three men.
Alabama is the only state that has used the method so far, but Mississippi and Oklahoma have also approved its usage.
Media witnesses at both executions said the inmates shook on the gurney for at least two minutes, followed by several minutes of heavy breathing. Alabama Corrections Commissioner John Q. Hamm testified at Tuesday’s hearing, saying the involuntary movements were expected, based on the research.
When Miller expressed concerns about the execution method, lawyers for the state said Smith’s death was complicated because he held his breath. Miller said he did not plan to resist the procedure, according to Bolts.
“We don’t see people jerking around like that while they’re dying normally,” John Muench, physician and Miller’s spiritual adviser, told the outlet. “His face was twisted and he looked like he was suffering.”
Grayson’s lawyers had asked that Miller’s execution be filmed, but their request was denied.
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