MONTGOMERY, Ala. — A federal judge in Alabama has ruled against halting the use of nitrogen gas in executions, allowing the state to proceed with what would be its fourth such execution. The decision comes despite challenges from condemned inmate Demetrius Frazier, who argued that the method inflicts psychological pain and constitutes cruel and unusual punishment.
Chief District Judge Emily C. Marks determined on Friday that Frazier did not meet the stringent legal requirements necessary for a preliminary injunction. Frazier had requested the court to either prohibit the state from using nitrogen gas or to administer a sedative prior to execution to mitigate potential suffering.
In her ruling, Marks wrote that Frazier did not demonstrate a substantial risk of serious psychological pain that would deem the nitrogen gas method a violation of the Eighth Amendment, which prohibits cruel and unusual punishment.
Frazier is slated for execution for the brutal 1991 assault and murder of Pauline Brown in her Birmingham apartment, where he raped her and fatally shot her in the back of the head. Following his conviction, this forthcoming execution marks Alabama’s continued use of nitrogen hypoxia, introduced in 2024 as an execution method. The state uses a respirator gas mask that displaces breathable air with pure nitrogen, leading to death by oxygen deprivation.
The defense argued that the state’s initial nitrogen executions resulted in visible suffering, contradicting promises of a swift, humane death. Eyewitness accounts from these executions depicted distressing scenes where prisoners seemed to suffocate, some remaining conscious for extended periods. Dr. Brian McAlary, an anesthesiologist present at one execution, testified to witnessing what he perceived as clear signs of distress.
Despite these testimonies, the judge maintained that the observed reactions did not conclusively prove that the executed men suffered severe psychological pain beyond what is inherent in any execution method.
In her judgment, Marks also noted potential constitutional issues with the method if an inmate remains conscious while inhaling nitrogen gas, indicating that prolonged consciousness could potentially infringe upon constitutional protections against cruel and unusual punishment.
Frazier’s prior criminal record includes a 1992 life sentence in Michigan for the murder of a 14-year-old girl. Michigan, having no death penalty, complicates Frazier’s situation. His mother pleaded with Michigan Gov. Gretchen Whitmer to intervene and have her son transferred back to Michigan to serve out his life sentence, rather than face execution in Alabama. In her desperate letter to Whitmer, Carol Frazier urged, “Please bring my son back to Michigan. Please don’t let Alabama kill my son if you can stop it.” Unfortunately for Frazier, Whitmer’s office did not provide any comments on the appeal.
The use of nitrogen gas for executions in Alabama continues to stir debate and legal challenges on ethical, legal, and humanitarian grounds. Critics argue that new execution methods, regardless of their designed intent, must be rigorously evaluated to ensure compliance with both constitutional protections and human dignity.
This article was generated by Open AI. Note that the individuals, specifics, circumstances, and narrative presented may contain inaccuracies. Requests for corrections, retractions, or deletions can be made by contacting [email protected].