A U.S. District Court judge has temporarily blocked the execution of a Louisiana inmate by nitrogen gas. Judge Shelly Dick issued the preliminary injunction on Tuesday, ruling that the untested execution method could cause the inmate “pain and terror,” which would violate the Eighth Amendment’s prohibition on cruel and unusual punishment.
Jessie Hoffman, who was convicted in 1997 for the kidnapping, rape, and murder of Molly Elliot, had been scheduled for execution by nitrogen gas on March 18. Hoffman had originally been sentenced to death by lethal injection, but in February 2020, the Louisiana Department of Public Safety and Corrections (DPSC) changed the method to nitrogen hypoxia. This decision came just one year after Louisiana passed a law allowing nitrogen and electrocution as methods of execution.
The judge’s ruling comes at a time when an Alabama federal court also made a significant decision. On the same day, a court in Alabama denied a motion to dismiss a case challenging the constitutionality of death by nitrogen hypoxia. The case concerns David Wilson, who has been on death row in Alabama since 2007 for his role in a robbery that led to a homeowner’s death. In 2018, Alabama lawmakers amended the state’s execution laws, giving inmates the choice between death by nitrogen hypoxia or lethal injection. Wilson chose nitrogen hypoxia.
In 2023, the Alabama Department of Corrections released new protocols for nitrogen hypoxia, which involve using a mask to pump pure nitrogen into the condemned inmate’s face, depriving them of oxygen until they die. Wilson argues that this method constitutes cruel and unusual punishment, referencing scientific studies that suggest it causes a slow and painful death.
Wilson also pointed to the 2024 execution of Kenneth Smith, who was put to death by nitrogen hypoxia in a process that lasted 22 minutes. Smith reportedly experienced significant suffering, including struggling against restraints and deep breathing before his death. Wilson’s legal team, including ACLU Deputy Legal Director Yasmin Cader, condemned Smith’s execution as “horrific” and an example of the “barbaric practice” of capital punishment.
The Equal Justice Initiative has also raised concerns about the risks associated with nitrogen hypoxia executions, including asphyxiation, brain damage, stroke, or a persistent vegetative state. The organization also warned of potential harm to prison staff if equipment malfunctions during the procedure. Furthermore, three major U.S. nitrogen manufacturers have expressed opposition to using their products for executions, stating that it conflicts with their values.
Currently, only Louisiana, Oklahoma, Mississippi, and Alabama permit execution by nitrogen hypoxia, with Alabama being the first state to carry out such an execution.
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