A planned execution by nitrogen gas against Alabama inmate Carey Dale Grayson can proceed, a judge ruled this week.
The Judge's Ruling
On Wednesday, U.S. District Judge R. Austin Huffaker Jr. denied an attempt to prevent Alabama from using nitrogen gas to execute Carey Dale Grayson, scheduled for November 21. Huffaker ruled that Grayson had not met the substantial legal standard necessary to prove the method's likely unconstitutionality due to excessive cruelty.
Read More on U.S.
"His evidence and allegations amount to speculation, a speculative parade of highly unlikely events, and scientific controversy at best. They fall well short of showing that the nitrogen hypoxia protocol creates an unacceptable risk of pain, let alone superadded pain," the judge wrote in a ruling.
John Palombi, an attorney with the Federal Defenders Program representing Grayson, said his team intends to file an appeal.
The Execution Method
The nitrogen gas execution method involves fitting a respirator mask over the inmate's face, replacing breathable air with pure nitrogen to induce death by oxygen deprivation. Critics argue that Alabama's protocol may not deliver the swift death it claims, raising concerns over potential suffering.
In January, Kenneth Smith became the first person in the U.S. to be executed using nitrogen gas, followed by Alan Miller in September. Media witnesses, including reporters from The Associated Press, described the men convulsing on the gurney for over two minutes. These movements were followed by labored breaths, marked by prolonged pauses, lasting several minutes.
Huffaker's ruling came after a hearing where Alabama's corrections commissioner and other officials testified about their observations during the first nitrogen gas executions. Grayson's attorneys presented news articles from media witnesses, detailing the visible movements of the two men during the procedure.
"Evidence concerning what actually happened, or what eyewitnesses observed during the Smith execution, was conflicting and inconsistent," Huffaker said. "But what that evidence did show was that the nitrogen hypoxia protocol was successful and resulted in death in less than 10 minutes and loss of consciousness in even less time."
Lethal injection remains Alabama's primary execution method, though inmates have the option to choose nitrogen gas or the electric chair as alternatives.
The Case Against Grayson
Grayson was one of four teenagers convicted in the 1994 murder of 37-year-old Vickie Deblieux in Jefferson County. Prosecutors stated that Deblieux had been hitchhiking from Tennessee to her mother's home in Louisiana when the teens offered her a ride. Instead, they allegedly drove her to a remote wooded area, attacked her, threw her off a cliff and later mutilated her body.
Grayson is the only one among the group still facing a death sentence. Two of the other teens had their sentences commuted after the U.S. Supreme Court barred the execution of individuals who were under 18 at the time of their crimes. Grayson was 19.
This article includes reporting from The Associated Press.