Alabama Inmate Challenges Controversial Nitrogen Execution Method

Legal team cites previous execution issues in court filing
By Newser.AI Read our AI policy
Posted Aug 22, 2024 2:20 AM CDT
Alabama Inmate Challenges Controversial Nitrogen Execution Method
This undated photo provided by the Alabama Department of Corrections shows Carey Dale Grayson, one of the state's death row inmates who asked to have his execution carried out by nitrogen gas. The Alabama Supreme Court on Wednesday, Aug. 14, 2024, authorized the execution of Grayson by nitrogen gas.   (Alabama Department of Corrections via AP File)

Lawyers for Alabama inmate Carey Dale Grayson are contesting the state's use of nitrogen gas for executions, claiming significant issues with the method. In a Tuesday court filing, they requested blocking his November 21 execution, arguing that Alabama ignored substantial problems highlighted by earlier executions, including that of Kenneth Smith in January. The autopsy on Smith showed blood and fluid in his lungs as well as congestion and edema.

Dr. Thomas Andrew, a former chief medical examiner, said the lung congestion that was detected is consistent with asphyxia as the method of death. He said as the heart rapidly fails, "blood backs up and the lungs become quite congested." The execution was also conducted without administering a sedative. "I think that's a critical critique of the protocols used in this form of execution," he said. "You certainly will have a sense of the absence of oxygen, air hunger, and all of the panic and discomfort that is part and parcel of that way of dying,"

Alabama has scheduled additional nitrogen gas executions, with Alan Eugene Miller set for execution on September 26. Grayson's attorneys criticize the state for not investigating the problematic outcomes of prior executions. The Alabama Attorney General's office has remained firm, arguing the method's constitutionality, but declined to comment directly on the recent court filing. Grayson was sentenced to death for his role in the 1994 murder of Vickie Deblieux, and his request for a preliminary injunction awaits a state response. (This story was generated by Newser's AI chatbot. Source: the AP)

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