Louisiana execution recharges debate on death by nitrogen gas

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(NewsNation) — A death enactment inmate slated to go the archetypal idiosyncratic to beryllium enactment to decease by nitrogen gas successful Louisiana is seeking to halt the execution, citing law concerns implicit the arguable sidesplitting method. 

Jessie Hoffman is acceptable to beryllium executed March 18, but his attorneys are asking a justice for a preliminary injunction to forestall it owed to the secrecy of however the execution volition beryllium carried out. 

The inmate volition contiguous his arguments during a proceeding connected Friday successful which helium is expected to testify.

Hoffman was convicted of first-degree execution successful the 1996 rape and sidesplitting of 28-year-old Mary “Molly” Elliot.

Hoffman’s lawyers accidental that helium was informed Feb. 20 that helium volition beryllium killed utilizing nitrogen gas, but authorities officials person not yet provided a elaborate execution protocol, which the lawyers accidental is indispensable to conscionable his law rights.  

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“The State wants to rotation retired this caller state protocol but support it hidden from the nationalist and adjacent from the antheral they question to kill,” Samantha Kennedy, enforcement manager of the Promise of Justice Initiative, who is representing Hoffman, told NewsNation.

"Jessie Hoffman has a close to cognize however he's going to beryllium killed, and we person a close arsenic his attorneys to beryllium capable to find if it's going to beryllium a constitutional."

Louisiana Attorney General Liz Murrill has defended the state’s determination to utilize nitrogen hypoxia, a method utilized to suffocate a idiosyncratic by denying them oxygen and allowing them to lone inhale nitrogen gas.

“On March 18, 2025, the State of Louisiana volition execute Hoffman by nitrogen hypoxia for Molly’s murder. We person and volition proceed to vigorously support the State’s work to transportation retired this condemnation and bring justness to the household and friends of Molly Elliot,” Murrill said successful a statement. 

Murrill told NewsNation section affiliate WVLA that she hasn’t personally spoken to the victim's family.

History of nitrogen state executions successful the US

The country’s archetypal execution utilizing nitrogen state was carried retired past twelvemonth successful Alabama, which has present been utilized to execute 4 radical successful the state. If Hoffman’s execution doesn’t get halted, Louisiana volition go the 2nd authorities to utilize the method connected decease enactment inmates. 

All of the men executed successful Alabama utilizing nitrogen shook oregon gasped to varying degrees connected the gurney arsenic they were being enactment to death, according to media witnesses, including The Associated Press.

Rev. Jeff Hood, the spiritual advisor for Kenneth Smith, who was the archetypal idiosyncratic to beryllium killed utilizing nitrogen, witnessed his execution and called it "a slow, achy means of torture.”

Smith's execution was "the astir convulsive happening that I person ever witnessed oregon engaged with," Hood told Catholic quality outlet OSV. "It was perfectly … incredibly disturbing to spot a quality being suffocated to death."

Alabama Attorney General Steve Marshall has maintained the method arsenic “painless and humane.”

After convicted murderer Alan Miller settled a suit against Alabama implicit the usage of nitrogen state successful 2024, Marshall stated, “The solution of this lawsuit confirms that Alabama’s nitrogen hypoxia strategy is reliable and humane.”

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Alabama's nitrogen executions beryllium adjacent much however untested this method is, Kennedy said.

"It's intolerable to cognize if someway Louisiana Department of Corrections has fixed each the problems that happened successful Alabama, wherever each azygous clip they killed radical with gas, it was perfectly a torturous, gruesome, horrific experience," she said.

"Jessie Hoffman and the nationalist person a close to cognize what is the process that Louisiana is engaging in, and ... if they're upholding everyone's law rights."

Which states let for the usage of nitrogen state successful executions?

Currently, 4 states let nitrogen state executions: Louisiana, Alabama, Oklahoma and Mississippi.

An Arkansas measure that would let nitrogen connected decease enactment inmates passed the authorities House connected Tuesday and volition present beforehand for a afloat vote. 

Louisiana had paused executions for 15 years owed to an inability to unafraid lethal injection drugs, but with a nitrogen state execution protocol finalized past month, the authorities has been anxious to proceed. 

“For excessively long, Louisiana has failed to uphold the promises made to victims of our State’s astir convulsive crimes, but that nonaccomplishment of enactment by erstwhile administrations is over,” Louisiana Gov. Jeff Landry said successful a statement.

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Louisiana scheduled 2 executions connected consecutive days successful March, but inmate Christopher Sepulvado, who was scheduled to beryllium executed 1 time earlier Hoffman, died connected Feb. 23 of an illness.

Hoffman had initially challenged Louisiana’s lethal injection protocol successful 2012 connected the grounds that the method was cruel and antithetic punishment.

U.S. District Judge Shelly Dick dismissed the suit successful 2022 due to the fact that the authorities had nary executions planned but reopened the lawsuit past month, saying that the scheduled executions were “extraordinary circumstances” that warranted much scrutiny.  

A three-judge sheet of the U.S. 5th Circuit Court of Appeals issued a enactment successful Dick’s ruling portion it considers an absorption from Murrill. 

The Associated Press contributed to this story.

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