MONTGOMERY, Ala. — A federal judge conducted a hearing on Tuesday regarding the circumstances surrounding the first executions in the United States using nitrogen gas. The judge is considering whether to allow Alabama to proceed with this method for the scheduled execution of inmate Carey Dale Grayson on November 21.
Grayson’s legal representatives have requested a preliminary injunction to halt the planned execution. They argue that modifications to the execution protocol are necessary, stating in court documents that the state has “chosen to ignore clear and obvious signs” of significant issues within the current procedure.
In contrast, state officials are advocating for the execution to take place as intended, asserting in their filings that it is time to carry out Grayson’s legitimate sentence.
Alabama has previously executed two inmates using nitrogen gas. Kenneth Smith was executed in January, marking the first use of this method in the country, while Alan Miller was executed the following month. Media witnesses reported that both inmates exhibited severe physical reactions during the proceedings, including violent shaking for multiple minutes followed by episodes of labored breathing interspersed with long pauses.
The nitrogen gas execution procedure involves placing a gas mask over the inmate’s face, replacing air with pure nitrogen, which ultimately leads to death through oxygen deprivation. This method has sparked debates about its humanitarian implications, with opponents contending that it does not produce the swift death that officials have claimed.
Alabama Corrections Commissioner John Q. Hamm provided testimony, expressing no concern regarding the execution outcomes. He stated that the involuntary reactions observed, including the breathing patterns, were anticipated based on his findings.
Captain Brandon McKenzie, who leads the execution team present during the executions, testified that a pulse oximeter attached to Kenneth Smith initially indicated high oxygen levels. He noted that Smith raised his head and shoulders before collapsing back onto the gurney, at which point the readings dropped significantly.
McKenzie reported that the pulse oximeter for Miller indicated a rapid decline in levels immediately after nitrogen began to flow. The state suggested that Smith may have held his breath, prolonging his execution duration. An autopsy revealed that Smith had fluid in his lungs following his death, a result that the Alabama Department of Forensic Sciences attributed to negative pressure pulmonary edema, which can occur when a person fights to breathe against an obstruction, resulting in fluid accumulation from blood vessels.
One of Grayson’s attorneys inquired about the potential psychological impact on someone experiencing this condition. Anesthesiologist Dr. Brian McAlary testified that it would be hard to envision that individual not experiencing panic or psychological distress.
Dr. Shante Hill, who performed the autopsy for the state, stated that her findings were consistent with death via asphyxia or hypoxia and found no evidence of an obstruction. Testimony related to this case is expected to resume Wednesday morning.
Grayson was one of four teenagers found guilty in the 1994 murder of 37-year-old Vickie Deblieux in Jefferson County. Prosecutors alleged that Deblieux was hitchhiking from Tennessee to her mother’s home in Louisiana when the group offered her a ride, ultimately taking her to a secluded area where they assaulted her, pushed her off a cliff, and later dismembered her body.
Grayson stands as the only one among the four receiving a death sentence; the other two teenagers had their sentences overturned following a U.S. Supreme Court ruling that prohibited the execution of individuals who were under 18 at the time of their offense. Grayson, in contrast, was 19 at the time of the crime.
