MONTGOMERY, Ala. — A federal judge has declined to halt Alabama’s upcoming execution by nitrogen gas, which marks the third instance of this method within the United States. U.S. District Judge R. Austin Huffaker Jr. made his ruling on Wednesday, dismissing a request for a preliminary injunction aimed at preventing the execution of Carey Dale Grayson, scheduled for November 21. The judge determined that Grayson did not sufficiently demonstrate that his claim about the method being unconstitutionally cruel would likely succeed in court.
Huffaker remarked that the evidence presented by Grayson amounted to mere speculation and was based on conjectural scenarios that lacked substantiation. He described these claims as a “speculative parade of highly unlikely events” and noted that they failed to establish that the nitrogen hypoxia protocol posed an unacceptable risk of suffering during the execution process.
Grayson’s representation, John Palombi from the Federal Defenders Program, indicated that they intend to appeal the decision. The execution protocol involves using a gas mask to replace the inmate’s breathable air with pure nitrogen, leading to death through asphyxiation. Detractors of this method have raised concerns, asserting that the method may not ensure the swift death that officials claim it provides.
Kenneth Smith was the first inmate executed using nitrogen gas in January, followed by Alan Miller last month. Media sources, including major outlets, reported that witnesses observed both inmates exhibiting distressing physical reactions, such as shaking on the gurney for an extended period and displaying labored breathing after the initial application of the gas.
During the hearing leading to Huffaker’s ruling, testimonies were provided by the Alabama corrections commissioner and others regarding their observations during the prior nitrogen gas executions. Grayson’s attorneys presented news articles that highlighted the physical responses of Smith and Miller during their executions.
The judge noted that the evidence regarding what transpired during Smith’s execution was inconsistent and uncertain. However, he concluded that the data gathered did indicate that the nitrogen hypoxia method was effective, leading to death within ten minutes and loss of consciousness even sooner.
Grayson was convicted alongside three others for the 1994 murder of 37-year-old Vickie Deblieux in Jefferson County. Prosecutors stated that Deblieux was hitchhiking from Tennessee to her mother’s residence in Louisiana when she was offered a ride by the group. They reportedly drove her to a secluded area, assaulted her, discarded her from a cliff, and subsequently mutilated her remains.
Among the co-defendants, Grayson is the only one facing execution. The others had their death sentences overturned following a U.S. Supreme Court ruling prohibiting the execution of individuals who were under 18 years old at the time of their crime; Grayson was 19 at that time. While lethal injection continues to be Alabama’s primary method of execution, inmates have the option to choose death by nitrogen gas or the electric chair.
