Attorneys representing an Alabama inmate, set to be executed using nitrogen gas, have raised concerns about the method in a court filing on Tuesday. They argued that the state has disregarded issues with the procedure as it plans more nitrogen executions. The lawyers for Carey Dale Grayson urged a federal judge to halt Alabama from employing the same nitrogen protocol used in the recent execution of Kenneth Smith, citing witness accounts and the autopsy results of Smith.
Alabama, which conducted the first nitrogen execution in the country, has scheduled two more executions by nitrogen gas. Another execution by nitrogen gas is planned for Sept. 26 for Alan Eugene Miller, while Grayson is set to be executed on Nov. 21. Grayson’s legal team stated in the court filing that instead of investigating what went wrong, Alabama has chosen to ignore signs that the current protocol poses serious issues that could lead to unconstitutional and inhumane executions.
Following Kenneth Smith’s execution, an autopsy revealed that he had blood and fluid in his lungs, with signs of congestion and edema along with frothy fluid, indicating a cause for concern. An expert hired by Grayson’s legal team, Dr. Brian McAlary, explained that the observed pulmonary edema could be a result of panic in the individual due to the lack of sedation before administering the nitrogen gas.
Dr. Thomas Andrew, a retired chief medical examiner, expressed concern regarding the method used in the execution, stating that the symptoms observed in Smith are consistent with asphyxia. He noted the possibility of a panicked reaction in the absence of sedation, causing discomfort and a sense of air hunger. Alabama introduced nitrogen gas as an execution method in 2018, with Grayson opting for it as his chosen method.
Grayson was sentenced to death for his involvement in the killing of Vickie Deblieux in 1994. Along with three other teenagers, Grayson was convicted of attacking, beating, and throwing Deblieux off a cliff after offering her a ride. Grayson, who was 19 at the time of the crime, is the only one of the group facing the death penalty.
