MONTGOMERY, Ala. — On Tuesday, Alabama officials requested a federal judge to permit the execution of Demetrius Terrence Frazier, which is planned for next week using nitrogen gas, the fourth such execution in the nation. However, a doctor who observed a prior execution using this method expressed concerns, stating that the inmate appeared to experience distress and remained conscious longer than expected.
Frazier, who is 52 years old, was convicted for the rape and murder of a woman in Birmingham in 1991. Alabama has conducted three nitrogen gas executions to date and has scheduled Frazier’s execution for February 6. In response, Frazier’s legal team requested a hearing to seek a court injunction against the execution.
The defense lawyers argued that the state must modify its execution protocol to include a sedative akin to that used at the beginning of lethal injections before applying the nitrogen gas. Concurrently, Frazier’s mother and opponents of the death penalty urged the governor of Michigan to request that Frazier serve his life sentence for a previous murder conviction in their state, as Michigan does not allow capital punishment.
Alabama’s execution protocol involves using a respirator mask to administer pure nitrogen gas, which causes death by oxygen deprivation. State officials affirmed that this method would ensure a rapid death.
Dylan L. Mauldin, Assistant Solicitor General for Alabama, argued that Frazier’s legal actions were merely a tactic to delay his execution and requested the court to dismiss the motion for a preliminary injunction. Mauldin also referenced that the U.S. Supreme Court has never found nitrogen gas executions unconstitutional.
In contrast, Frazier’s attorney contended that previous inmates executed by nitrogen gas appeared to remain aware for longer than the state’s anticipated range of 30 to 40 seconds. U.S. District Judge Emily Marks questioned the necessity of her intervention, especially as earlier nitrogen executions had proceeded without issue.
“When it comes to nitrogen gas executions, it’s evident that something is amiss. Every executed inmate has shown signs of consciousness beyond what has been predicted,” stated Spencer Hahn, representing Frazier.
Testimony was presented by Dr. Brian McAlary, an anesthesiologist who witnessed the execution of Carey Dale Grayson in November. He noted visible signs of distress in Grayson, including movement of his head and rapid eye motions. McAlary suggested that Grayson had a conscious last movement about three minutes into the execution where he raised both legs simultaneously.
This courtroom testimony marked the first instance where a medical professional recalled observations tied to a nitrogen execution, which previously depended on media reports and corrections staff accounts. Dr. Joseph Antognini, an anesthesiologist for the state, offered counterarguments, claiming Grayson’s movements could not be seen as signs of consciousness. He noted, however, that he had not witnessed movements similar to Grayson’s during surgical procedures.
Throughout the proceedings, Frazier was in the courtroom, restrained and taking notes. Alabama Corrections Commissioner John Hamm reported that Grayson was combative and hostile upon beginning his execution, even making obscene gestures. Hamm believed that Grayson’s head movements indicated an attempt to dislodge the gas mask.
Supporters of Frazier also advocated for him to serve his sentence in Michigan rather than face execution in Alabama. Initially sentenced to life in prison in Michigan for a separate 1992 murder, Frazier was convicted in Alabama after confessing to the crime while in custody in Michigan. In a 2011 agreement, the governors of both states decided to place him on Alabama’s death row.
Frazier’s attorneys previously submitted an appeal to have him returned to Michigan but withdrew the request after the state’s attorney general indicated no desire to reclaim him. Further, Frazier’s mother, along with anti-death penalty activists, made a final plea to Michigan Governor Gretchen Whitmer for intervention.
“Please bring my son back to Michigan. Please don’t allow Alabama to execute him if there is any chance to stop it,” Carol Frazier implored in her letter to the governor. Whitmer’s office has opted not to comment on this matter.
