MONTGOMERY, Ala. — Lawyers representing an inmate in Alabama, who is facing execution by nitrogen gas scheduled for February 6, have filed a request with a federal judge to halt the execution. They argue that prior executions using nitrogen gas demonstrated that the inmates displayed signs of distress and suffocation as the lethal gas was administered.
Demetrius Terrence Frazier, 52, is slated for execution for the 1991 murder and rape of Pauline Brown. In a court filing submitted on Wednesday, Frazier’s legal team requested that the execution be blocked unless modifications are made to the state’s protocol, such as administering a sedative prior to the introduction of the gas. The filing referred to accounts from witnesses during the first three executions executed with nitrogen gas in Alabama.
According to Frazier’s lawyers, “The small data set of three nitrogen hypoxia executions provides compelling evidence: Alabama’s method does not perform as claimed by officials and inevitably results in conscious suffocation, which violates the Eighth Amendment.” The judge, U.S. District Judge Emily C. Marks, has scheduled a hearing for July 28 to discuss the motion for a preliminary injunction.
Last year, Alabama made history by becoming the first state to conduct an execution using nitrogen gas. Three inmates were executed with this new method, which entails placing a respirator gas mask over the inmate’s face to replace breathable air with pure nitrogen, leading to death through oxygen deprivation.
Media observers noted that the inmates displayed reactions such as shaking on the gurney during the initial moments of their executions, followed by what appeared to be prolonged and laborious breathing with extended pauses.
The Alabama Attorney General’s office has not yet responded to the motion to stop the execution. Previously, the state sought to dismiss Frazier’s lawsuit regarding the execution method, contending that the movements exhibited by the inmates did not necessarily indicate suffering.
In a court filing made on Christmas Eve, the state’s attorneys stated, “He does not consider more plausible explanations for the movements, such as voluntary resistance or involuntary movements that can occur during death, which could be misinterpreted as signs of awareness or distress.”
Lethal injection continues to be the primary method of execution in Alabama. In 2018, Alabama became the third state to permit the use of nitrogen gas for executions, allowing inmates a brief opportunity to choose their preferred method. Frazier opted for nitrogen gas, although the state had not yet established procedures for executing inmates with this method at that time.
Frazier was found guilty of murdering Brown in her Birmingham residence. Prosecutors have stated that while in custody in Detroit on an unrelated matter, Frazier admitted to raping and killing Brown after taking around $80 from her purse. The jury determined, by a 10-2 vote, that he should receive a death sentence, which was subsequently affirmed by a judge.
